79C3C34C52B45572883A05D425EB0F82
Public Law 108-458, Section 8306
https://www.govinfo.gov/content/pkg/PLAW-108publ458/pdf/PLAW-108publ458.pdf
http://leaux.net/URLS/ConvertAPI Text Files/4239DCD0BCB40B48AE9BE532E5709108.en.txt
Examining the file media/Synopses/4239DCD0BCB40B48AE9BE532E5709108.html:
This file was generated: 2020-12-01 05:20:25
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Criminal Convictions
Searching for indicator felony:
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p.(None): the employee received by the authorized employer pursuant to this Act.
p.(None): (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal
p.(None): history record information search from an authorized employer pursuant to this Act, submitted through the
p.(None): State identification bureau of a participating State, the Attorney General shall—
p.(None): (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal
p.(None): Bureau of Investigation; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757
p.(None):
p.(None):
p.(None): (ii) promptly provide any resulting identification and criminal history record information to the submit- ting
p.(None): State identification bureau requesting the information.
p.(None): (D) USE OF INFORMATION.—
p.(None): (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the
p.(None): State identification bureau, the information shall be used only as provided in clause (ii).
p.(None): (ii) TERMS.—In the case of—
p.(None): (I) a participating State that has no State standards for qualification to be a private security officer, the
p.(None): State shall notify an authorized employer as to the fact of whether an employee has been—
p.(None): (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction
p.(None): occurred during the previous
p.(None): 10 years, or an offense involving the use or attempted use of physical force against the person of
p.(None): another if the conviction occurred during the previous 10 years; or
p.(None): (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days;
p.(None): or
p.(None): (II) a participating State that has State stand- ards for qualification to be a private security officer,
p.(None): the State shall use the information received pursuant to this Act in applying the State stand- ards and shall
p.(None): only notify the employer of the results of the application of the State standards.
p.(None): (E) FREQUENCY OF REQUESTS.—An authorized employer may request a criminal history record information search for
p.(None): an employee only once every 12 months of continuous employment by that employee unless the
p.(None): authorized employer has good cause to submit additional requests.
p.(None): (2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Attorney General
p.(None): shall issue such final or interim final regulations as may be necessary to carry out this Act, including—
p.(None): (A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction
p.(None): of information and audits, and record keeping;
p.(None): (B) standards for qualification as an authorized employer; and
p.(None): (C) the imposition of reasonable fees necessary for conducting the background checks.
p.(None): (3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Who- ever knowingly and intentionally uses any information
p.(None): obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for
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p.(None): (2) in paragraph (c), by inserting ‘‘section 175c (relating to variola virus),’’ after ‘‘section 175
p.(None): (relating to biological weapons),’’; and
p.(None): (3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after ‘‘2332f,’’.
p.(None): SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED STATES CODE.
p.(None): Section 2332b(g)(5)(B) of title 18, United States Code, is amended—
p.(None): (1) in clause (i)—
p.(None): (A) by inserting before ‘‘2339 (relating to harboring terrorists)’’ the following: ‘‘2332g (relating to
p.(None): missile sys- tems designed to destroy aircraft), 2332h (relating to radio- logical dispersal devices),’’; and
p.(None): (B) by inserting ‘‘175c (relating to variola virus),’’ after ‘‘175 or 175b (relating to biological weapons),’’; and
p.(None): (2) in clause (ii)—
p.(None): (A) by striking ‘‘section’’ and inserting ‘‘sections 92 (relating to prohibitions governing atomic weapons)
p.(None): or’’; and
p.(None): (B) by inserting ‘‘2122 or’’ before ‘‘2284’’.
p.(None): SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES CODE.
p.(None): Section 1956(c)(7)(D), title 18, United States Code, is amended—
p.(None): (1) by inserting after ‘‘section 152 (relating to concealment of assets; false oaths and claims; bribery),’’ the
p.(None): following: ‘‘sec- tion 175c (relating to the variola virus),’’;
p.(None): (2) by inserting after ‘‘section 2332(b) (relating to inter- national terrorist acts transcending national
p.(None): boundaries),’’ the following: ‘‘section 2332g (relating to missile systems designed to destroy aircraft),
p.(None): section 2332h (relating to radiological dis- persal devices),’’; and
p.(None): (3) striking ‘‘or’’ after ‘‘any felony violation of the Foreign Agents Registration Act of 1938,’’ and after
p.(None): ‘‘any felony violation of the Foreign Corrupt Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or section 92 of
p.(None): the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons)’’.
p.(None): SEC. 6910. EXPORT LICENSING PROCESS.
p.(None): Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C.
p.(None): 2778) is amended—
p.(None): (1) by striking ‘‘or’’ before ‘‘(xi)’’; and
p.(None): (2) by inserting after clause (xi) the following: ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention
p.(None): of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft
p.(None): (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dis- persal devices
p.(None): (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3775
p.(None):
p.(None):
p.(None): SEC. 6911. CLERICAL AMENDMENTS.
p.(None): (a) CHAPTER 113B.—The table of sections for chapter 113B of title 18, United States Code, is amended by
p.(None): inserting the fol- lowing after the item for section 2332f:
p.(None): ‘‘2332g. Missile systems designed to destroy aircraft. ‘‘2332h. Radiological dispersal devices.’’.
p.(None): (b) CHAPTER 10.—The table of sections for chapter 10 of title 18, United States Code, is amended by
p.(None): inserting the following item after the item for section 175b:
p.(None): ‘‘175c. Variola virus.’’.
p.(None):
p.(None): Subtitle K—Pretrial Detention of Terrorists
p.(None): SEC. 6951. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Pretrial Detention of Terror- ists Act of 2004’’.
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p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
p.(None): (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is
p.(None): to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform
p.(None): or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines
p.(None): by regu- lation that such exclusion would serve the public interest); but
p.(None): (B) does not include—
p.(None): (i) employees whose duties are primarily internal audit or credit functions;
p.(None): (ii) employees of electronic security system compa- nies acting as technicians or monitors; or
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
p.(None): of a participating State, fingerprints or other means of positive identification, as determined by the Attorney
p.(None): Gen- eral, of an employee of such employer for purposes of a criminal history record information search
p.(None): pursuant to this Act.
p.(None): (B) EMPLOYEE RIGHTS.—
p.(None): (i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the
p.(None): State identification bureau of the participating State the request to search the criminal history record
p.(None): information of the employee under this Act.
p.(None): (ii) ACCESS.—An authorized employer shall provide to the employee confidential access to any information relating to
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p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
p.(None): levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to
p.(None): establish a responsible and community-based police force;
p.(None): ‘‘(v) support to increase the transparency, account- ability, and participatory nature of governmental
p.(None): institutions, including programs designed to combat corruption and other programs for the promotion of good
p.(None): governance, such as the development of regula- tions relating to financial disclosure for public officials,
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
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Political / Illegal Activity
Searching for indicator crime:
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p.(None): (d) EFFECTIVE DATE.—Notwithstanding any other effective date established pursuant to this Act, subsection (a) shall
p.(None): become effec- tive on the date of enactment of this Act, and the amendments made by subsections (b) and
p.(None): (c) shall become effective at the end of the 12-month period beginning on the date of enactment of this
p.(None): Act, whether or not final regulations are issued in accordance with the amendments made by this section as of
p.(None): that date of enactment.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3755
p.(None):
p.(None): Subtitle E—Criminal History Background Checks
p.(None):
p.(None):
p.(None): SEC. 6401. PROTECT ACT.
p.(None): Public Law 108–21 is amended—
p.(None): (1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and inserting ‘‘a 30-month’’; and
p.(None): (2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and inserting ‘‘a 30-month’’.
p.(None): SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI- VATE SECURITY OFFICER EMPLOYMENT.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of
p.(None): 2004’’.
p.(None): (b) FINDINGS.—Congress finds that—
p.(None): (1) employment of private security officers in the United States is growing rapidly;
p.(None): (2) private security officers function as an adjunct to, but not a replacement for, public law
p.(None): enforcement by helping to reduce and prevent crime;
p.(None): (3) such private security officers protect individuals, prop- erty, and proprietary information, and
p.(None): provide protection to such diverse operations as banks, hospitals, research and development centers,
p.(None): manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power
p.(None): plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office
p.(None): complexes, schools, residential properties, apartment complexes, gated communities, and others;
p.(None): (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its
p.(None): public areas, and are supplemented by private security officers;
p.(None): (5) the threat of additional terrorist attacks requires cooperation between public and private
p.(None): sectors and demands professional, reliable, and responsible security officers for the protection of people,
p.(None): facilities, and institutions;
p.(None): (6) the trend in the Nation toward growth in such security services has accelerated rapidly;
p.(None): (7) such growth makes available more public sector law enforcement officers to combat serious and
p.(None): violent crimes, including terrorism;
p.(None): (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an
p.(None): adjunct to sworn law enforcement officers; and
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p.(None): employee for the cost associated with the background check;
p.(None): (8) which requirements should apply to the handling of incomplete records;
p.(None): (9) the circumstances under which the criminal history information should be disseminated to the employer;
p.(None): (10) the type of restrictions that should be prescribed for the handling of criminal history information
p.(None): by an employer;
p.(None): (11) the range of Federal and State fees that might apply to such background check requests;
p.(None): (12) any requirements that should be imposed concerning the time for responding to such background check
p.(None): requests;
p.(None): (13) any infrastructure that may need to be developed to support the processing of such checks, including—
p.(None): (A) the means by which information is collected and submitted in support of the checks; and
p.(None): (B) the system capacity needed to process such checks at the Federal and State level;
p.(None): (14) the role that States should play; and
p.(None): (15) any other factors that the Attorney General determines to be relevant to the subject of the report.
p.(None): (e) CONSULTATION.—In developing the report under this section, the Attorney General shall consult with
p.(None): representatives of State
p.(None): Procedures.
p.(None):
p.(None):
p.(None): 118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate
p.(None): representatives of private industry, and representatives of labor, as determined appropriate by the Attorney
p.(None): General.
p.(None): Subtitle F—Grand Jury Information Sharing
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC app.
p.(None): SEC. 6501. GRAND JURY INFORMATION SHARING.
p.(None): (a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of Criminal Procedure is amended—
p.(None): (1) in paragraph (3)—
p.(None): (A) in subparagraph (A)(ii), by striking ‘‘or state sub- division or of an Indian tribe’’ and inserting ‘‘,
p.(None): state subdivi- sion, Indian tribe, or foreign government’’;
p.(None): (B) in subparagraph (D)—
p.(None): (i) by inserting after the first sentence the fol- lowing: ‘‘An attorney for the government may also dis- close
p.(None): any grand jury matter involving, within the United States or elsewhere, a threat of attack or other grave
p.(None): hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or ter-
p.(None): rorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power
p.(None): or by its agent, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government
p.(None): official, for the purpose of preventing or responding to such threat or activities.’’; and
p.(None): (ii) in clause (i)—
p.(None): (I) by striking ‘‘federal’’; and
p.(None): (II) by adding at the end the following: ‘‘Any State, State subdivision, Indian tribal, or foreign
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p.(None): (b) CONTENT.—The report under subsection (a) shall include the following matters:
p.(None): (1) A discussion of the implementation of the pilot program, including the experience under the pilot program.
p.(None): (2) A recommendation regarding whether to expand the pilot program along the entire northern border of
p.(None): the United States and a timeline for the implementation of the expansion.
p.(None): SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
p.(None): There is authorized to be appropriated such sums as may be necessary to carry out the pilot program
p.(None): under this subtitle.
p.(None): Subtitle B—Border and Immigration Enforcement
p.(None): SEC. 5201. BORDER SURVEILLANCE.
p.(None): (a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall submit to the President and the appropriate committees of Congress a comprehensive plan for
p.(None): the systematic surveillance of the south- west border of the United States by remotely piloted aircraft.
p.(None): (b) CONTENTS.—The plan submitted under subsection (a) shall include—
p.(None): (1) recommendations for establishing command and control centers, operations sites, infrastructure,
p.(None): maintenance, and procurement;
p.(None): (2) cost estimates for the implementation of the plan and ongoing operations;
p.(None): (3) recommendations for the appropriate agent within the Department of Homeland Security to be the
p.(None): executive agency for remotely piloted aircraft operations;
p.(None): (4) the number of remotely piloted aircraft required for the plan;
p.(None): (5) the types of missions the plan would undertake, including—
p.(None): (A) protecting the lives of people seeking illegal entry into the United States;
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None):
p.(None):
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p.(None):
p.(None): 8 USC 1712 note.
p.(None):
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p.(None):
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p.(None): 8 USC 1712 note.
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1701 note. Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3734 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interdicting illegal movement of people, weapons, and other contraband across the border;
p.(None): (C) providing investigative support to assist in the dismantling of smuggling and criminal networks along the
p.(None): border;
p.(None): (D) using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers
p.(None): and criminal networks along the border; and
p.(None): (E) further validating and testing of remotely piloted aircraft for airspace security missions;
p.(None): (6) the equipment necessary to carry out the plan; and
p.(None): (7) a recommendation regarding whether to expand the pilot program along the entire southwest border.
p.(None): (c) IMPLEMENTATION.—The Secretary of Homeland Security shall implement the plan submitted under
p.(None): subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this
p.(None): purpose.
p.(None): (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary
p.(None): to carry out the provisions of this section.
p.(None): SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
p.(None):
p.(None): Effective date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None): In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the
p.(None): availability of appropria- tions for such purpose, increase by not less than 2,000 the number of positions for
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p.(None): prescribed in final form by the Secretary, in consultation with the Board of Governors of the Federal Reserve
p.(None): System, before the end of the 3-year period beginning on the date of enactment of the National Intelligence
p.(None): Reform Act of 2004. ‘‘(B) TECHNOLOGICAL FEASIBILITY.—No regulations
p.(None): shall be prescribed under this subsection before the Sec- retary certifies to the Congress that the
p.(None): Financial Crimes Enforcement Network has the technological systems in place to effectively and efficiently
p.(None): receive, keep, exploit, protect the security of, and disseminate information from reports of cross-border
p.(None): electronic transmittals of funds to law enforcement and other entities engaged in efforts against
p.(None): money laundering and terrorist financing.’’.
p.(None): SEC. 6303. TERRORISM FINANCING.
p.(None): (a) REPORT ON TERRORIST FINANCING.—
p.(None): (1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the President, acting
p.(None): through the Secretary of the Treasury, shall submit to Congress a report evaluating the current state of
p.(None): United States efforts to curtail the international financing of terrorism.
p.(None): (2) CONTENTS.—The report required by paragraph (1) shall evaluate and make recommendations on—
p.(None): (A) the effectiveness and efficiency of current United States governmental efforts and methods to detect,
p.(None): track, disrupt, and stop terrorist financing;
p.(None): (B) the relationship between terrorist financing and money laundering, including how the laundering of
p.(None): pro- ceeds related to illegal narcotics or foreign political corrup- tion may contribute to terrorism or
p.(None): terrorist financing;
p.(None): (C) the nature, effectiveness, and efficiency of current efforts to coordinate intelligence and agency
p.(None): operations within the United States Government to detect, track, dis- rupt, and stop terrorist financing,
p.(None): including identifying who, if anyone, has primary responsibility for developing priorities, assigning tasks
p.(None): to agencies, and monitoring the implementation of policy and operations;
p.(None): (D) the effectiveness and efficiency of efforts to protect the critical infrastructure of the United States
p.(None): financial system, and ways to improve the effectiveness of financial institutions;
p.(None): (E) ways to improve multilateral and international governmental cooperation on terrorist financing,
p.(None): including the adequacy of agency coordination within the United States related to participating in international
p.(None): cooperative efforts and implementing international treaties and com- pacts; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3751
p.(None):
p.(None):
p.(None): (F) ways to improve the setting of priorities and coordination of United States efforts to
p.(None): detect, track, dis- rupt, and stop terrorist financing, including recommenda- tions for changes in executive
p.(None): branch organization or proce- dures, legislative reforms, additional resources, or use of appropriated funds.
p.(None): (b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND THRIFT EXAMINERS.—Section 10 of the Federal
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p.(None): (C) in clause (iii), by inserting before the semicolon at the end the following: ‘‘, in particular,
p.(None): notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
p.(None): equipment, training (including training in internationally recognized standards of human rights, the rule of
p.(None): law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments,
p.(None): during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting
p.(None): units’’;
p.(None): (D) in clause (iv), by striking ‘‘and’’ at the end;
p.(None): (E) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (F) by adding after clause (v) the following:
p.(None): ‘‘(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.’’.
p.(None): (2) SENSE OF CONGRESS AND REPORT.—Title II of the Afghanistan Freedom Support Act of 2002 (22
p.(None): U.S.C. 7531 et seq.) is amended—
p.(None): (A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and
p.(None): (B) by inserting after section 206 the following:
p.(None): ‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER- DRUG EFFORTS IN AFGHANISTAN.
p.(None): ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the President should make the
p.(None): substantial reduction
p.(None): of illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism;
p.(None): ‘‘(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other
p.(None): appropriate Federal
p.(None):
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p.(None):
p.(None):
p.(None): 22 USC 7537,
p.(None): 7538.
p.(None):
p.(None): 22 USC 7536a.
p.(None):
p.(None):
p.(None): 118 STAT. 3788 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): agencies, should expand cooperation with the Government of Afghanistan and international organizations
p.(None): involved in counter-drug activities to assist in providing a secure environ- ment for counter-drug
p.(None): personnel in Afghanistan; and
p.(None): ‘‘(3) the United States, in conjunction with the Government of Afghanistan and coalition partners, should
p.(None): undertake addi- tional efforts to reduce illegal drug trafficking and related activities that provide
p.(None): financial support for terrorist organiza- tions in Afghanistan and neighboring countries.
p.(None): ‘‘(b) REPORT REQUIRED.—(1) The Secretary of Defense and the Secretary of State shall jointly prepare a
p.(None): report that describes— ‘‘(A) the progress made toward substantially reducing poppy cultivation and heroin
p.(None): production capabilities in Afghanistan;
p.(None): and
p.(None): ‘‘(B) the extent to which profits from illegal drug activity in Afghanistan are used to financially
p.(None): support terrorist organizations and groups seeking to undermine the Government of Afghanistan.
p.(None): ‘‘(2) The report required by this subsection shall be submitted to Congress not later than 120 days after the
p.(None): date of the enactment of the 9/11 Recommendations Implementation Act.’’.
p.(None): (3) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by
p.(None): striking the items relating to sections 207 and 208 and inserting the following:
p.(None):
p.(None): ‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghani- stan.
p.(None): ‘‘Sec. 208. Relationship to other authority. ‘‘Sec. 209. Authorization of appropriations.’’.
p.(None): (k) ADDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUP-
p.(None): PORT ACT OF 2002.—
p.(None): (1) EXTENSION OF REPORTS ON IMPLEMENTATION OF STRATEGY.—Section 206(c)(2) of the Afghanistan
p.(None): Freedom Sup- port Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A)
p.(None): by striking ‘‘2007’’ and inserting ‘‘2010’’.
p.(None): (2) TECHNICAL AMENDMENT.—Section 103(a)(7)(A)(xii) of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is
p.(None): amended by striking ‘‘National’’ and inserting ‘‘Afghan Independent’’.
p.(None): (l) REPEAL OF PROHIBITION ON ASSISTANCE.—Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C.
p.(None): 2374; relating to prohibition on assistance to Afghanistan) is repealed.
...
p.(None): through 2009 such sums as may be necessary to carry out this sub- section.
p.(None): SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAF- FICKING CENTER.
p.(None): (a) ESTABLISHMENT.—There is established a Human Smuggling and Trafficking Center (referred to in this section as the
p.(None): ‘‘Center’’).
p.(None): (b) OPERATION.—The Secretary of State, the Secretary of Home- land Security, and the Attorney General shall
p.(None): operate the Center in accordance with the Memorandum of Understanding entitled, ‘‘Human Smuggling and
p.(None): Trafficking Center (HSTC), Charter’’.
p.(None): (c) FUNCTIONS.—In addition to such other responsibilities as the President may assign, the Center shall—
p.(None): (1) serve as the focal point for interagency efforts to address terrorist travel;
p.(None): (2) serve as a clearinghouse with respect to all relevant information from all Federal Government
p.(None): agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist
p.(None): travel and facilitation of migrant smuggling and trafficking of persons;
p.(None): (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence
p.(None): agencies of the Fed- eral Government to improve effectiveness and to convert all information available to
p.(None): the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and
p.(None): trafficking of persons into tactical, operational, and stra- tegic intelligence that can be used to combat such
p.(None): illegal activi- ties; and
p.(None): (4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities
p.(None): in the United States and foreign travel system that may be exploited by international terrorists, human
p.(None): smugglers and traffickers, and their facilitators.
p.(None): (d) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the President shall transmit
p.(None): to Congress a report regarding the implementation of this section, including a description of the staffing and resource
p.(None): needs of the Center.
p.(None): (e) RELATIONSHIP TO THE NCTC.—As part of its mission to combat terrorist travel, the Center shall work to
p.(None): support the efforts of the National Counterterrorism Center.
p.(None): SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFI- CERS.
p.(None): (a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Sec- retary of State, in each of fiscal years 2006
p.(None): through 2009, may increase by 150 the number of positions for consular officers above the number of such
p.(None): positions for which funds were allotted for the preceding fiscal year.
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1777.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3814 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA SCREENING.—
...
p.(None): Nationality Act (8 U.S.C. 1187) are developing a program to issue to individuals seeking to enter that
p.(None): country pursuant to a visa issued by that country, a machine readable visa document that is
p.(None): tamper-resistant and incorporates biometric identification information that is verifiable at its port of
p.(None): entry.
p.(None): SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible
p.(None): is an essential investment in efforts to protect the United States by preventing the entry of
p.(None): terrorists.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1365b.
p.(None):
p.(None):
p.(None): 118 STAT. 3818 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) DEFINITION.—In this section, the term ‘‘entry and exit data system’’ means the entry and exit system
p.(None): required by applicable sections of—
p.(None): (1) the Illegal Immigration Reform and Immigrant Respon- sibility Act of 1996 (Public Law 104–208);
p.(None): (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law
p.(None): 106–205);
p.(None): (3) the Visa Waiver Permanent Program Act (Public Law 106–396);
p.(None): (4) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107–173); and
p.(None): (5) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
p.(None): Obstruct Ter- rorism (USA PATRIOT ACT) Act of 2001 (Public Law 107– 56).
p.(None): (c) PLAN AND REPORT.—
p.(None): (1) DEVELOPMENT OF PLAN.—The Secretary of Homeland Security shall develop a plan to accelerate the full
p.(None): implementa- tion of an automated biometric entry and exit data system.
p.(None): (2) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit
p.(None): a report to Congress on the plan developed under paragraph (1), which shall contain—
p.(None): (A) a description of the current functionality of the entry and exit data system, including—
p.(None): (i) a listing of ports of entry and other Department of Homeland Security and Department of State loca- tions
p.(None): with biometric entry data systems in use and whether such screening systems are located at primary or secondary
p.(None): inspection areas;
p.(None): (ii) a listing of ports of entry and other Department of Homeland Security and Department of State loca- tions
p.(None): with biometric exit data systems in use;
p.(None): (iii) a listing of databases and data systems with which the entry and exit data system are interoperable;
p.(None): (iv) a description of—
...
p.(None): grant funds made available under this paragraph.
p.(None): (2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS.—
p.(None): (A) IN GENERAL.—The Secretary of Health and Human Services, in coordination with the Commissioner of Social
p.(None): Security and other appropriate Federal agencies, shall award grants to States, under criteria
p.(None): established by the Secretary, to assist States in—
p.(None): (i) computerizing their birth and death records;
p.(None): (ii) developing the capability to match birth and death records within each State and among the States; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None):
p.(None): (iii) noting the fact of death on the birth certificates of deceased persons.
p.(None): (B) ALLOCATION OF GRANTS.—The Secretary shall award grants to qualifying States under this paragraph
p.(None): based on the proportion that the estimated annual average number of birth and death records created by a State
p.(None): applying for a grant bears to the estimated annual average number of birth and death records originated by all States.
p.(None): (C) MINIMUM ALLOCATION.—Notwithstanding subpara- graph (B), each State shall receive not less than 0.5 percent of the
p.(None): grant funds made available under this paragraph.
p.(None): (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for each of
p.(None): the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.
p.(None): (e) TECHNICAL AND CONFORMING AMENDMENT.—Section 656 of the Illegal Immigration Reform and Immigrant
p.(None): Responsibility Act of 1996 (5 U.S.C. 301 note) is repealed.
p.(None): SEC. 7212. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a motor vehicle operator’s license as defined in
p.(None): section 30301(5) of title 49, United States Code.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 30301
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3828 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) PERSONAL IDENTIFICATION CARD.—The term ‘‘personal identification card’’ means an identification
p.(None): document (as defined in section 1028(d)(3) of title 18, United States Code) issued by a State.
p.(None): (b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
p.(None): (1) IN GENERAL.—
p.(None): (A) LIMITATION ON ACCEPTANCE.—No Federal agency may accept, for any official purpose, a driver’s license
p.(None): or personal identification card newly issued by a State more than 2 years after the promulgation of the
p.(None): minimum stand- ards under paragraph (2) unless the driver’s license or personal identification card conforms
p.(None): to such minimum standards.
p.(None): (B) DATE FOR CONFORMANCE.—The Secretary of Transportation, in consultation with the Secretary of Home-
p.(None): land Security, shall establish a date after which no driver’s license or personal identification card shall be
...
p.(None):
p.(None):
p.(None):
p.(None): Establishment. President.
p.(None): Congress.
p.(None):
p.(None):
p.(None): 118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(2) LIAISONS.—The Secretary shall designate senior employees from each appropriate subdivision of the
p.(None): Department that has significant counternarcotics responsibilities to act as a liaison between that
p.(None): subdivision and the Office of Counter- narcotics Enforcement.
p.(None): ‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—Except as pro-
p.(None): vided in subsection (d), the Director of the Office of Counternarcotics Enforcement shall not be employed by,
p.(None): assigned to, or serve as the head of, any other branch of the Federal Government, any State or local
p.(None): government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
p.(None): ‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
p.(None): COORDINATOR.—The Director of the Office of Counternarcotics Enforcement may be appointed as the
p.(None): United States Interdiction Coordinator by the Director of the Office of National Drug Control Policy, and shall be
p.(None): the only person at the Department eligible to be so appointed.
p.(None): ‘‘(e) RESPONSIBILITIES.—The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
p.(None): ‘‘(1) to coordinate policy and operations within the Depart- ment, between the Department and other Federal departments
p.(None): and agencies, and between the Department and State and local agencies with respect to stopping the entry
p.(None): of illegal drugs into the United States;
p.(None): ‘‘(2) to ensure the adequacy of resources within the Depart- ment for stopping the entry of illegal drugs into
p.(None): the United States;
p.(None): ‘‘(3) to recommend the appropriate financial and personnel resources necessary to help the Department better
p.(None): fulfill its responsibility to stop the entry of illegal drugs into the United States;
p.(None): ‘‘(4) within the Joint Terrorism Task Force construct to track and sever connections between illegal drug
p.(None): trafficking and terrorism; and
p.(None): ‘‘(5) to be a representative of the Department on all task forces, committees, or other entities whose
p.(None): purpose is to coordi- nate the counternarcotics enforcement activities of the Depart- ment and other Federal, State or
p.(None): local agencies.
p.(None): ‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall be con- strued to authorize direct control of the
p.(None): operations conducted by the Directorate of Border and Transportation Security, the Coast Guard, or joint
p.(None): terrorism task forces.
p.(None): ‘‘(g) REPORTS TO CONGRESS.—
p.(None): ‘‘(1) ANNUAL BUDGET REVIEW.—The Director of the Office of Counternarcotics Enforcement shall, not
p.(None): later than 30 days after the submission by the President to Congress of any request for expenditures for
p.(None): the Department, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the
p.(None): House of Representatives and the Senate a review and evaluation of such request. The review and evalua- tion shall—
p.(None): ‘‘(A) identify any request or subpart of any request that affects or may affect the counternarcotics
p.(None): activities of the Department or any of its subdivisions, or that affects the ability of the Department or any
p.(None): subdivision of the Department to meet its responsibility to stop the entry of illegal drugs into the United
p.(None): States;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3853
p.(None):
p.(None):
p.(None): ‘‘(B) describe with particularity how such requested funds would be or could be expended in furtherance
p.(None): of counternarcotics activities; and
p.(None): ‘‘(C) compare such requests with requests for expendi- tures and amounts appropriated by Congress in the pre-
p.(None): vious fiscal year.
p.(None): ‘‘(2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES.—The
p.(None): Director of the Office of Counternarcotics Enforcement shall, not later than February 1 of each year, submit to
p.(None): the Commit- tees on Appropriations and the authorizing committees of juris- diction of the House of Representatives and
p.(None): the Senate a review and evaluation of the counternarcotics activities of the Depart- ment for the previous fiscal
p.(None): year. The review and evaluation shall—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): ‘‘(A) describe the counternarcotics activities of the Department and each subdivision of the
p.(None): Department (whether individually or in cooperation with other subdivi- sions of the Department, or in cooperation
p.(None): with other branches of the Federal Government or with State or local agencies), including the methods, procedures,
p.(None): and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information
p.(None): concerning nar- cotics activity within the Department and between the Department and other Federal, State,
p.(None): and local agencies; ‘‘(B) describe the results of those activities, using quan-
p.(None): tifiable data whenever possible;
p.(None): ‘‘(C) state whether those activities were sufficient to meet the responsibility of the Department to stop the
p.(None): entry of illegal drugs into the United States, including a descrip- tion of the performance measures of effectiveness
p.(None): that were used in making that determination; and
p.(None): ‘‘(D) recommend, where appropriate, changes to those activities to improve the performance of the
p.(None): Department in meeting its responsibility to stop the entry of illegal drugs into the United States.
p.(None): ‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA-
p.(None): TION.—Any content of a review and evaluation described in the reports required in this subsection that involves
p.(None): information classified under criteria established by an Executive order, or whose public disclosure, as
p.(None): determined by the Secretary, would be detrimental to the law enforcement or national secu- rity activities of the
p.(None): Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest
p.(None): of the review and evaluation.’’.
p.(None): (b) CONFORMING AMENDMENTS.—Section 103(a) of the Home- land Security Act of 2002 (6 U.S.C. 113(a)) is amended—
p.(None): (1) by redesignating paragraphs (8) and (9) as paragraphs
p.(None): (9) and (10), respectively; and
p.(None): (2) by inserting after paragraph (7) the following:
p.(None): ‘‘(8) A Director of the Office of Counternarcotics Enforce- ment.’’.
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appro- priated for the Department of Homeland Security for
p.(None): Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out
p.(None): section 878 of the Department of Homeland Security Act of 2002.
p.(None):
p.(None):
p.(None): 118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 413.
p.(None): SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): (a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.)
...
Searching for indicator unlawful:
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p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
p.(None): (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes
p.(None): fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention,
p.(None): meaning that it is believed to pose the greatest potential threat for adverse public health impact and has
p.(None): a moderate to high potential for large-scale dissemination. The last case of smallpox in the United
p.(None): States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox
p.(None): has been officially eradicated after a successful worldwide vaccination program, there remain two official
p.(None): repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal
p.(None): to terrorists.
p.(None): (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola
p.(None): virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign
p.(None): policy, economy, and environment of the United States. Accordingly, the United States has a compel- ling national
p.(None): security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including
p.(None): their unauthorized production, construction, acquisition, transfer, possession, import, or export. All
p.(None): of these activities markedly increase the chances that such items will be obtained by terrorist organizations or
p.(None): rogue states, which could use them to attack the United States, its allies, or United States nationals or
p.(None): corporations.
p.(None): (5) There is no legitimate reason for a private individual or company, absent explicit government
p.(None): authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use
p.(None): MANPADS, atomic or radiological weapons, or the variola virus.
p.(None): (b) PURPOSE.—The purpose of this subtitle is to combat the potential use of weapons that have the ability to
p.(None): cause widespread harm to United States persons and the United States economy
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Prevention of Terrorist Access to Destructive Weapons Act of 2004.
p.(None): 18 USC 1 note.
p.(None):
p.(None):
p.(None): 18 USC 175c
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3770 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of
p.(None): the United States.
p.(None): SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following:
p.(None): ‘‘§ 2332g. Missile systems designed to destroy aircraft
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the
p.(None): rocket or missile to—
p.(None): ‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an
p.(None): aircraft; or
p.(None): ‘‘(ii) otherwise direct or guide the rocket or missile to an aircraft;
p.(None): ‘‘(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
p.(None): ‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a
p.(None): rocket, missile, or device described in subparagraph (A) or (B). ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not
p.(None): apply to any
p.(None): device that is neither designed nor redesigned for use as a weapon.
p.(None): ‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof or of
p.(None): a State or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof or with a State or any department or agency thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
...
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(4) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.’’.
p.(None): (b) VIOLATIONS.—Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by—
p.(None): (1) inserting at the beginning ‘‘a.’’ before ‘‘Whoever’’;
p.(None): (2) striking ‘‘, 92,’’; and
p.(None): (3) inserting at the end the following:
p.(None): ‘‘b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than
p.(None): $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person
p.(None): who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and
p.(None): threatens to use, any atomic weapon shall be fined not more than $2,000,000
p.(None):
p.(None):
p.(None): 118 STAT. 3772 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from
p.(None): a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by
p.(None): imprisonment for life.’’.
p.(None): SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following:
p.(None): ‘‘§ 2332h. Radiological dispersal devices
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to
p.(None): human life; or
p.(None): ‘‘(B) any device or other object that is capable of and designed or intended to endanger human life
p.(None): through the release of radiation or radioactivity.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3773
p.(None):
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.’’.
p.(None): SEC. 6906. VARIOLA VIRUS.
p.(None): Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
p.(None): ‘‘§ 175c. Variola virus
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, engi- neer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or
p.(None): use, or possess and threaten to use, variola virus.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply to conduct by, or under the authority of, the Secretary of
p.(None): Health and Human Services.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
...
p.(None): (a) ESTABLISHMENT.—There is established, within the Bureau of Diplomatic Security of the Department of
p.(None): State, the Visa and Passport Security Program (in this section referred to as the ‘‘Pro- gram’’).
p.(None): (b) PREPARATION OF STRATEGIC PLAN.—
p.(None): (1) IN GENERAL.—The Assistant Secretary for Diplomatic Security, in coordination with the appropriate
p.(None): officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the
p.(None): National Counterterrorism Center, and the Department of Homeland Security, and consistent with the
p.(None): strategy mandated by section 7201, shall ensure the preparation of a strategic plan to target and disrupt
p.(None): individuals and organizations, within the United States and in foreign countries, that are involved in the
p.(None): fraudulent production, dis- tribution, use, or other similar activity—
p.(None): (A) of a United States visa or United States passport;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 4807.
p.(None):
p.(None):
p.(None): 118 STAT. 3834 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) of documents intended to help fraudulently procure a United States visa or United States passport, or
p.(None): other documents intended to gain unlawful entry into the United States; or
p.(None): (C) of passports and visas issued by foreign countries intended to gain unlawful entry into the United
p.(None): States.
p.(None): (2) EMPHASIS.—The strategic plan shall—
p.(None): (A) focus particular emphasis on individuals and organizations that may have links to domestic
p.(None): terrorist organizations or foreign terrorist organizations (as such term is defined in section 219 of the
p.(None): Immigration and Nationality Act (8 U.S.C. 1189));
p.(None): (B) require the development of a strategic training course under the Antiterrorism Assistance Training (ATA)
p.(None): program of the Department of State (or any successor or related program) under chapter 8 of part II of the
p.(None): Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train
p.(None): participants in the identification of fraudulent documents and the forensic detection of such documents
p.(None): which may be used to obtain unlawful entry into the United States; and
p.(None): (C) determine the benefits and costs of providing tech- nical assistance to foreign governments to ensure the secu-
p.(None): rity of passports, visas, and related documents and to inves- tigate, arrest, and prosecute individuals who
p.(None): facilitate travel by the creation of false passports and visas, docu- ments to obtain such passports and
p.(None): visas, and other types of travel documents.
p.(None): (c) PROGRAM.—
p.(None): (1) INDIVIDUAL IN CHARGE.—
p.(None): (A) DESIGNATION.—The Assistant Secretary for Diplo- matic Security shall designate an individual to be in charge
p.(None): of the Program.
p.(None): (B) QUALIFICATION.—The individual designated under subparagraph (A) shall have expertise and experience in
p.(None): the investigation and prosecution of visa and passport fraud.
p.(None): (2) PROGRAM COMPONENTS.—The Program shall include the following:
p.(None): (A) ANALYSIS OF METHODS.—Analyze, in coordination with other appropriate government agencies, methods used by
p.(None): terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter
p.(None): foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of
p.(None): Homeland Security on recommended changes to the visa issuance process that could combat such methods,
p.(None): including the introduction of new technologies into such process.
p.(None): (B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.— Identify, in cooperation with the Human Trafficking and
p.(None): Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used
...
Political / Indigenous
Searching for indicator indigenous:
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p.(None): (A) A description of specific goals related to winning this struggle of ideas.
p.(None): (B) A description of the range of tools available to the United States Government to accomplish such
p.(None): goals and the manner in which such tools will be employed.
p.(None): (C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of such
p.(None): goals.
p.(None): (D) A description of any additional resources that may be necessary to help win this struggle of ideas.
p.(None): (E) Any recommendations for the creation of, and United States participation in, international
p.(None): institutions for the promotion of democracy and economic diversification in the Islamic world, and intraregional trade
p.(None): in the Middle East.
p.(None): (F) An estimate of the level of United States financial assistance that would be sufficient to convince
p.(None): United States allies and people in the Islamic world that engaging in the struggle of ideas in the Islamic
p.(None): world is a top priority of the United States and that the United States intends to make a substantial
p.(None): and sustained commitment toward winning this struggle.
p.(None): (5) OUTREACH THROUGH BROADCAST MEDIA.—A description of a cohesive, long-term strategy of the United States to
p.(None): expand its outreach to foreign Muslim audiences through broadcast media, including the following:
p.(None): (A) The initiatives of the Broadcasting Board of Gov- ernors with respect to outreach to
p.(None): foreign Muslim audiences.
p.(None): (B) An outline of recommended actions that the United States Government should take to more regularly and
p.(None): comprehensively present a United States point of view through indigenous broadcast media in countries
p.(None): with predominantly Muslim populations, including increasing appearances by United States Government
p.(None): officials, experts, and citizens.
p.(None): (C) An assessment of the major themes of biased or false media coverage of the United States in foreign coun-
p.(None): tries and the actions taken to address this type of media coverage.
p.(None): (D) An assessment of potential incentives for, and costs associated with, encouraging United States broadcasters
p.(None): to dub or subtitle into Arabic and other relevant languages their news and public affairs programs broadcast in
p.(None): the
p.(None):
p.(None):
p.(None): 118 STAT. 3806 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Muslim world in order to present those programs to a much broader Muslim audience than is currently reached.
p.(None): (E) Any recommendations the President may have for additional funding and legislation necessary to achieve the
p.(None): objectives of the strategy.
p.(None): (6) VISAS FOR PARTICIPANTS IN UNITED STATES PROGRAMS.— A description of—
p.(None): (A) any recommendations for expediting the issuance of visas to individuals who are entering the United States
p.(None): for the purpose of participating in a scholarship, exchange, or visitor program described in section 7111(b)
p.(None): without compromising the security of the United States; and
p.(None): (B) a proposed schedule for implementing any rec- ommendations described in subparagraph (A).
p.(None): (7) BASIC EDUCATION IN MUSLIM COUNTRIES.—A description of a strategy, that was developed after consultation
...
Searching for indicator native:
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p.(None): ‘‘(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other
p.(None): than intel- ligence operations).’’.
p.(None): ‘‘(d) PRIMARY MISSIONS.—The primary missions of the National Counterterrorism Center shall be as follows:
p.(None): ‘‘(1) To serve as the primary organization in the United States Government for analyzing and integrating
p.(None): all intel- ligence possessed or acquired by the United States Government pertaining to terrorism and
p.(None): counterterrorism, excepting intel- ligence pertaining exclusively to domestic terrorists and domestic
p.(None): counterterrorism.
p.(None): ‘‘(2) To conduct strategic operational planning for counterterrorism activities, integrating
p.(None): all instruments of national power, including diplomatic, financial, military, intel- ligence, homeland
p.(None): security, and law enforcement activities within and among agencies.
p.(None): ‘‘(3) To assign roles and responsibilities as part of its stra- tegic operational planning duties to lead Departments
p.(None): or agen- cies, as appropriate, for counterterrorism activities that are consistent with applicable
p.(None): law and that support counterterrorism strategic operational plans, but shall not direct the
p.(None): execution of any resulting operations.
p.(None): ‘‘(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support
p.(None): needed to execute their counterterrorism plans or perform independent, alter- native analysis.
p.(None): ‘‘(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned
p.(None): activities.
p.(None): ‘‘(6) To serve as the central and shared knowledge bank on known and suspected terrorists and
p.(None): international terror groups, as well as their goals, strategies, capabilities, and net- works of contacts and support.
p.(None): ‘‘(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—(1) The
p.(None): Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in
p.(None): section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal,
p.(None): State, or local government or other source nec- essary to fulfill its responsibilities and retain and
p.(None): disseminate such intelligence.
p.(None): ‘‘(2) Any agency authorized to conduct counterterrorism activi- ties may request information from the Center to
p.(None): assist it in its
p.(None):
p.(None):
p.(None): 118 STAT. 3674 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
p.(None): ‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The
p.(None): Director of the National Counterterrorism Center shall—
p.(None): ‘‘(A) serve as the principal adviser to the Director of National Intelligence on intelligence
p.(None): operations relating to counterterrorism;
p.(None): ‘‘(B) provide strategic operational plans for the civilian and military counterterrorism efforts of
...
Political / Prosecuted
Searching for indicator prosecuted:
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p.(None): Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United
p.(None): States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
p.(None): ‘‘(B) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(C) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(D) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(E) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(F) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).’’.
p.(None): ‘‘(2) EXTRATERRITORIAL JURISDICTION.—There’’.
p.(None): (e) DEFINITION.—Section 2339B(g)(4) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(4) the term ‘material support or resources’ has the same meaning given that term in section 2339A (including the
p.(None): defini- tions of ‘training’ and ‘expert advice or assistance’ in that section);’’.
p.(None): (f) ADDITIONAL PROVISIONS.—Section 2339B of title 18, United States Code, is amended by adding at the end the
p.(None): following:
p.(None): ‘‘(h) PROVISION OF PERSONNEL.—No person may be prosecuted under this section in connection with the term
p.(None): ‘personnel’ unless that person has knowingly provided, attempted to provide, or con- spired to provide a
p.(None): foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under
p.(None): that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the
p.(None): operation of that organization. Individuals who act entirely independently of the foreign terrorist
p.(None): organization to advance its goals or objectives shall not be consid- ered to be working under the foreign
p.(None): terrorist organization’s direc- tion and control.
p.(None): ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or applied so as to abridge
p.(None): the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
p.(None):
p.(None):
p.(None): 118 STAT. 3764 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(j) EXCEPTION.—No person may be prosecuted under this sec- tion in connection with the term
p.(None): ‘personnel’, ‘training’, or ‘expert advice or assistance’ if the provision of that material support or
p.(None): resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence
p.(None): of the Attorney General. The Secretary of State may not approve the provision of any mate- rial support that may
p.(None): be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and
p.(None): Nation- ality Act).’’.
p.(None):
p.(None): 18 USC 2332b
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC 2339C.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC 2339C.
p.(None): (g) SUNSET PROVISION.—
p.(None): (1) IN GENERAL.—Except as provided in paragraph (2), this section and the amendments made by this section shall
p.(None): cease to be effective on December 31, 2006.
p.(None): (2) EXCEPTION.—This section and the amendments made by this section shall continue in effect with respect
p.(None): to any particular offense that—
p.(None): (A) is prohibited by this section or amendments made by this section; and
p.(None): (B) began or occurred before December 31, 2006.
p.(None): SEC. 6604. FINANCING OF TERRORISM.
p.(None): (a) FINANCING TERRORISM.—Section 2339c(c)(2) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or resources, or any funds or proceeds of such
p.(None): funds’’;
...
Political / Refugee Status
Searching for indicator asylum:
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p.(None): Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage con- tainers.
p.(None): Sec. 4052. Air cargo security.
p.(None): Sec. 4053. Air cargo security regulations.
p.(None): Sec. 4054. Report on international air cargo threats.
p.(None): Subtitle D—Maritime Security Sec. 4071. Watch lists for passengers aboard vessels.
p.(None): Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
p.(None): Subtitle E—General Provisions
p.(None): Sec. 4081. Definitions. Sec. 4082. Effective date.
p.(None): TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
p.(None): Subtitle A—Advanced Technology Northern Border Security Pilot Program Sec. 5101. Establishment.
p.(None): Sec. 5102. Program requirements. Sec. 5103. Administrative provisions. Sec. 5104. Report.
p.(None): Sec. 5105. Authorization of appropriations.
p.(None): Subtitle B—Border and Immigration Enforcement Sec. 5201. Border surveillance.
p.(None): Sec. 5202. Increase in full-time Border Patrol agents.
p.(None): Sec. 5203. Increase in full-time immigration and customs enforcement investiga- tors.
p.(None): Sec. 5204. Increase in detention bed space.
p.(None): Subtitle C—Visa Requirements Sec. 5301. In person interviews of visa applicants.
p.(None): Sec. 5302. Visa application requirements. Sec. 5303. Effective date.
p.(None): Sec. 5304. Revocation of visas and other travel documentation.
p.(None): Subtitle D—Immigration Reform Sec. 5401. Bringing in and harboring certain aliens.
p.(None): Sec. 5402. Deportation of aliens who have received military-type training from ter- rorist organizations.
p.(None): Sec. 5403. Study and report on terrorists in the asylum system.
p.(None): Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
p.(None): Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial
p.(None): killings abroad.
p.(None): Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly
p.(None): severe violations of religious freedom.
p.(None): Sec. 5503. Waiver of inadmissibility.
p.(None): Sec. 5504. Bar to good moral character for aliens who have committed acts of tor- ture, extrajudicial
p.(None): killings, or severe violations of religious freedom.
p.(None): Sec. 5505. Establishment of the Office of Special Investigations. Sec. 5506. Report on implementation.
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers Sec. 6001. Individual terrorists as agents of foreign
p.(None): powers.
p.(None): Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel- ligence Surveillance Act of
p.(None): 1978.
p.(None): Subtitle B—Money Laundering and Terrorist Financing Sec. 6101. Additional authorization for finCEN.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641
p.(None):
p.(None): Sec. 6102. Money laundering and financial crimes strategy reauthorization. Subtitle C—Money Laundering Abatement and
p.(None): Financial Antiterrorism Technical
p.(None): Corrections
p.(None): Sec. 6201. Short title.
p.(None): Sec. 6202. Technical corrections to Public Law 107–56. Sec. 6203. Technical corrections to other provisions of law.
p.(None): Sec. 6204. Repeal of review.
p.(None): Sec. 6205. Effective date.
...
p.(None): and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate
p.(None): the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation
p.(None): of this section.’’.
p.(None): SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY- TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
p.(None): Section 237(a)(4) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(4)) is amended by adding at the end the following: ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.—
p.(None): ‘‘(i) IN GENERAL.—Any alien who has received mili- tary-type training from or on behalf of any organization that, at
p.(None): the time the training was received, was a terrorist organization (as defined in subclause (I) or
p.(None): (II) of section 212(a)(3)(B)(vi)), is deportable.
p.(None): ‘‘(ii) DEFINITION.—As used in this subparagraph, the term ‘military-type training’ includes training in
p.(None): means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt
p.(None): services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive,
p.(None): firearm, or other weapon, including any weapon of mass destruction (as defined in section 2332a(c)(2) of
p.(None): title 18, United States Code).’’.
p.(None): SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
p.(None): (a) STUDY.—Commencing not later than 30 days after the date of the enactment of this Act, the Comptroller General of
p.(None): the United States shall conduct a study to evaluate the extent to which weak- nesses in the United States asylum
p.(None): system and withholding of removal system have been or could be exploited by aliens connected to, charged in
p.(None): connection with, or tied to terrorist activity.
p.(None): (b) ELEMENTS.—The study under subsection (a) shall address, but not be limited to, the following:
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3738 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have applied for, been granted, or
p.(None): been denied asylum.
p.(None): (2) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have applied for, been granted, or
p.(None): been denied release from detention.
p.(None): (3) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have been denied asylum but who remain at large
p.(None): in the United States.
p.(None): (4) The effect of the confidentiality provisions of section
p.(None): 208.6 of title 8, Code of Federal Regulations, on the ability of the United States Government to
p.(None): establish that an alien is connected to or tied to terrorist activity, such that the alien is barred from asylum or
p.(None): withholding of removal, is removable from the United States, or both.
p.(None): (5) The effect that precedential decisions, if any, holding that the extrajudicial punishment of an
p.(None): individual connected to terrorism, or guerrilla or militant activity abroad, or threats of such punishment, constitute
p.(None): persecution on account of polit- ical opinion as defined in section 101(a)(42) of the Immigration and Nationality Act
p.(None): (8 U.S.C. 1101(a)(42)), have had on the ability of the United States Government to remove aliens whom the
p.(None): United States Government believes are connected to or have ties to terrorism.
p.(None): (6) The extent to which court precedents have affected the ability of the United States Government to
p.(None): determine or prove that an alien the United States Government believes to be connected to or tied to
p.(None): terrorism is in fact so connected or tied, including—
p.(None): (A) so-called ‘‘imputed political opinion’’;
p.(None): (B) judicial review, reversal, or both of the credibility determinations of immigration judges; and
p.(None): (C) the need to use classified information in removal proceedings against aliens suspected of connections or
p.(None): ties to terrorism.
p.(None): (7) The likelihood that an alien connected to or with ties to terrorism has been granted asylum
p.(None): or withholding of removal.
p.(None): (8) The likelihood that an alien connected to or with ties to terrorism has used the United States
p.(None): asylum system to enter or remain in the United States in order to plan, conspire, or carry out, or attempt to
p.(None): plan, conspire, or carry out, an act of terrorism.
p.(None): (c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of conducting the study under subsection (a), the
p.(None): Comptroller General shall consider the possibility, and assess the likelihood, that an alien whom the United
p.(None): States Government accuses or has accused of having a connection to or ties to terrorism is in fact
p.(None): connected to or tied to terrorism, notwithstanding any administrative or judicial determination to the
p.(None): contrary.
p.(None): (d) SCOPE.—In conducting the study under subsection (a), the Comptroller General shall seek information
p.(None): from the Department of Homeland Security, the Federal Bureau of Investigation, the Central Intelligence
p.(None): Agency, the Department of Justice, foreign
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3739
p.(None):
p.(None): governments, experts in the field of alien terrorists, and any other appropriate source.
p.(None): (e) PRIVACY.—
p.(None): (1) IN GENERAL.—Notwithstanding section 208.6 of title 8, Code of Federal Regulations, the Comptroller General
p.(None): shall, for purposes of the study under subsection (a), have access to the applications and administrative
p.(None): and judicial records of alien applicants for asylum and withholding of removal. Except for purposes of preparing the
p.(None): reports under subsection (f), such information shall not be further disclosed or disseminated, nor shall the names
p.(None): or personal identifying information of any applicant be released.
p.(None): (2) SECURITY OF RECORDS.—The Comptroller General shall ensure that records received pursuant to this section are appro-
p.(None): priately secured to prevent their inadvertent disclosure.
p.(None): (f) REPORT TO CONGRESS.—
p.(None): (1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Comptroller
p.(None): General shall submit to the appropriate committees of Congress and the Secretary of Homeland Security a
p.(None): report on the findings and recommendations of the Comptroller General under the study under subsection (a).
p.(None): (2) ELEMENTS.—The report under paragraph (1) shall include the following:
p.(None): (A) The assessment of the Comptroller General on each matter specified in subsection (b).
p.(None): (B) Any recommendations of the Comptroller General for such administrative action on any matter specified
p.(None): in subsection (a) as the Comptroller General considers nec- essary to better protect the national security of
p.(None): the United States.
p.(None): (C) Any recommendations of the Comptroller General for such legislative action on any matter specified in
p.(None): sub- section (a) as the Comptroller General considers necessary to better protect the national security of the United
p.(None): States.
p.(None): (3) FORM.—If necessary, the Comptroller General may submit a classified and unclassified version of the
p.(None): report under paragraph (1).
...
Political / criminal
Searching for indicator criminal:
(return to top)
p.(None): severe violations of religious freedom.
p.(None): Sec. 5503. Waiver of inadmissibility.
p.(None): Sec. 5504. Bar to good moral character for aliens who have committed acts of tor- ture, extrajudicial
p.(None): killings, or severe violations of religious freedom.
p.(None): Sec. 5505. Establishment of the Office of Special Investigations. Sec. 5506. Report on implementation.
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers Sec. 6001. Individual terrorists as agents of foreign
p.(None): powers.
p.(None): Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel- ligence Surveillance Act of
p.(None): 1978.
p.(None): Subtitle B—Money Laundering and Terrorist Financing Sec. 6101. Additional authorization for finCEN.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641
p.(None):
p.(None): Sec. 6102. Money laundering and financial crimes strategy reauthorization. Subtitle C—Money Laundering Abatement and
p.(None): Financial Antiterrorism Technical
p.(None): Corrections
p.(None): Sec. 6201. Short title.
p.(None): Sec. 6202. Technical corrections to Public Law 107–56. Sec. 6203. Technical corrections to other provisions of law.
p.(None): Sec. 6204. Repeal of review.
p.(None): Sec. 6205. Effective date.
p.(None): Subtitle D—Additional Enforcement Tools
p.(None): Sec. 6301. Bureau of Engraving and Printing security printing. Sec. 6302. Reporting of certain cross-border
p.(None): transmittal of funds. Sec. 6303. Terrorism financing.
p.(None): Subtitle E—Criminal History Background Checks Sec. 6401. Protect Act.
p.(None): Sec. 6402. Reviews of criminal records of applicants for private security officer em- ployment.
p.(None): Sec. 6403. Criminal history background checks.
p.(None): Subtitle F—Grand Jury Information Sharing Sec. 6501. Grand jury information sharing.
p.(None): Subtitle G—Providing Material Support to Terrorism Sec. 6601. Short title.
p.(None): Sec. 6602. Receiving military-type training from a foreign terrorist organization.
p.(None): Sec. 6603. Additions to offense of providing material support to terrorism. Sec. 6604. Financing of terrorism.
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004 Sec. 6701. Short title.
p.(None): Sec. 6702. Hoaxes and recovery costs.
p.(None): Sec. 6703. Obstruction of justice and false statements in terrorism cases. Sec. 6704. Clarification of definition.
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004 Sec. 6801. Short title.
p.(None): Sec. 6802. Weapons of mass destruction.
p.(None): Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 Sec. 6901. Short title.
p.(None): Sec. 6902. Findings and purpose.
p.(None): Sec. 6903. Missile systems designed to destroy aircraft. Sec. 6904. Atomic weapons.
p.(None): Sec. 6905. Radiological dispersal devices. Sec. 6906. Variola virus.
p.(None): Sec. 6907. Interception of communications.
p.(None): Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. Sec. 6909. Amendments to section
p.(None): 1956(c)(7)(d) of title 18, United States Code. Sec. 6910. Export licensing process.
p.(None): Sec. 6911. Clerical amendments.
p.(None): Subtitle K—Pretrial Detention of Terrorists Sec. 6951. Short title.
...
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The National Commission on Terrorist Attacks Upon the United States in its final report stated that, under
p.(None): Director Robert Mueller, the Federal Bureau of Investigation has made significant progress in improving its
p.(None): intelligence capabilities.
p.(None): (2) In the report, the members of the Commission also urged that the Federal Bureau of Investigation
p.(None): fully institu- tionalize the shift of the Bureau to a preventive counterterrorism
p.(None): posture.
p.(None): (b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES.—The Director of the Federal Bureau of Investigation
p.(None): shall continue efforts to improve the intelligence capabilities of the Federal Bureau of Investigation and
p.(None): to develop and maintain within the Bureau a national intelligence workforce.
p.(None): (c) NATIONAL INTELLIGENCE WORKFORCE.—(1) In developing and maintaining a national intelligence workforce under
p.(None): subsection (b), the Director of the Federal Bureau of Investigation shall, develop and maintain a
p.(None): specialized and integrated national intel- ligence workforce consisting of agents, analysts, linguists,
p.(None): and surveillance specialists who are recruited, trained, and rewarded in a manner which ensures the existence
p.(None): within the Federal Bureau of Investigation an institutional culture with substantial expertise in, and
p.(None): commitment to, the intelligence mission of the Bureau.
p.(None): (2) Each agent employed by the Bureau after the date of the enactment of this Act shall receive basic
p.(None): training in both criminal justice matters and national intelligence matters.
p.(None): (3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the
p.(None): maximum extent practicable,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3701
p.(None):
p.(None): be given the opportunity to undergo, during such agent’s early service with the Bureau, meaningful assignments
p.(None): in criminal justice matters and in national intelligence matters.
p.(None): (4) The Director shall—
p.(None): (A) establish career positions in national intelligence mat- ters for agents, analysts, and related personnel of
p.(None): the Bureau; and
p.(None): (B) in furtherance of the requirement under subparagraph
p.(None): (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau
p.(None): the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their
p.(None): entire career with the Bureau.
p.(None): (5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain
p.(None): individuals with back- grounds in intelligence, international relations, language, tech- nology, and
p.(None): other skills relevant to the intelligence mission of the Bureau.
p.(None): (6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and
p.(None): career opportunities commensurate with the training and career opportunities afforded analysts in other elements
p.(None): of the intelligence community.
p.(None): (7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of
p.(None): a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in
p.(None): Charge (ASAC) level and above, shall be a certified intelligence officer.
p.(None): (8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of
...
p.(None): (d) FIELD OFFICE MATTERS.—(1) In improving the intelligence capabilities of the Federal Bureau of Investigation
p.(None): under subsection (b), the Director of the Federal Bureau of Investigation shall ensure that each Field Intelligence
p.(None): Group reports directly to a field office senior manager responsible for intelligence matters.
p.(None): (2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is
p.(None): necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.
p.(None): (3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents,
p.(None): linguists, and surveillance personnel in the field.
p.(None): (e) DISCHARGE OF IMPROVEMENTS.—(1) The Director of the Fed- eral Bureau of Investigation shall carry out
p.(None): subsections (b) through
p.(None): (d) through the head of the Directorate of Intelligence of the Federal Bureau of Investigation.
p.(None): (2) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d)
p.(None): under the joint guidance of the Attorney General and the National Intelligence Director in a manner
p.(None): consistent with section 112(e).
p.(None): (f) BUDGET MATTERS.—The Director of the Federal Bureau of Investigation shall, establish a budget
p.(None): structure of the Federal Bureau of Investigation to reflect the four principal missions of the Bureau as
p.(None): follows:
p.(None): (1) Intelligence.
p.(None): (2) Counterterrorism and counterintelligence.
p.(None):
p.(None):
p.(None): 118 STAT. 3702 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): (3) Criminal Enterprises/Federal Crimes.
p.(None): (4) Criminal justice services.
p.(None): (g) REPORTS.—(1) Not later than 180 days after the date of the enactment of this Act, the Director of
p.(None): the Federal Bureau of Investigation shall submit to Congress a report on the progress made as of the date
p.(None): of such report in carrying out the requirements of this section.
p.(None): (2) The Director shall include in each annual program review of the Federal Bureau of Investigation that is
p.(None): submitted to Congress a report on the progress made by each field office of the Bureau during the period
p.(None): covered by such review in addressing Bureau and national program priorities.
p.(None): (3) Not later than 180 days after the date of the enactment of this Act, and every 12 months
p.(None): thereafter, the Director shall submit to Congress a report assessing the qualifications, status, and roles
p.(None): of analysts at Bureau headquarters and in the field offices of the Bureau.
p.(None): (4) Not later than 180 days after the date of the enactment of this Act, and every 12 months
p.(None): thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing
p.(None): information-sharing principles.
p.(None):
p.(None): Government organization.
p.(None): 28 USC 532 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 28 USC 532 note.
p.(None): SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
...
p.(None): the systematic surveillance of the south- west border of the United States by remotely piloted aircraft.
p.(None): (b) CONTENTS.—The plan submitted under subsection (a) shall include—
p.(None): (1) recommendations for establishing command and control centers, operations sites, infrastructure,
p.(None): maintenance, and procurement;
p.(None): (2) cost estimates for the implementation of the plan and ongoing operations;
p.(None): (3) recommendations for the appropriate agent within the Department of Homeland Security to be the
p.(None): executive agency for remotely piloted aircraft operations;
p.(None): (4) the number of remotely piloted aircraft required for the plan;
p.(None): (5) the types of missions the plan would undertake, including—
p.(None): (A) protecting the lives of people seeking illegal entry into the United States;
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1701 note. Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3734 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interdicting illegal movement of people, weapons, and other contraband across the border;
p.(None): (C) providing investigative support to assist in the dismantling of smuggling and criminal networks along the
p.(None): border;
p.(None): (D) using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers
p.(None): and criminal networks along the border; and
p.(None): (E) further validating and testing of remotely piloted aircraft for airspace security missions;
p.(None): (6) the equipment necessary to carry out the plan; and
p.(None): (7) a recommendation regarding whether to expand the pilot program along the entire southwest border.
p.(None): (c) IMPLEMENTATION.—The Secretary of Homeland Security shall implement the plan submitted under
p.(None): subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this
p.(None): purpose.
p.(None): (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary
p.(None): to carry out the provisions of this section.
p.(None): SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
p.(None):
p.(None): Effective date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None): In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the
p.(None): availability of appropria- tions for such purpose, increase by not less than 2,000 the number of positions for
p.(None): full-time active-duty border patrol agents within the Department of Homeland Security above the number of
p.(None): such positions for which funds were allotted for the preceding fiscal year. In each of the fiscal years
p.(None): 2006 through 2010, in addition to the border patrol agents assigned along the northern border of the
...
p.(None): by adding at the end the following: ‘‘There shall be no means of judicial review (including review
p.(None): pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections
p.(None): 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding
p.(None): if such revocation provides the sole ground for removal under section 237(a)(1)(B).’’.
p.(None): (b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(1)(B)) is amended by striking ‘‘United States is’’ and inserting the following: ‘‘United States, or
p.(None): whose nonimmigrant visa (or other documenta- tion authorizing admission into the United States as
p.(None): a non- immigrant) has been revoked under section 221(i), is’’.
p.(None): (c) REVOCATION OF PETITIONS.—Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended—
p.(None): (1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; and
p.(None): (2) by striking the final two sentences.
p.(None): (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of enactment of
p.(None): this Act and shall apply to revocations under sections 205 and 221(i) of the Immigra- tion and Nationality Act
p.(None): (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle D—Immigration Reform
p.(None): 118 STAT. 3737
p.(None):
p.(None):
p.(None): SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
p.(None): (a) CRIMINAL PENALTIES.—Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘(4) In the case of a person who has brought aliens into the United States in violation of this
p.(None): subsection, the sentence otherwise provided for may be increased by up to 10 years if—
p.(None): ‘‘(A) the offense was part of an ongoing commercial organization or enterprise;
p.(None): ‘‘(B) aliens were transported in groups of 10 or more; and ‘‘(C)(i) aliens were transported in a manner
p.(None): that endan-
p.(None): gered their lives; or
p.(None): ‘‘(ii) the aliens presented a life-threatening health risk to people in the United States.’’.
p.(None): (b) OUTREACH PROGRAM.—Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by
p.(None): subsection (a), is further amended by adding at the end the following:
p.(None): ‘‘(e) OUTREACH PROGRAM.—The Secretary of Homeland Secu- rity, in consultation with the Attorney General
p.(None): and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate
p.(None): the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation
p.(None): of this section.’’.
p.(None): SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY- TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
p.(None): Section 237(a)(4) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(4)) is amended by adding at the end the following: ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.—
...
p.(None): SEC. 5503. WAIVER OF INADMISSIBILITY.
p.(None): Section 212(d)(3) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1182(d)(3)) is amended—
p.(None): (1) in subparagraph (A), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of
p.(None): paragraph (3)(E)’’; and
p.(None): (2) in subparagraph (B), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph
p.(None): (3)(E)’’.
p.(None): SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL
p.(None): KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1101(f)) is amended—
p.(None): (1) by striking the period at the end of paragraph (8) and inserting ‘‘; or’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in
p.(None): Nazi persecu- tion, participation in genocide, or commission of acts of torture or extrajudicial killings) or
p.(None): 212(a)(2)(G) (relating to severe viola- tions of religious freedom).’’.
p.(None): SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGA- TIONS.
p.(None): (a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— Section 103 of the Immigration and Nationality Act (8
p.(None): U.S.C. 1103) is amended by adding at the end the following:
p.(None): ‘‘(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of
p.(None): Special Investiga- tions with the authority to detect and investigate, and, where appropriate, to take legal
p.(None): action to denaturalize any alien described in section 212(a)(3)(E).
p.(None): ‘‘(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations
p.(None): concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E).
p.(None): ‘‘(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E),
p.(None): consideration shall be given to—
p.(None): ‘‘(A) the availability of criminal prosecution under the laws of the United States for any conduct that may
p.(None): form the basis for removal and denaturalization; or
p.(None):
p.(None):
p.(None): 118 STAT. 3742 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a
p.(None): prosecution for such conduct.’’.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—
p.(None): (1) IN GENERAL.—There are authorized to be appropriated to the Department of Justice such sums as may
p.(None): be necessary to carry out the additional duties established under section 103(h) of the Immigration and
p.(None): Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations
p.(None): fulfills its continuing obligations regarding Nazi war criminals.
p.(None): (2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu- ant to paragraph (1) are authorized to remain
p.(None): available until expended.
p.(None): SEC. 5506. REPORT ON IMPLEMENTATION.
p.(None): Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation
p.(None): with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the Senate and
p.(None): the House of Representatives a report on implementation of this subtitle that includes a description
p.(None): of—
p.(None): (1) the procedures used to refer matters to the Office of Special Investigations and other components within
p.(None): the Depart- ment of Justice and the Department of Homeland Security in a manner consistent with the
p.(None): amendments made by this subtitle;
...
p.(None): 1801 et seq.) is amended—
p.(None): (1) by redesignating—
p.(None): (A) title VI as title VII; and
p.(None): (B) section 601 as section 701; and
p.(None): (2) by inserting after title V the following new title:
p.(None): ‘‘TITLE VI—REPORTING REQUIREMENT
p.(None): ‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
p.(None): ‘‘(a) REPORT.—On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee
p.(None): on Intelligence of the House of Representatives, the Select Committee on Intel- ligence of the Senate,
p.(None): and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner con-
p.(None): sistent with the protection of the national security, a report setting forth with respect to the preceding 6-month
p.(None): period—
p.(None): ‘‘(1) the aggregate number of persons targeted for orders issued under this Act, including a breakdown of those
p.(None): targeted for—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 1801
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 1871
p.(None): note.
p.(None): ‘‘(A) electronic surveillance under section 105; ‘‘(B) physical searches under section 304;
p.(None): ‘‘(C) pen registers under section 402; and ‘‘(D) access to records under section 501;
p.(None): ‘‘(2) the number of individuals covered by an order issued pursuant to section 101(b)(1)(C);
p.(None): ‘‘(3) the number of times that the Attorney General has authorized that information obtained under this
p.(None): Act may be used in a criminal proceeding or any information derived there- from may be used in a criminal proceeding;
p.(None): ‘‘(4) a summary of significant legal interpretations of this Act involving matters before the Foreign
p.(None): Intelligence Surveil- lance Court or the Foreign Intelligence Surveillance Court of Review, including
p.(None): interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or
p.(None): the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and
p.(None): ‘‘(5) copies of all decisions (not including orders) or opinions of the Foreign Intelligence Surveillance Court or
p.(None): Foreign Intel- ligence Surveillance Court of Review that include significant construction or interpretation
p.(None): of the provisions of this Act. ‘‘(b) FREQUENCY.—The first report under this section shall be
p.(None): submitted not later than 6 months after the date of enactment of this section. Subsequent reports under
p.(None): this section shall be submitted semi-annually thereafter.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the For- eign Intelligence Act of 1978 (50 U.S.C.
p.(None): 1801 et seq.) is amended by striking the items relating to title VI and inserting the following new items:
p.(None): ‘‘TITLE VI—REPORTING REQUIREMENT
p.(None): ‘‘Sec. 601. Semiannual report of the Attorney General.
p.(None):
p.(None):
p.(None): 118 STAT. 3744 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘TITLE VII—EFFECTIVE DATE
p.(None): ‘‘Sec. 701. Effective date.’’.
p.(None):
p.(None): Subtitle B—Money Laundering and Terrorist Financing
p.(None): SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
p.(None): Subsection (d) of section 310 of title 31, United States Code, is amended—
...
p.(None): SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY REAUTHORIZATION.
p.(None): (a) PROGRAM.—Section 5341(a)(2) of title 31, United States Code, is amended—
p.(None): (1) by striking ‘‘February 1’’ and inserting ‘‘August 1’’;
p.(None): and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3745
p.(None):
p.(None):
p.(None): (2) by striking ‘‘and 2003,’’ and inserting ‘‘2003, 2005, and 2007,’’.
p.(None): (b) REAUTHORIZATION OF APPROPRIATIONS.—Section 5355 of title 31, United States Code, is amended by adding at
p.(None): the end the following:
p.(None): ‘‘2004 ................................................... $15,000,000.
p.(None): ‘‘2005 ................................................... $15,000,000.’’.
p.(None):
p.(None): Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical Corrections
p.(None): SEC. 6201. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘International Money Laun- dering Abatement and Financial Antiterrorism
p.(None): Technical Correc- tions Act of 2004’’.
p.(None): SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107–56.
p.(None): (a) The heading of title III of Public Law 107–56 is amended to read as follows:
p.(None): ‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FI- NANCIAL ANTITERRORISM ACT OF
p.(None): 2001’’.
p.(None): (b) The table of contents for Public Law 107–56 is amended by striking the item relating to title III and
p.(None): inserting the following:
p.(None): ‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001’’.
p.(None): (c) Section 302 of Public Law 107–56 is amended—
p.(None): (1) in subsection (a)(4), by striking the comma after ‘‘move- ment of criminal funds’’;
p.(None): (2) in subsection (b)(7), by inserting ‘‘or types of accounts’’ after ‘‘classes of international transactions’’; and
p.(None): (3) in subsection (b)(10), by striking ‘‘subchapters II and III’’ and inserting ‘‘subchapter II’’.
p.(None): (d) Section 303(a) of Public Law 107–56 is amended by striking ‘‘Anti-Terrorist Financing Act’’ and
p.(None): inserting ‘‘Financial Antiterrorism Act’’.
p.(None): (e) The heading for section 311 of Public Law 107–56 is amended by striking ‘‘OR
p.(None): INTERNATIONAL TRANSACTIONS’’ and inserting ‘‘INTERNATIONAL TRANSACTIONS, OR TYPES OF
p.(None): ACCOUNTS’’.
p.(None): (f) Section 314 of Public Law 107–56 is amended—
p.(None): (1) in paragraph (1)—
p.(None): (A) by inserting a comma after ‘‘organizations engaged in’’; and
p.(None): (B) by inserting a comma after ‘‘credible evidence of engaging in’’;
p.(None): (2) in paragraph (2)(A)—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004.
p.(None): 31 USC 5301
p.(None): note.
p.(None):
p.(None):
p.(None): 115 Stat. 296.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3746 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (A) by striking ‘‘and’’ after ‘‘nongovernmental organiza- tions,’’; and
...
p.(None): utilized by the agencies for the supervision of depository institutions and depository institution holding
p.(None): companies.
p.(None): ‘‘(5) WAIVER.—
p.(None): ‘‘(A) AGENCY AUTHORITY.—A Federal banking agency may grant a waiver, on a case by case basis, of the restric- tion
p.(None): imposed by this subsection to any officer or employee (including any special Government employee) of that
p.(None): agency, and the Board of Governors of the Federal Reserve System may grant a waiver of the restriction imposed
p.(None): by this subsection to any officer or employee of a Federal reserve bank, if the head of such agency certifies
p.(None): in writing that granting the waiver would not affect the integrity of the supervisory program of the relevant
p.(None): Federal banking agency.
p.(None): ‘‘(B) DEFINITION.—For purposes of this paragraph, the head of an agency is—
p.(None): ‘‘(i) the Comptroller of the Currency, in the case of the Office of the Comptroller of the Currency;
p.(None): ‘‘(ii) the Chairman of the Board of Governors of the Federal Reserve System, in the case of the Board
p.(None): of Governors of the Federal Reserve System;
p.(None): ‘‘(iii) the Chairperson of the Board of Directors, in the case of the Corporation; and
p.(None): ‘‘(iv) the Director of the Office of Thrift Super- vision, in the case of the Office of Thrift
p.(None): Supervision.
p.(None): ‘‘(6) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever a Federal banking agency determines that a person subject to paragraph (1) has
p.(None): become associ- ated, in the manner described in paragraph (1)(C), with a depository institution, depository
p.(None): institution holding com- pany, or other company for which such agency serves as the appropriate Federal
p.(None): banking agency, the agency shall impose upon such person one or more of the following penalties:
p.(None):
p.(None): Notice.
p.(None): ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The Fed-
p.(None): eral banking agency shall serve a written notice or order in accordance with and subject to the provisions of
p.(None): section 8(e)(4) for written notices or orders under paragraph (1) or (2) of section 8(e), upon such
p.(None): person of the intention of the agency—
p.(None): ‘‘(I) to remove such person from office or to prohibit such person from further participation in the conduct of
p.(None): the affairs of the depository institu- tion, depository institution holding company, or other company for a
p.(None): period of up to 5 years; and ‘‘(II) to prohibit any further participation by such person, in any
p.(None): manner, in the conduct of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3753
p.(None):
p.(None):
p.(None): the affairs of any insured depository institution for a period of up to 5 years.
p.(None): ‘‘(ii) CIVIL MONETARY PENALTY.—The Federal
p.(None): banking agency may, in an administrative proceeding or civil action in an appropriate United States district
p.(None): court, impose on such person a civil monetary penalty of not more than $250,000. Any administrative pro- ceeding
...
p.(None): of, such insured credit union.
p.(None): ‘‘(3) REGULATIONS.—
p.(None): ‘‘(A) IN GENERAL.—The Board shall prescribe rules or regulations to administer and carry out this
p.(None): subsection, including rules, regulations, or guidelines to define the scope of persons referred to in paragraph
p.(None): (1)(B).
p.(None): ‘‘(B) CONSULTATION.—In prescribing rules or regula- tions under this paragraph, the Board shall, to the extent
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None):
p.(None):
p.(None): 118 STAT. 3754 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): it deems necessary, consult with the Federal banking agen- cies (as defined in section 3 of the Federal
p.(None): Deposit Insur- ance Act) on regulations issued by such agencies in carrying out section 10(k) of the Federal
p.(None): Deposit Insurance Act. ‘‘(4) WAIVER.—The Board may grant a waiver, on a case
p.(None): by case basis, of the restriction imposed by this subsection to any officer or employee (including any
p.(None): special Government employee) of the Administration if the Chairman certifies in writing that granting the
p.(None): waiver would not affect the integrity of the supervisory program of the Administration.
p.(None): ‘‘(5) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever the Board determines that a person subject to paragraph (1) has become
p.(None): associated, in the manner described in paragraph (1)(C), with an insured credit union, the Board shall
p.(None): impose upon such person one or more of the following penalties:
p.(None):
p.(None): Notice.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 12 USC 1786
p.(None): note.
p.(None): ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The
p.(None): Board shall serve a written notice or order in accord- ance with and subject to the provisions of
p.(None): subsection (g)(4) for written notices or orders under paragraph
p.(None): (1) or (2) of subsection (g), upon such person of the intention of the Board—
p.(None): ‘‘(I) to remove such person from office or to prohibit such person from further participation in the conduct
p.(None): of the affairs of the insured credit union for a period of up to 5 years; and
p.(None): ‘‘(II) to prohibit any further participation by such person, in any manner, in the conduct of the affairs
p.(None): of any insured credit union for a period of up to 5 years.
p.(None): ‘‘(ii) CIVIL MONETARY PENALTY.—The Board may,
p.(None): in an administrative proceeding or civil action in an appropriate United States district court, impose on
p.(None): such person a civil monetary penalty of not more than
p.(None): $250,000. Any administrative proceeding under this clause shall be conducted in accordance with subsection (k). In
p.(None): lieu of an action by the Board under this clause, the Attorney General of the United States may bring a civil
p.(None): action under this clause in the appropriate United States district court.
p.(None): ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under this subparagraph (A)(i)
p.(None): shall be subject to paragraphs (5) and (7) of subsection (g) in the same manner and to the same extent
p.(None): as a person subject to an order issued under subsection (g).’’.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding any other effective date established pursuant to this Act, subsection (a) shall
p.(None): become effec- tive on the date of enactment of this Act, and the amendments made by subsections (b) and
p.(None): (c) shall become effective at the end of the 12-month period beginning on the date of enactment of this
p.(None): Act, whether or not final regulations are issued in accordance with the amendments made by this section as of
p.(None): that date of enactment.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3755
p.(None):
p.(None): Subtitle E—Criminal History Background Checks
p.(None):
p.(None):
p.(None): SEC. 6401. PROTECT ACT.
p.(None): Public Law 108–21 is amended—
p.(None): (1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and inserting ‘‘a 30-month’’; and
p.(None): (2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and inserting ‘‘a 30-month’’.
p.(None): SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI- VATE SECURITY OFFICER EMPLOYMENT.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of
p.(None): 2004’’.
p.(None): (b) FINDINGS.—Congress finds that—
p.(None): (1) employment of private security officers in the United States is growing rapidly;
p.(None): (2) private security officers function as an adjunct to, but not a replacement for, public law
p.(None): enforcement by helping to reduce and prevent crime;
p.(None): (3) such private security officers protect individuals, prop- erty, and proprietary information, and
p.(None): provide protection to such diverse operations as banks, hospitals, research and development centers,
p.(None): manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power
p.(None): plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office
p.(None): complexes, schools, residential properties, apartment complexes, gated communities, and others;
p.(None): (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its
p.(None): public areas, and are supplemented by private security officers;
p.(None): (5) the threat of additional terrorist attacks requires cooperation between public and private
p.(None): sectors and demands professional, reliable, and responsible security officers for the protection of people,
p.(None): facilities, and institutions;
p.(None): (6) the trend in the Nation toward growth in such security services has accelerated rapidly;
p.(None): (7) such growth makes available more public sector law enforcement officers to combat serious and
p.(None): violent crimes, including terrorism;
p.(None): (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an
p.(None): adjunct to sworn law enforcement officers; and
p.(None): (9) private security officers and applicants for private secu- rity officer positions should be thoroughly screened and
p.(None): trained.
p.(None): (c) DEFINITIONS.—In this section:
p.(None): (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as
p.(None): a private security officer.
p.(None): (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that—
p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
p.(None): (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is
p.(None): to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform
p.(None): or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines
p.(None): by regu- lation that such exclusion would serve the public interest); but
p.(None): (B) does not include—
p.(None): (i) employees whose duties are primarily internal audit or credit functions;
p.(None): (ii) employees of electronic security system compa- nies acting as technicians or monitors; or
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
p.(None): of a participating State, fingerprints or other means of positive identification, as determined by the Attorney
p.(None): Gen- eral, of an employee of such employer for purposes of a criminal history record information search
p.(None): pursuant to this Act.
p.(None): (B) EMPLOYEE RIGHTS.—
p.(None): (i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the
p.(None): State identification bureau of the participating State the request to search the criminal history record
p.(None): information of the employee under this Act.
p.(None): (ii) ACCESS.—An authorized employer shall provide to the employee confidential access to any information relating to
p.(None): the employee received by the authorized employer pursuant to this Act.
p.(None): (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal
p.(None): history record information search from an authorized employer pursuant to this Act, submitted through the
p.(None): State identification bureau of a participating State, the Attorney General shall—
p.(None): (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal
p.(None): Bureau of Investigation; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757
p.(None):
p.(None):
p.(None): (ii) promptly provide any resulting identification and criminal history record information to the submit- ting
p.(None): State identification bureau requesting the information.
p.(None): (D) USE OF INFORMATION.—
p.(None): (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the
p.(None): State identification bureau, the information shall be used only as provided in clause (ii).
p.(None): (ii) TERMS.—In the case of—
p.(None): (I) a participating State that has no State standards for qualification to be a private security officer, the
p.(None): State shall notify an authorized employer as to the fact of whether an employee has been—
p.(None): (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction
p.(None): occurred during the previous
p.(None): 10 years, or an offense involving the use or attempted use of physical force against the person of
p.(None): another if the conviction occurred during the previous 10 years; or
p.(None): (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days;
p.(None): or
p.(None): (II) a participating State that has State stand- ards for qualification to be a private security officer,
p.(None): the State shall use the information received pursuant to this Act in applying the State stand- ards and shall
p.(None): only notify the employer of the results of the application of the State standards.
p.(None): (E) FREQUENCY OF REQUESTS.—An authorized employer may request a criminal history record information search for
p.(None): an employee only once every 12 months of continuous employment by that employee unless the
p.(None): authorized employer has good cause to submit additional requests.
p.(None): (2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Attorney General
p.(None): shall issue such final or interim final regulations as may be necessary to carry out this Act, including—
p.(None): (A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction
p.(None): of information and audits, and record keeping;
p.(None): (B) standards for qualification as an authorized employer; and
p.(None): (C) the imposition of reasonable fees necessary for conducting the background checks.
p.(None): (3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Who- ever knowingly and intentionally uses any information
p.(None): obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for
p.(None): employment as a private security officer shall be fined under title 18, United States Code, or imprisoned
p.(None): for not more than 2 years, or both.
p.(None): (4) USER FEES.—
p.(None): (A) IN GENERAL.—The Director of the Federal Bureau of Investigation may—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3758 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (i) collect fees to process background checks pro- vided for by this Act; and
p.(None): (ii) establish such fees at a level to include an additional amount to defray expenses for the automa-
p.(None): tion of fingerprint identification and criminal justice information services and associated costs.
p.(None): (B) LIMITATIONS.—Any fee collected under this subsection—
p.(None): (i) shall, consistent with Public Law 101–515 and Public Law 104–99, be credited to the appropriation to
p.(None): be used for salaries and other expenses incurred through providing the services described in such Public Laws
p.(None): and in subparagraph (A);
p.(None): (ii) shall be available for expenditure only to pay the costs of such activities and services; and
p.(None): (iii) shall remain available until expended.
p.(None): (C) STATE COSTS.—Nothing in this Act shall be con- strued as restricting the right of a State to assess a
p.(None): reason- able fee on an authorized employer for the costs to the State of administering this Act.
p.(None): (5) STATE OPT OUT.—A State may decline to participate in the background check system authorized by
p.(None): this Act by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the
p.(None): State is declining to partici- pate pursuant to this subsection.
p.(None): SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
p.(None):
p.(None): Deadline. Reports.
p.(None): (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Attorney General
p.(None): shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of
p.(None): Representatives regarding all statutory require- ments for criminal history record checks that are required
p.(None): to be conducted by the Department of Justice or any of its components.
p.(None): (b) DEFINITIONS.—As used in this section—
p.(None): (1) the terms ‘‘criminal history information’’ and ‘‘criminal history records’’ include—
p.(None): (A) an identifying description of the individual to whom the information or records pertain;
p.(None): (B) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such
p.(None): individual; and
p.(None): (C) any disposition to a notation described in subpara- graph (B), including acquittal, sentencing,
p.(None): correctional supervision, or release; and
p.(None): (2) the term ‘‘IAFIS’’ means the Integrated Automated Fingerprint Identification System of the Federal
p.(None): Bureau of Allocation, which serves as the national depository for finger- print, biometric, and criminal
p.(None): history information, through which fingerprints are processed electronically.
p.(None): (c) IDENTIFICATION OF INFORMATION.—The Attorney General shall identify—
p.(None): (1) the number of criminal history record checks requested, including the type of information requested;
p.(None): (2) the usage of different terms and definitions regarding criminal history information; and
p.(None): (3) the variation in fees charged for such information and who pays such fees.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3759
p.(None):
p.(None):
p.(None): (d) RECOMMENDATIONS.—The Attorney General shall make rec- ommendations to Congress for improving,
p.(None): standardizing, and consolidating the existing statutory authorization, programs, and procedures for the
p.(None): conduct of criminal history record checks for non-criminal justice purposes. In making these
p.(None): recommendations to Congress, the Attorney General shall consider—
p.(None): (1) the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal
p.(None): history information checks;
p.(None): (2) any security concerns created by the existence of these commercially available databases concerning their
p.(None): ability to provide sensitive information that is not readily available about law enforcement or intelligence
p.(None): officials, including their identity, residence, and financial status;
p.(None): (3) the effectiveness of utilizing State databases;
p.(None): (4) any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau
p.(None): of Inves- tigation to establish a system to provide criminal history information;
p.(None): (5) privacy rights and other employee protections, including—
p.(None): (A) employee consent;
p.(None): (B) access to the records used if employment was denied;
p.(None): (C) the disposition of the fingerprint submissions after the records are searched;
p.(None): (D) an appeal mechanism; and
p.(None): (E) penalties for misuse of the information;
p.(None): (6) the scope and means of processing background checks for private employers utilizing data maintained by the
p.(None): Federal Bureau of Investigation that the Attorney General should be allowed to authorize in cases where
p.(None): the authority for such checks is not available at the State level;
p.(None): (7) any restrictions that should be placed on the ability of an employer to charge an employee or prospective
p.(None): employee for the cost associated with the background check;
p.(None): (8) which requirements should apply to the handling of incomplete records;
p.(None): (9) the circumstances under which the criminal history information should be disseminated to the employer;
p.(None): (10) the type of restrictions that should be prescribed for the handling of criminal history information
p.(None): by an employer;
p.(None): (11) the range of Federal and State fees that might apply to such background check requests;
p.(None): (12) any requirements that should be imposed concerning the time for responding to such background check
p.(None): requests;
p.(None): (13) any infrastructure that may need to be developed to support the processing of such checks, including—
p.(None): (A) the means by which information is collected and submitted in support of the checks; and
p.(None): (B) the system capacity needed to process such checks at the Federal and State level;
p.(None): (14) the role that States should play; and
p.(None): (15) any other factors that the Attorney General determines to be relevant to the subject of the report.
p.(None): (e) CONSULTATION.—In developing the report under this section, the Attorney General shall consult with
p.(None): representatives of State
p.(None): Procedures.
p.(None):
p.(None):
p.(None): 118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate
p.(None): representatives of private industry, and representatives of labor, as determined appropriate by the Attorney
p.(None): General.
p.(None): Subtitle F—Grand Jury Information Sharing
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC app.
p.(None): SEC. 6501. GRAND JURY INFORMATION SHARING.
p.(None): (a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of Criminal Procedure is amended—
p.(None): (1) in paragraph (3)—
p.(None): (A) in subparagraph (A)(ii), by striking ‘‘or state sub- division or of an Indian tribe’’ and inserting ‘‘,
p.(None): state subdivi- sion, Indian tribe, or foreign government’’;
p.(None): (B) in subparagraph (D)—
p.(None): (i) by inserting after the first sentence the fol- lowing: ‘‘An attorney for the government may also dis- close
p.(None): any grand jury matter involving, within the United States or elsewhere, a threat of attack or other grave
p.(None): hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or ter-
p.(None): rorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power
p.(None): or by its agent, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government
p.(None): official, for the purpose of preventing or responding to such threat or activities.’’; and
p.(None): (ii) in clause (i)—
p.(None): (I) by striking ‘‘federal’’; and
p.(None): (II) by adding at the end the following: ‘‘Any State, State subdivision, Indian tribal, or foreign
p.(None): government official who receives information under Rule 6(e)(3)(D) may use the information only con- sistent with such
p.(None): guidelines as the Attorney Gen- eral and the Director of National Intelligence shall jointly issue.’’; and
p.(None): (C) in subparagraph (E)—
p.(None): (i) by redesignating clauses (iii) and (iv) as clauses
p.(None): (iv) and (v), respectively;
p.(None): (ii) by inserting after clause (ii) the following:
p.(None): ‘‘(iii) at the request of the government, when sought by a foreign court or prosecutor for use
p.(None): in an official criminal investigation;’’; and
p.(None): (iii) in clause (iv), as redesignated—
p.(None): (I) by striking ‘‘state or Indian tribal’’ and inserting ‘‘State, Indian tribal, or foreign’’; and
p.(None): (II) by striking ‘‘or Indian tribal official’’ and inserting ‘‘Indian tribal, or foreign government offi-
p.(None): cial’’; and
p.(None): (2) in paragraph (7), by inserting ‘‘, or of guidelines jointly issued by the Attorney General and the Director
p.(None): of National Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’.
p.(None): (b) CONFORMING AMENDMENT.—Section 203(c) of Public Law 107–56 (18 U.S.C. 2517 note) is amended by
p.(None): striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3761
p.(None):
p.(None):
p.(None): Subtitle G—Providing Material Support to Terrorism
p.(None): SEC. 6601. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Material Support to Ter- rorism Prohibition Enhancement Act of 2004’’.
p.(None): SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new
p.(None): section:
p.(None): ‘‘§ 2339D. Receiving military-type training from a foreign ter- rorist organization
p.(None): ‘‘(a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any
p.(None): organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the
...
p.(None): funds’’;
p.(None): (2) in subparagraph (A), by striking ‘‘were provided’’ and inserting ‘‘are to be provided, or knowing
p.(None): that the support or resources were provided,’’; and
p.(None): (3) in subparagraph (B)—
p.(None): (A) by striking ‘‘or any proceeds of such funds’’; and
p.(None): (B) by striking ‘‘were provided or collected’’ and inserting ‘‘are to be provided or collected, or
p.(None): knowing that the funds were provided or collected,’’.
p.(None): (b) DEFINITIONS.—Section 2339c(e) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘and’’ at the end of paragraph (12);
p.(None): (2) by redesignating paragraph (13) as paragraph (14);
p.(None):
p.(None): and
p.(None): (3) by inserting after paragraph (12) the following:
p.(None): ‘‘(13) the term ‘material support or resources’ has the same
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Stop Terrorist and Military Hoaxes Act of 2004.
p.(None): 18 USC 1 note.
p.(None): meaning given that term in section 2339B(g)(4) of this title; and’’.
p.(None):
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004
p.(None): SEC. 6701. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Stop Terrorist and Military Hoaxes Act of 2004’’.
p.(None): SEC. 6702. HOAXES AND RECOVERY COSTS.
p.(None): (a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, United States Code, is amended by inserting after
p.(None): section 1037 the fol- lowing:
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘§ 1038. False information and hoaxes
p.(None): ‘‘(a) CRIMINAL VIOLATION.—
p.(None): 118 STAT. 3765
p.(None): ‘‘(1) IN GENERAL.—Whoever engages in any conduct with intent to convey false or misleading information
p.(None): under cir- cumstances where such information may reasonably be believed and where such information indicates that
p.(None): an activity has taken, is taking, or will take place that would constitute a violation of chapter 2,
p.(None): 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42
p.(None): U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section
p.(None): 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—
p.(None): ‘‘(A) be fined under this title or imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years,
p.(None): or both; and
p.(None): ‘‘(C) if death results, be fined under this title or impris- oned for any number of years up to life, or both.
p.(None): ‘‘(2) ARMED FORCES.—Any person who makes a false state- ment, with intent to convey false or misleading
p.(None): information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United
p.(None): States during a war or armed conflict in which the United States is engaged—
p.(None): ‘‘(A) shall be fined under this title, imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or
p.(None): both; and
p.(None): ‘‘(C) if death results, shall be fined under this title, imprisoned for any number of years or for
...
p.(None): ‘‘(d) As used in this section—
p.(None): ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
p.(None): to participation in nuclear and weapons of mass destruction threats to the United States)’’.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
p.(None): SEC. 6901. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’.
p.(None): SEC. 6902. FINDINGS AND PURPOSE.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘MANPADS’’) presents
p.(None): a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that
p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
p.(None): (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes
p.(None): fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention,
p.(None): meaning that it is believed to pose the greatest potential threat for adverse public health impact and has
p.(None): a moderate to high potential for large-scale dissemination. The last case of smallpox in the United
p.(None): States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox
p.(None): has been officially eradicated after a successful worldwide vaccination program, there remain two official
p.(None): repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal
p.(None): to terrorists.
p.(None): (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola
p.(None): virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign
...
p.(None): apply to any
p.(None): device that is neither designed nor redesigned for use as a weapon.
p.(None): ‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof or of
p.(None): a State or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof or with a State or any department or agency thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3771
p.(None):
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
p.(None): ‘‘(d) DEFINITION.—As used in this section, the term ‘aircraft’ has the definition set forth in section
p.(None): 40102(a)(6) of title 49, United States Code.’’.
p.(None): SEC. 6904. ATOMIC WEAPONS.
p.(None): (a) PROHIBITIONS.—Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended—
p.(None): (1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’;
p.(None): (2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’;
p.(None): (3) by striking ‘‘or’’ before ‘‘export’’;
p.(None): (4) by striking ‘‘transfer or receive in interstate or foreign commerce,’’ before ‘‘manufacture’’;
p.(None): (5) by inserting ‘‘receive,’’ after ‘‘acquire,’’;
p.(None): (6) by inserting ‘‘, or use, or possess and threaten to use,’’ before ‘‘any atomic weapon’’; and
p.(None): (7) by inserting at the end the following:
...
p.(None): human life; or
p.(None): ‘‘(B) any device or other object that is capable of and designed or intended to endanger human life
p.(None): through the release of radiation or radioactivity.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3773
p.(None):
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.’’.
p.(None): SEC. 6906. VARIOLA VIRUS.
p.(None): Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
p.(None): ‘‘§ 175c. Variola virus
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, engi- neer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or
p.(None): use, or possess and threaten to use, variola virus.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply to conduct by, or under the authority of, the Secretary of
p.(None): Health and Human Services.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
p.(None): ‘‘(d) DEFINITION.—As used in this section, the term ‘variola virus’ means a virus that can cause human smallpox
p.(None): or any deriva- tive of the variola major virus that contains more than 85 percent of the gene sequence of the
p.(None): variola major virus or the variola minor virus.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3774 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
p.(None): Section 2516(1) of title 18, United States Code, is amended—
p.(None): (1) in paragraph (a), by inserting ‘‘2122 and’’ after ‘‘sec- tions’’;
p.(None): (2) in paragraph (c), by inserting ‘‘section 175c (relating to variola virus),’’ after ‘‘section 175
p.(None): (relating to biological weapons),’’; and
p.(None): (3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after ‘‘2332f,’’.
...
Political / immigrants
Searching for indicator immigrant:
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p.(None): for full-time active duty investigators within the Depart- ment of Homeland Security investigating violations of
p.(None): immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1101(a)(17)) above the number of such positions for which funds were made available during the preceding fiscal
p.(None): year.
p.(None): SEC. 5204. INCREASE IN DETENTION BED SPACE.
p.(None): (a) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary of Homeland Security
p.(None): shall increase by not less than 8,000, in each of the fiscal years 2006 through 2010, the number of beds
p.(None): available for immigration detention and removal operations of the Department of Homeland Security above the
p.(None): number for which funds were allotted for the preceding fiscal year.
p.(None): (b) PRIORITY.—The Secretary shall give priority for the use of these additional beds to the detention of
p.(None): individuals charged with removability under section 237(a)(4) of the Immigration and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3735
p.(None):
p.(None): 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)).
p.(None): Subtitle C—Visa Requirements
p.(None): SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
p.(None): (a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1202) is amended by adding at the end the following new subsection:
p.(None): ‘‘(h) Notwithstanding any other provision of this Act, the Sec- retary of State shall require every
p.(None): alien applying for a non- immigrant visa—
p.(None): ‘‘(1) who is at least 14 years of age and not more than
p.(None): 79 years of age to submit to an in person interview with a consular officer unless the requirement for
p.(None): such interview is waived—
p.(None): ‘‘(A) by a consular official and such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent
p.(None): thereof;
p.(None): ‘‘(B) by a consular official and such alien is applying for a visa—
p.(None): ‘‘(i) not more than 12 months after the date on which such alien’s prior visa expired;
p.(None): ‘‘(ii) for the visa classification for which such prior visa was issued;
p.(None): ‘‘(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise pre-
p.(None): scribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a
p.(None): national; and
p.(None): ‘‘(iv) the consular officer has no indication that such alien has not complied with the immigration laws and
p.(None): regulations of the United States; or
p.(None): ‘‘(C) by the Secretary of State if the Secretary deter- mines that such waiver is—
p.(None): ‘‘(i) in the national interest of the United States;
p.(None): or
...
p.(None): provide complete and accurate information in response to any request for information contained in the application.’’
p.(None): after the second sentence.
p.(None):
p.(None): 8 USC 1202 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1155 note.
p.(None): SEC. 5303. EFFECTIVE DATE.
p.(None): Notwithstanding section 1086 or any other provision of this Act, sections 5301 and 5302 shall take
p.(None): effect 90 days after the date of enactment of this Act.
p.(None): SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTA- TION.
p.(None): (a) LIMITATION ON REVIEW.—Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
p.(None): by adding at the end the following: ‘‘There shall be no means of judicial review (including review
p.(None): pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections
p.(None): 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding
p.(None): if such revocation provides the sole ground for removal under section 237(a)(1)(B).’’.
p.(None): (b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(1)(B)) is amended by striking ‘‘United States is’’ and inserting the following: ‘‘United States, or
p.(None): whose nonimmigrant visa (or other documenta- tion authorizing admission into the United States as
p.(None): a non- immigrant) has been revoked under section 221(i), is’’.
p.(None): (c) REVOCATION OF PETITIONS.—Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended—
p.(None): (1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; and
p.(None): (2) by striking the final two sentences.
p.(None): (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of enactment of
p.(None): this Act and shall apply to revocations under sections 205 and 221(i) of the Immigra- tion and Nationality Act
p.(None): (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle D—Immigration Reform
p.(None): 118 STAT. 3737
p.(None):
p.(None):
p.(None): SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
p.(None): (a) CRIMINAL PENALTIES.—Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘(4) In the case of a person who has brought aliens into the United States in violation of this
p.(None): subsection, the sentence otherwise provided for may be increased by up to 10 years if—
p.(None): ‘‘(A) the offense was part of an ongoing commercial organization or enterprise;
p.(None): ‘‘(B) aliens were transported in groups of 10 or more; and ‘‘(C)(i) aliens were transported in a manner
p.(None): that endan-
p.(None): gered their lives; or
p.(None): ‘‘(ii) the aliens presented a life-threatening health risk to people in the United States.’’.
p.(None): (b) OUTREACH PROGRAM.—Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by
...
p.(None): in the United States and foreign travel system that may be exploited by international terrorists, human
p.(None): smugglers and traffickers, and their facilitators.
p.(None): (d) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the President shall transmit
p.(None): to Congress a report regarding the implementation of this section, including a description of the staffing and resource
p.(None): needs of the Center.
p.(None): (e) RELATIONSHIP TO THE NCTC.—As part of its mission to combat terrorist travel, the Center shall work to
p.(None): support the efforts of the National Counterterrorism Center.
p.(None): SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFI- CERS.
p.(None): (a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Sec- retary of State, in each of fiscal years 2006
p.(None): through 2009, may increase by 150 the number of positions for consular officers above the number of such
p.(None): positions for which funds were allotted for the preceding fiscal year.
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1777.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3814 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA SCREENING.—
p.(None): (1) IMMIGRANT VISAS.—Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended
p.(None): by adding at the end the following: ‘‘All immigrant visa applications shall be reviewed and adjudicated by a consular
p.(None): officer.’’.
p.(None): (2) NONIMMIGRANT VISAS.—Section 222(d) of the Immigra- tion and Nationality Act (8 U.S.C. 1202(d)) is
p.(None): amended by adding at the end the following: ‘‘All nonimmigrant visa applica- tions shall be reviewed and adjudicated
p.(None): by a consular officer.’’.
p.(None): (c) TRAINING FOR CONSULAR OFFICERS IN DETECTION OF FRAUDULENT DOCUMENTS.—Section 305(a) of the
p.(None): Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at
p.(None): the end the following: ‘‘In accordance with section 7201(d) of the 9/11 Commission Implementation Act of
p.(None): 2004, and as part of the consular training provided to such officers by the Secretary of State, such
p.(None): officers shall also receive training in detecting fraudulent documents and general document forensics and
p.(None): shall be required as part of such training to work with immigration officers conducting inspections of
p.(None): applicants for admission into the United States at ports of entry.’’.
p.(None): (d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.—
p.(None): (1) SURVEY REGARDING DOCUMENT FRAUD.—The Secretary of State, in coordination with the Secretary of Homeland Secu-
p.(None): rity, shall conduct a survey of each diplomatic and consular post at which visas are issued to assess
p.(None): the extent to which fraudulent documents are presented by visa applicants to con- sular officers at such posts.
p.(None): (2) REQUIREMENT FOR SPECIALIST.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): country pursuant to a visa issued by that country, a machine readable visa document that is
p.(None): tamper-resistant and incorporates biometric identification information that is verifiable at its port of
p.(None): entry.
p.(None): SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible
p.(None): is an essential investment in efforts to protect the United States by preventing the entry of
p.(None): terrorists.
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None): Deadline.
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1365b.
p.(None):
p.(None):
p.(None): 118 STAT. 3818 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) DEFINITION.—In this section, the term ‘‘entry and exit data system’’ means the entry and exit system
p.(None): required by applicable sections of—
p.(None): (1) the Illegal Immigration Reform and Immigrant Respon- sibility Act of 1996 (Public Law 104–208);
p.(None): (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law
p.(None): 106–205);
p.(None): (3) the Visa Waiver Permanent Program Act (Public Law 106–396);
p.(None): (4) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107–173); and
p.(None): (5) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
p.(None): Obstruct Ter- rorism (USA PATRIOT ACT) Act of 2001 (Public Law 107– 56).
p.(None): (c) PLAN AND REPORT.—
p.(None): (1) DEVELOPMENT OF PLAN.—The Secretary of Homeland Security shall develop a plan to accelerate the full
p.(None): implementa- tion of an automated biometric entry and exit data system.
p.(None): (2) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit
p.(None): a report to Congress on the plan developed under paragraph (1), which shall contain—
p.(None): (A) a description of the current functionality of the entry and exit data system, including—
p.(None): (i) a listing of ports of entry and other Department of Homeland Security and Department of State loca- tions
p.(None): with biometric entry data systems in use and whether such screening systems are located at primary or secondary
p.(None): inspection areas;
p.(None): (ii) a listing of ports of entry and other Department of Homeland Security and Department of State loca- tions
p.(None): with biometric exit data systems in use;
p.(None): (iii) a listing of databases and data systems with which the entry and exit data system are interoperable;
p.(None): (iv) a description of—
p.(None): (I) identified deficiencies concerning the accuracy or integrity of the information contained in the entry
...
p.(None): (2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS.—
p.(None): (A) IN GENERAL.—The Secretary of Health and Human Services, in coordination with the Commissioner of Social
p.(None): Security and other appropriate Federal agencies, shall award grants to States, under criteria
p.(None): established by the Secretary, to assist States in—
p.(None): (i) computerizing their birth and death records;
p.(None): (ii) developing the capability to match birth and death records within each State and among the States; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Effective date.
p.(None):
p.(None): (iii) noting the fact of death on the birth certificates of deceased persons.
p.(None): (B) ALLOCATION OF GRANTS.—The Secretary shall award grants to qualifying States under this paragraph
p.(None): based on the proportion that the estimated annual average number of birth and death records created by a State
p.(None): applying for a grant bears to the estimated annual average number of birth and death records originated by all States.
p.(None): (C) MINIMUM ALLOCATION.—Notwithstanding subpara- graph (B), each State shall receive not less than 0.5 percent of the
p.(None): grant funds made available under this paragraph.
p.(None): (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for each of
p.(None): the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.
p.(None): (e) TECHNICAL AND CONFORMING AMENDMENT.—Section 656 of the Illegal Immigration Reform and Immigrant
p.(None): Responsibility Act of 1996 (5 U.S.C. 301 note) is repealed.
p.(None): SEC. 7212. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a motor vehicle operator’s license as defined in
p.(None): section 30301(5) of title 49, United States Code.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 30301
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3828 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) PERSONAL IDENTIFICATION CARD.—The term ‘‘personal identification card’’ means an identification
p.(None): document (as defined in section 1028(d)(3) of title 18, United States Code) issued by a State.
p.(None): (b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
p.(None): (1) IN GENERAL.—
p.(None): (A) LIMITATION ON ACCEPTANCE.—No Federal agency may accept, for any official purpose, a driver’s license
p.(None): or personal identification card newly issued by a State more than 2 years after the promulgation of the
p.(None): minimum stand- ards under paragraph (2) unless the driver’s license or personal identification card conforms
p.(None): to such minimum standards.
p.(None): (B) DATE FOR CONFORMANCE.—The Secretary of Transportation, in consultation with the Secretary of Home-
p.(None): land Security, shall establish a date after which no driver’s license or personal identification card shall be
p.(None): accepted by a Federal agency for any official purpose unless such driver’s license or personal
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p.(None): for
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3813
p.(None):
p.(None):
p.(None): each of the fiscal years 2005 through 2009 to carry out the provisions of this subsection.
p.(None): (e) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS.—
p.(None): (1) IN GENERAL.—The Director of National Intelligence shall significantly increase resources and personnel to the
p.(None): small classified program that collects and analyzes intelligence on terrorist travel.
p.(None): (2) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated for each of the fiscal years 2005
p.(None): through 2009 such sums as may be necessary to carry out this sub- section.
p.(None): SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAF- FICKING CENTER.
p.(None): (a) ESTABLISHMENT.—There is established a Human Smuggling and Trafficking Center (referred to in this section as the
p.(None): ‘‘Center’’).
p.(None): (b) OPERATION.—The Secretary of State, the Secretary of Home- land Security, and the Attorney General shall
p.(None): operate the Center in accordance with the Memorandum of Understanding entitled, ‘‘Human Smuggling and
p.(None): Trafficking Center (HSTC), Charter’’.
p.(None): (c) FUNCTIONS.—In addition to such other responsibilities as the President may assign, the Center shall—
p.(None): (1) serve as the focal point for interagency efforts to address terrorist travel;
p.(None): (2) serve as a clearinghouse with respect to all relevant information from all Federal Government
p.(None): agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist
p.(None): travel and facilitation of migrant smuggling and trafficking of persons;
p.(None): (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence
p.(None): agencies of the Fed- eral Government to improve effectiveness and to convert all information available to
p.(None): the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and
p.(None): trafficking of persons into tactical, operational, and stra- tegic intelligence that can be used to combat such
p.(None): illegal activi- ties; and
p.(None): (4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities
p.(None): in the United States and foreign travel system that may be exploited by international terrorists, human
p.(None): smugglers and traffickers, and their facilitators.
p.(None): (d) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the President shall transmit
p.(None): to Congress a report regarding the implementation of this section, including a description of the staffing and resource
p.(None): needs of the Center.
p.(None): (e) RELATIONSHIP TO THE NCTC.—As part of its mission to combat terrorist travel, the Center shall work to
p.(None): support the efforts of the National Counterterrorism Center.
p.(None): SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFI- CERS.
p.(None): (a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Sec- retary of State, in each of fiscal years 2006
p.(None): through 2009, may increase by 150 the number of positions for consular officers above the number of such
p.(None): positions for which funds were allotted for the preceding fiscal year.
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1777.
p.(None):
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p.(None): Reports.
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 4807.
p.(None):
p.(None):
p.(None): 118 STAT. 3834 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) of documents intended to help fraudulently procure a United States visa or United States passport, or
p.(None): other documents intended to gain unlawful entry into the United States; or
p.(None): (C) of passports and visas issued by foreign countries intended to gain unlawful entry into the United
p.(None): States.
p.(None): (2) EMPHASIS.—The strategic plan shall—
p.(None): (A) focus particular emphasis on individuals and organizations that may have links to domestic
p.(None): terrorist organizations or foreign terrorist organizations (as such term is defined in section 219 of the
p.(None): Immigration and Nationality Act (8 U.S.C. 1189));
p.(None): (B) require the development of a strategic training course under the Antiterrorism Assistance Training (ATA)
p.(None): program of the Department of State (or any successor or related program) under chapter 8 of part II of the
p.(None): Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train
p.(None): participants in the identification of fraudulent documents and the forensic detection of such documents
p.(None): which may be used to obtain unlawful entry into the United States; and
p.(None): (C) determine the benefits and costs of providing tech- nical assistance to foreign governments to ensure the secu-
p.(None): rity of passports, visas, and related documents and to inves- tigate, arrest, and prosecute individuals who
p.(None): facilitate travel by the creation of false passports and visas, docu- ments to obtain such passports and
p.(None): visas, and other types of travel documents.
p.(None): (c) PROGRAM.—
p.(None): (1) INDIVIDUAL IN CHARGE.—
p.(None): (A) DESIGNATION.—The Assistant Secretary for Diplo- matic Security shall designate an individual to be in charge
p.(None): of the Program.
p.(None): (B) QUALIFICATION.—The individual designated under subparagraph (A) shall have expertise and experience in
p.(None): the investigation and prosecution of visa and passport fraud.
p.(None): (2) PROGRAM COMPONENTS.—The Program shall include the following:
p.(None): (A) ANALYSIS OF METHODS.—Analyze, in coordination with other appropriate government agencies, methods used by
p.(None): terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter
p.(None): foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of
p.(None): Homeland Security on recommended changes to the visa issuance process that could combat such methods,
p.(None): including the introduction of new technologies into such process.
p.(None): (B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.— Identify, in cooperation with the Human Trafficking and
p.(None): Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used
p.(None): to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is
p.(None): noti- fied for further investigation and prosecution or, in the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3835
p.(None):
p.(None):
p.(None): case of such individuals abroad for which no further inves- tigation or prosecution is initiated, ensure that
p.(None): all appro- priate information is shared with foreign governments in order to facilitate investigation,
p.(None): arrest, and prosecution of such individuals.
p.(None): (C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING ASSISTANCE.—Identify foreign countries that need technical
p.(None): assistance, such as law reform, administrative reform, pros- ecutorial training, or assistance to police and
p.(None): other inves- tigative services, to ensure passport, visa, and related docu- ment security and to investigate,
p.(None): arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas,
p.(None): documents used to obtain such pass- ports and visas, and other types of travel documents.
p.(None): (D) INSPECTION OF APPLICATIONS.—Randomly inspect visa and passport applications for accuracy, efficiency, and
p.(None): fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of
p.(None): visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications.
p.(None): (d) REPORT.—Not later than 90 days after the date on which the strategy required under section 7201 is
p.(None): submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report
p.(None): containing—
p.(None): (1) a description of the strategic plan prepared under sub- section (b); and
p.(None): (2) an evaluation of the feasibility of establishing civil service positions in field offices of the
p.(None): Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether
p.(None): to allow diplomatic security agents to convert to civil service officers to fill such positions.
p.(None): SEC. 7219. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): SEC. 7220. IDENTIFICATION STANDARDS.
p.(None): (a) PROPOSED STANDARDS.—
p.(None): (1) IN GENERAL.—The Secretary of Homeland Security—
p.(None): (A) shall propose minimum standards for identification documents required of domestic commercial airline pas-
p.(None): sengers for boarding an aircraft; and
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p.(None): SEC. 4025. PROHIBITED ITEMS LIST.
p.(None): Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland
p.(None): Security (Transportation Security Administration) shall complete a review of the list of items prohibited
p.(None): from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air
p.(None): transportation or intrastate air transportation set forth in section 1540 of title 49, Code of Federal
p.(None): Regulations, and shall release a revised list that includes—
p.(None): (1) butane lighters; and
p.(None): (2) any other modification that the Assistant Secretary considers appropriate.
p.(None): SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
p.(None): (a) UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT CONTROL.—
p.(None): (1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS.— The President shall pursue, on an urgent basis,
p.(None): further strong international diplomatic and cooperative efforts, including bilateral and multilateral
p.(None): treaties, in the appropriate forum to limit the availability, transfer, and proliferation of
p.(None): MANPADSs worldwide.
p.(None): (2) TO LIMIT THE PROLIFERATION OF MANPADS.—The Presi- dent is encouraged to seek to enter into agreements
p.(None): with the governments of foreign countries that, at a minimum, would—
p.(None): (A) prohibit the entry into force of a MANPADS manu- facturing license agreement and MANPADS co-production
p.(None): agreement, other than the entry into force of a manufac- turing license or co-production agreement with
p.(None): a country that is party to such an agreement;
p.(None): (B) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including
p.(None): any
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3725
p.(None):
p.(None): component, part, accessory, or attachment thereof, without an individual validated license; and
p.(None): (C) prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment
p.(None): thereof, to a third person, organization, or government unless the written consent of the government that
p.(None): approved the original export or transfer is first obtained.
p.(None): (3) TO ACHIEVE DESTRUCTION OF MANPADS.—The President should continue to pursue further strong international
p.(None): diplo- matic and cooperative efforts, including bilateral and multilat- eral treaties, in the appropriate forum to
p.(None): assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide.
p.(None): (4) REPORTING AND BRIEFING REQUIREMENT.—
p.(None): (A) PRESIDENT’S REPORT.—Not later than 180 days after the date of enactment of this Act, the President
p.(None): shall transmit to the appropriate congressional committees a report that contains a detailed description of the
p.(None): status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United
p.(None): States agencies to comply with the recommendations of the General Accounting Office set forth in its
p.(None): report GAO–04–519, enti- tled ‘‘Nonproliferation: Further Improvements Needed in
p.(None): U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems’’.
...
p.(None): ‘‘(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years,
p.(None): or both; and
p.(None): ‘‘(C) if death results, be fined under this title or impris- oned for any number of years up to life, or both.
p.(None): ‘‘(2) ARMED FORCES.—Any person who makes a false state- ment, with intent to convey false or misleading
p.(None): information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United
p.(None): States during a war or armed conflict in which the United States is engaged—
p.(None): ‘‘(A) shall be fined under this title, imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or
p.(None): both; and
p.(None): ‘‘(C) if death results, shall be fined under this title, imprisoned for any number of years or for
p.(None): life, or both.
p.(None): ‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with intent to convey false or misleading
p.(None): information under cir- cumstances where such information may reasonably be believed and where such
p.(None): information indicates that an activity has taken, is taking, or will take place that would constitute a
p.(None): violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section
p.(None): 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
p.(None): section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or
p.(None): section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(c) REIMBURSEMENT.—
p.(None): ‘‘(1) IN GENERAL.—The court, in imposing a sentence on a defendant who has been convicted of an
p.(None): offense under sub- section (a), shall order the defendant to reimburse any state or local government, or
p.(None): private not-for-profit organization that provides fire or rescue service incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(2) LIABILITY.—A person ordered to make reimbursement under this subsection shall be jointly and
p.(None): severally liable for such expenses with each other person, if any, who is ordered to make reimbursement
p.(None): under this subsection for the same expenses.
p.(None):
p.(None):
p.(None): 118 STAT. 3766 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(3) CIVIL JUDGMENT.—An order of reimbursement under this subsection shall, for the purposes of enforcement, be
p.(None): treated as a civil judgment.
p.(None): ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not prohibit any lawfully authorized investigative,
p.(None): protective, or intel- ligence activity of a law enforcement agency of the United States, a State, or
p.(None): political subdivision of a State, or of an intelligence agency of the United States.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of sections as the begin- ning of chapter 47 of title 18, United States
...
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
p.(None): freedom, freedom of expression, and freedom of associa- tion, and support human rights monitoring.
p.(None): ‘‘(D) PROTECTION OF SITES.—To provide for the protec- tion of Afghanistan’s culture, history, and national identity,
p.(None): including the rehabilitation of Afghanistan’s museums and sites of cultural significance.’’.
p.(None): (3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513(a)(4)) is amended—
p.(None): (A) in subparagraph (K), by striking ‘‘and’’ at the end;
p.(None): (B) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(M) assistance in identifying and surveying key road and rail routes that are essential for economic
p.(None): renewal in Afghanistan and the region and support for the establishment of a customs service and
p.(None): training for customs officers.’’.
p.(None): (g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513), is amended by adding at the end the following:
p.(None): ‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.— ‘‘(1) REPORT.—
...
p.(None): executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate
p.(None): and Speaker of the House of Represent- atives with respect to Congress, or their designees, to request
p.(None): assistance under a mutual aid agreement for an emergency or public service event.
p.(None): (2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating officer’’ means the official designated by law to
p.(None): declare an emergency in and for the locality of that chief operating officer.
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
p.(None): of the District of Columbia, an authorized representative of the Federal Government, the Governor of the
p.(None): State of Maryland, the Governor of the Commonwealth of Vir- ginia, or the chief operating officer of a
p.(None): locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual
p.(None): Aid Agreement within the National Capital Region; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841
p.(None):
p.(None): (B) includes Presidential inaugurations, public gath- erings, demonstrations and protests, and law enforcement,
p.(None): fire, rescue, emergency health and medical services, transportation, communications, public
p.(None): works and engineering, mass care, and other support that require human resources, equipment, facilities
p.(None): or services supple- mental to or greater than the requesting jurisdiction can provide.
p.(None): (10) STATE.—The term ‘‘State’’ means the State of Mary- land, the Commonwealth of Virginia, and the
p.(None): District of Columbia.
...
p.(None): Washington Airports Authority, and any other governmental agency or authority for—
p.(None): (A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications,
p.(None): public works and engineering, mass care, and resource support in an emergency or public service event;
p.(None): (B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event;
p.(None): and
p.(None): (C) training for any of the activities described under subparagraphs (A) and (B).
p.(None): (2) FACILITATING LOCALITIES.—The State of Maryland and the Commonwealth of Virginia are encouraged to
p.(None): facilitate the ability of localities to enter into interstate mutual aid agreements in the National Capital
p.(None): Region under this section.
p.(None): (3) APPLICATION AND EFFECT.—This section—
p.(None): (A) does not apply to law enforcement security oper- ations at special events of national significance under
p.(None): sec- tion 3056(e) of title 18, United States Code, or other law enforcement functions of the United States
p.(None): Secret Service;
p.(None): (B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid
p.(None): agree- ments in furtherance of their Federal missions; and
p.(None): (C) does not—
p.(None): (i) preclude any party from entering into supple- mentary Mutual Aid Agreements with fewer than all the
p.(None): parties, or with another party; or
p.(None): (ii) affect any other agreement in effect before the date of enactment of this Act among the States
p.(None):
p.(None):
p.(None): 118 STAT. 3842 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and localities, including the Emergency Management Assistance Compact.
p.(None): (4) RIGHTS DESCRIBED.—Other than as described in this section, the rights and responsibilities of the parties to
p.(None): a mutual aid agreement entered into under this section shall be as described in the mutual aid agreement.
p.(None): (c) DISTRICT OF COLUMBIA.—
p.(None): (1) IN GENERAL.—The District of Columbia may purchase liability and indemnification insurance or become
p.(None): self insured against claims arising under a mutual aid agreement author- ized under this section.
p.(None): (2) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated such sums as may be necessary
p.(None): to carry out paragraph (1).
p.(None): (d) LIABILITY AND ACTIONS AT LAW.—
p.(None): (1) IN GENERAL.—Any responding party or its officers or employees rendering aid or failing to render aid to the
p.(None): District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a
p.(None): locality, under a mutual aid agreement authorized under this section, and any party or its officers or
p.(None): employees engaged in training activities with another party under such a mutual aid agreement, shall be
p.(None): liable on account of any act or omission of its officers or employees while so engaged or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent
p.(None): permitted under the laws and procedures of the State of the party rendering aid.
p.(None): (2) ACTIONS.—Any action brought against a party or its officers or employees on account of an act or
p.(None): omission in the rendering of aid to the District of Columbia, the Federal Government, the State
p.(None): of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies may be brought only under
p.(None): the laws and procedures of the State of the party rendering aid and only in the Federal or State
p.(None): courts located therein. Actions against the United States under this section may be brought only in Federal
p.(None): courts.
p.(None): (3) IMMUNITIES.—This section shall not abrogate any other immunities from liability that any party has under
p.(None): any other Federal or State law.
p.(None): (e) WORKERS COMPENSATION.—
p.(None): (1) COMPENSATION.—Each party shall provide for the pay- ment of compensation and death benefits to injured
p.(None): members of the emergency forces of that party and representatives of deceased members of such forces if
p.(None): such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal
p.(None): Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid
p.(None): agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same
p.(None): terms as if the injury or death were sustained within their own jurisdiction.
p.(None): (2) OTHER STATE LAW.—No party shall be liable under the law of any State other than its own for
p.(None): providing for the payment of compensation and death benefits to injured
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3843
p.(None):
p.(None):
p.(None): members of the emergency forces of that party and representa- tives of deceased members of such forces if such
p.(None): members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government,
p.(None): the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged
p.(None): in training activities under a mutual aid agreement.
p.(None): (f) LICENSES AND PERMITS.—If any person holds a license, cer- tificate, or other permit issued by any responding party
p.(None): evidencing the meeting of qualifications for professional, mechanical, or other skills and assistance is
p.(None): requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by
p.(None): the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency
p.(None): or training for any such events.
p.(None): SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
p.(None): (a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMU-
p.(None): NICATIONS PROGRAMS.—
p.(None): (1) PROGRAM.—The Secretary of Homeland Security, in con- sultation with the Secretary of Commerce and the
p.(None): Chairman of the Federal Communications Commission, shall establish a program to enhance public safety
p.(None): interoperable communica- tions at all levels of government. Such program shall—
p.(None): (A) establish a comprehensive national approach to achieving public safety interoperable communications;
p.(None): (B) coordinate with other Federal agencies in carrying out subparagraph (A);
p.(None): (C) develop, in consultation with other appropriate Fed- eral agencies and State and local authorities,
p.(None): appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety
p.(None): agencies;
p.(None): (D) accelerate, in consultation with other Federal agen- cies, including the National Institute of Standards and
p.(None): Technology, the private sector, and nationally recognized standards organizations as appropriate, the
p.(None): development of national voluntary consensus standards for public safety interoperable communications, recognizing—
...
p.(None): positions through the level of undersecretary of cabinet departments as soon as possible after the date of the
p.(None): general elections held to determine the electors of President and Vice President under section 1 or 2 of
p.(None): title 3, United States Code.
p.(None): ‘‘(2) The responsible agency or agencies shall undertake and complete as expeditiously as possible the
p.(None): background investigations necessary to provide appropriate security clearances to the individ- uals who are
p.(None): candidates described under paragraph (1) before the date of the inauguration of the President-elect as
p.(None): President and the inauguration of the Vice-President-elect as Vice President.’’.
p.(None): (b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDER- ATION OF NATIONAL SECURITY NOMINEES.—It is
p.(None): the sense of the Senate that—
p.(None): (1) the President-elect should submit the nominations of candidates for high-level national security
p.(None): positions, through the level of undersecretary of cabinet departments, to the Senate by the date of the
p.(None): inauguration of the President-elect as President; and
p.(None): (2) for all such national security nominees received by the date of inauguration, the Senate committees to
p.(None): which these nominations are referred should, to the fullest extent possible, complete their consideration of these
p.(None): nominations, and, if such nominations are reported by the committees, the full Senate should vote to confirm
p.(None): or reject these nominations, within 30 days of their submission.
p.(None): (c) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS.—
p.(None): (1) DEFINITION.—In this section, the term ‘‘major party’’ shall have the meaning given under section
p.(None): 9002(6) of the Internal Revenue Code of 1986.
p.(None): (2) IN GENERAL.—Each major party candidate for President may submit, before the date of the general election,
p.(None): requests for security clearances for prospective transition team members who will have a need for access to
p.(None): classified information to carry out their responsibilities as members of the President- elect’s transition
p.(None): team.
p.(None): (3) COMPLETION DATE.—Necessary background investiga- tions and eligibility determinations to permit
p.(None): appropriate prospective transition team members to have access to classified
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 435b
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3858 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information shall be completed, to the fullest extent practicable, by the day after the date of the general election.
p.(None):
p.(None): 3 USC 102 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding section 351, this section and the amendments made by this section shall
p.(None): take effect on the date of enactment of this Act.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Ter- rorist Financing
...
p.(None): under subsection (c), the report under subsection (c) shall—
p.(None): (1) be twice a year until the inability is corrected;
p.(None): (2) include a statement as to whether the inability or expectation of inability to meet the terms set
p.(None): forth in the enterprise architecture is substantially related to resources; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 5 USC 1101 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (3) if the inability or expectation of inability is substantially related to resources, include a request for
p.(None): additional funding that would resolve the problem or a request to reprogram funds that would resolve the
p.(None): problem.
p.(None): (e) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND REPORTS.— This section shall be carried out in compliance
p.(None): with the require- ments set forth in section 1016(e) and (h).
p.(None): SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
p.(None): (a) STUDY.—Not later than 90 days after the date of enactment of this Act, the Office of Government Ethics
p.(None): shall submit to Con- gress a report—
p.(None): (1) evaluating the financial disclosure process for employees of the executive branch of Government; and
p.(None): (2) making recommendations for improving that process.
p.(None): (b) TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES.—
p.(None): (1) DEFINITION.—In this section, the term ‘‘major party’’ has the meaning given that term under section
p.(None): 9002(6) of the Internal Revenue Code of 1986.
p.(None): (2) TRANSMITTAL.—
p.(None): (A) IN GENERAL.—Not later than 15 days after the date on which a major party nominates a candidate for
p.(None): President, the Office of Personnel Management shall transmit an electronic record to that candidate
p.(None): on Presi- dentially appointed positions.
p.(None): (B) OTHER CANDIDATES.—After making transmittals under subparagraph (A), the Office of Personnel Manage- ment
p.(None): may transmit an electronic record on Presidentially appointed positions to any other candidate for
p.(None): President.
p.(None): (3) CONTENT.—The record transmitted under this sub- section shall provide—
p.(None): (A) all positions which are appointed by the President, including the title and description of the duties of
p.(None): each position;
p.(None): (B) the name of each person holding a position described under subparagraph (A);
p.(None): (C) any vacancy in the positions described under subparagraph (A), and the period of time any such
p.(None): position has been vacant;
p.(None): (D) the date on which an appointment made after the applicable Presidential election for any
p.(None): position described under subparagraph (A) is necessary to ensure effective operation of the Government; and
p.(None): (E) any other information that the Office of Personnel Management determines is useful in making appointments.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3871
p.(None):
p.(None):
p.(None): (c) REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE CONFIRMATION.—
p.(None): (1) DEFINITION.—In this subsection, the term ‘‘agency’’ means an Executive agency as defined under
p.(None): section 105 of title 5, United States Code.
p.(None): (2) REDUCTION PLAN.—
p.(None): (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the head of each
...
Searching for indicator political:
(return to top)
p.(None): Director of National Intel- ligence shall—
p.(None): ‘‘(1) serve as head of the intelligence community;
p.(None): ‘‘(2) act as the principal adviser to the President, to the National Security Council, and the Homeland
p.(None): Security Council for intelligence matters related to the national security; and ‘‘(3) consistent with
p.(None): section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the
p.(None): implementation of the National Intelligence Program.
p.(None): ‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the position of Director of National
p.(None): Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or
p.(None): as the head of any other element of the intelligence community.
p.(None): ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director
p.(None): of National Intelligence shall be responsible for ensuring that national intelligence is provided—
p.(None): ‘‘(A) to the President;
p.(None): ‘‘(B) to the heads of departments and agencies of the execu- tive branch;
p.(None): ‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
p.(None): ‘‘(D) to the Senate and House of Representatives and the committees thereof; and
p.(None): ‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate.
p.(None): ‘‘(2) Such national intelligence should be timely, objective, inde- pendent of political considerations, and based
p.(None): upon all sources available to the intelligence community and other appropriate enti- ties.
p.(None): ‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by the President, the Director of National
p.(None): Intelligence shall have access to all national intelligence and intelligence related to the national security
p.(None): which is collected by any Federal department, agency, or other entity, except as otherwise provided by
p.(None): law or, as appro- priate, under guidelines agreed upon by the Attorney General and the Director of National
p.(None): Intelligence.
p.(None): ‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests and appropriations for the National
p.(None): Intelligence Program, the Director of National Intelligence shall—
p.(None): ‘‘(A) based on intelligence priorities set by the President, provide to the heads of departments
p.(None): containing agencies or organizations within the intelligence community, and to the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3645
p.(None):
p.(None): heads of such agencies and organizations, guidance for devel- oping the National Intelligence Program
p.(None): budget pertaining to such agencies and organizations;
p.(None): ‘‘(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and
p.(None): organiza- tions within the intelligence community and the heads of their respective departments and, as
p.(None): appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an
p.(None): annual consolidated National Intelligence Program budget; and
...
p.(None): responsibilities of the heads of the departments of the United States Government concerning such departments,
p.(None): including, but not limited to:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3671
p.(None):
p.(None):
p.(None): (1) the authority of the Director of the Office of Manage- ment and Budget; and
p.(None): (2) the authority of the principal officers of the executive departments as heads of their
p.(None): respective departments, including, but not limited to, under—
p.(None): (A) section 199 of the Revised Statutes (22 U.S.C. 2651);
p.(None): (B) title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.);
p.(None): (C) the State Department Basic Authorities Act of 1956;
p.(None): (D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and
p.(None): (E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31,
p.(None): United States Code.
p.(None): SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANA- LYTIC INTEGRITY.
p.(None): (a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying out section 102A(h) of the National Security Act of
p.(None): 1947 (as added by section 1011(a)), the Director of National Intelligence shall, not later than 180 days
p.(None): after the date of the enactment of this Act, assign an individual or entity to be responsible for
p.(None): ensuring that finished intelligence products produced by any element or elements of the intelligence
p.(None): community are timely, objective, inde- pendent of political considerations, based upon all sources of avail- able
p.(None): intelligence, and employ the standards of proper analytic tradecraft.
p.(None): (b) RESPONSIBILITIES.—(1) The individual or entity assigned responsibility under subsection (a)—
p.(None): (A) may be responsible for general oversight and manage- ment of analysis and production, but may not be
p.(None): directly respon- sible for, or involved in, the specific production of any finished intelligence product;
p.(None): (B) shall perform, on a regular basis, detailed reviews of finished intelligence product or other
p.(None): analytic products by an element or elements of the intelligence community covering a particular topic or subject
p.(None): matter;
p.(None): (C) shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review
p.(None): under subparagraph (B); and
p.(None): (D) upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or
p.(None): make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed
p.(None): product or products.
p.(None): (2) Each review under paragraph (1)(B) should—
p.(None): (A) include whether the product or products concerned were based on all sources of available
p.(None): intelligence, properly describe the quality and reliability of underlying sources, prop- erly caveat and express
p.(None): uncertainties or confidence in analytic judgments, properly distinguish between underlying intel- ligence
p.(None): and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and
p.(None): (B) ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned
p.(None): in the
p.(None):
p.(None):
p.(None):
...
p.(None): ‘‘Sec. 1002. Framework for cross-disciplinary education and training. ‘‘Sec. 1003. Intelligence Community
p.(None): Scholarship Program.’’.
p.(None): SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE
p.(None): CENTRAL INTELLIGENCE AGENCY.
p.(None): Section 1 of the Central Intelligence Agency Act of 1949 (50
p.(None): U.S.C. 403a) is amended—
p.(None): (1) by redesignating paragraphs (a), (b), and (c) as para- graphs (1), (2), and (3), respectively; and
p.(None): (2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
p.(None): ‘‘(2) ‘Director’ means the Director of the Central Intelligence Agency; and’’.
p.(None): SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
p.(None): The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section:
p.(None): ‘‘AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): SEC. 8K. If the Director of National Intelligence determines that an Office of Inspector General would be
p.(None): beneficial to improving the operations and effectiveness of the Office of the Director of National
p.(None): Intelligence, the Director of National Intelligence is authorized to establish, with any of the
p.(None): duties, responsibilities, and authorities set forth in this Act, an Office of Inspector General.’’.
p.(None): SEC. 1079. ETHICS MATTERS.
p.(None): (a) POLITICAL SERVICE OF PERSONNEL.—Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended—
p.(None): (1) in subclause (XII), by striking ‘‘or’’ at the end; and
p.(None):
p.(None):
p.(None): 118 STAT. 3696 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) by inserting after subclause (XIII) the following new subclause:
p.(None): ‘‘(XIV) the Office of the Director of National Intel- ligence; or’’.
p.(None): (b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 7342(f)(4) of title 5, United States Code, is amended—
p.(None): (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
p.(None): (2) in subparagraph (A), as so designated, by striking ‘‘the Director of Central Intelligence’’ and inserting
p.(None): ‘‘the Director of the Central Intelligence Agency’’; and
p.(None): (3) by adding at the end the following new subparagraph: ‘‘(B) In transmitting such listings for the Office of
p.(None): the Director
p.(None): of National Intelligence, the Director of National Intelligence may delete the information described in
p.(None): subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the
p.(None): Secretary of State that the publication of such information could adversely affect United States intelligence
p.(None): sources.’’.
p.(None): (c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section
p.(None):
p.(None): 5 USC app. 105.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None): 105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting ‘‘the Office of
...
p.(None): been denied release from detention.
p.(None): (3) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have been denied asylum but who remain at large
p.(None): in the United States.
p.(None): (4) The effect of the confidentiality provisions of section
p.(None): 208.6 of title 8, Code of Federal Regulations, on the ability of the United States Government to
p.(None): establish that an alien is connected to or tied to terrorist activity, such that the alien is barred from asylum or
p.(None): withholding of removal, is removable from the United States, or both.
p.(None): (5) The effect that precedential decisions, if any, holding that the extrajudicial punishment of an
p.(None): individual connected to terrorism, or guerrilla or militant activity abroad, or threats of such punishment, constitute
p.(None): persecution on account of polit- ical opinion as defined in section 101(a)(42) of the Immigration and Nationality Act
p.(None): (8 U.S.C. 1101(a)(42)), have had on the ability of the United States Government to remove aliens whom the
p.(None): United States Government believes are connected to or have ties to terrorism.
p.(None): (6) The extent to which court precedents have affected the ability of the United States Government to
p.(None): determine or prove that an alien the United States Government believes to be connected to or tied to
p.(None): terrorism is in fact so connected or tied, including—
p.(None): (A) so-called ‘‘imputed political opinion’’;
p.(None): (B) judicial review, reversal, or both of the credibility determinations of immigration judges; and
p.(None): (C) the need to use classified information in removal proceedings against aliens suspected of connections or
p.(None): ties to terrorism.
p.(None): (7) The likelihood that an alien connected to or with ties to terrorism has been granted asylum
p.(None): or withholding of removal.
p.(None): (8) The likelihood that an alien connected to or with ties to terrorism has used the United States
p.(None): asylum system to enter or remain in the United States in order to plan, conspire, or carry out, or attempt to
p.(None): plan, conspire, or carry out, an act of terrorism.
p.(None): (c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of conducting the study under subsection (a), the
p.(None): Comptroller General shall consider the possibility, and assess the likelihood, that an alien whom the United
p.(None): States Government accuses or has accused of having a connection to or ties to terrorism is in fact
p.(None): connected to or tied to terrorism, notwithstanding any administrative or judicial determination to the
p.(None): contrary.
p.(None): (d) SCOPE.—In conducting the study under subsection (a), the Comptroller General shall seek information
p.(None): from the Department of Homeland Security, the Federal Bureau of Investigation, the Central Intelligence
p.(None): Agency, the Department of Justice, foreign
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3739
p.(None):
...
p.(None): 31 USC 310 note.
p.(None):
p.(None):
p.(None): 31 USC 5301.
p.(None):
p.(None):
p.(None): 31 USC 5331
p.(None): note.
p.(None): (3) in the amendment made in that subsection (e), by striking ‘‘person.’’ and inserting the following:
p.(None): ‘‘person—’’.
p.(None): (l) Section 360 of Public Law 107–56 is amended—
p.(None): (1) in subsection (a), by inserting ‘‘the’’ after ‘‘utilization of the funds of’’; and
p.(None): (2) in subsection (b), by striking ‘‘at such institutions’’ and inserting ‘‘at such institution’’.
p.(None): (m) Section 362(a)(1) of Public Law 107–56 is amended by striking ‘‘subchapter II or III’’ and inserting
p.(None): ‘‘subchapter II’’.
p.(None): (n) Section 365 of Public Law 107–56 is amended—
p.(None): (1) by redesignating the second of the 2 subsections des- ignated as subsection (c) (relating to a
p.(None): clerical amendment) as subsection (d); and
p.(None): (2) by redesignating subsection (f) as subsection (e).
p.(None): (o) Section 365(d) of Public Law 107–56 (as so redesignated by subsection (n) of this section) is
p.(None): amended by striking ‘‘section 5332 (as added by section 112 of this title)’’ and inserting ‘‘section
p.(None): 5330’’.
p.(None): SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
p.(None): (a) Section 310(c) of title 31, United States Code, is amended by striking ‘‘the Network’’ each
p.(None): place such term appears and inserting ‘‘FinCEN’’.
p.(None): (b) Section 5312(a)(3)(C) of title 31, United States Code, is amended by striking ‘‘sections 5333 and
p.(None): 5316’’ and inserting ‘‘sec- tions 5316 and 5331’’.
p.(None): (c) Section 5318(i) of title 31, United States Code, is amended—
p.(None): (1) in paragraph (3)(B), by inserting a comma after ‘‘foreign political figure’’ the second place such term appears;
p.(None): and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3747
p.(None):
p.(None):
p.(None): (2) in the heading of paragraph (4), by striking ‘‘DEFINI-
p.(None): TION’’ and inserting ‘‘DEFINITIONS’’.
p.(None): (d) Section 5318(k)(1)(B) of title 31, United States Code, is amended by striking ‘‘section 5318A(f)(1)(B)’’
p.(None): and inserting ‘‘section 5318A(e)(1)(B)’’.
p.(None): (e) The heading for section 5318A of title 31, United States Code, is amended to read as follows:
p.(None): ‘‘§ 5318A. Special measures for jurisdictions, financial institu- tions, international transactions, or types
p.(None): of accounts of primary money laundering concern’’.
p.(None): (f) Section 5318A of title 31, United States Code, is amended—
p.(None): (1) in subsection (a)(4)(A), by striking ‘‘, as defined in section 3 of the Federal Deposit Insurance
p.(None): Act,’’ and inserting ‘‘(as defined in section 3 of the Federal Deposit Insurance Act)’’;
p.(None): (2) in subsection (a)(4)(B)(iii), by striking ‘‘or class of trans- actions’’ and inserting ‘‘class of transactions, or
p.(None): type of account’’;
p.(None): (3) in subsection (b)(1)(A), by striking ‘‘or class of trans- actions to be’’ and inserting ‘‘class of
p.(None): transactions, or type of account to be’’; and
p.(None): (4) in subsection (e)(3), by inserting ‘‘or subsection (i) or
p.(None): (j) of section 5318’’ after ‘‘identification of individuals under this section’’.
p.(None): (g) Section 5324(b) of title 31, United States Code, is amended by striking ‘‘5333’’ each place such term
p.(None): appears and inserting ‘‘5331’’.
p.(None): (h) Section 5332 of title 31, United States Code, is amended—
p.(None): (1) in subsection (b)(2), by striking ‘‘, subject to subsection
...
p.(None): System, before the end of the 3-year period beginning on the date of enactment of the National Intelligence
p.(None): Reform Act of 2004. ‘‘(B) TECHNOLOGICAL FEASIBILITY.—No regulations
p.(None): shall be prescribed under this subsection before the Sec- retary certifies to the Congress that the
p.(None): Financial Crimes Enforcement Network has the technological systems in place to effectively and efficiently
p.(None): receive, keep, exploit, protect the security of, and disseminate information from reports of cross-border
p.(None): electronic transmittals of funds to law enforcement and other entities engaged in efforts against
p.(None): money laundering and terrorist financing.’’.
p.(None): SEC. 6303. TERRORISM FINANCING.
p.(None): (a) REPORT ON TERRORIST FINANCING.—
p.(None): (1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the President, acting
p.(None): through the Secretary of the Treasury, shall submit to Congress a report evaluating the current state of
p.(None): United States efforts to curtail the international financing of terrorism.
p.(None): (2) CONTENTS.—The report required by paragraph (1) shall evaluate and make recommendations on—
p.(None): (A) the effectiveness and efficiency of current United States governmental efforts and methods to detect,
p.(None): track, disrupt, and stop terrorist financing;
p.(None): (B) the relationship between terrorist financing and money laundering, including how the laundering of
p.(None): pro- ceeds related to illegal narcotics or foreign political corrup- tion may contribute to terrorism or
p.(None): terrorist financing;
p.(None): (C) the nature, effectiveness, and efficiency of current efforts to coordinate intelligence and agency
p.(None): operations within the United States Government to detect, track, dis- rupt, and stop terrorist financing,
p.(None): including identifying who, if anyone, has primary responsibility for developing priorities, assigning tasks
p.(None): to agencies, and monitoring the implementation of policy and operations;
p.(None): (D) the effectiveness and efficiency of efforts to protect the critical infrastructure of the United States
p.(None): financial system, and ways to improve the effectiveness of financial institutions;
p.(None): (E) ways to improve multilateral and international governmental cooperation on terrorist financing,
p.(None): including the adequacy of agency coordination within the United States related to participating in international
p.(None): cooperative efforts and implementing international treaties and com- pacts; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3751
p.(None):
p.(None):
p.(None): (F) ways to improve the setting of priorities and coordination of United States efforts to
p.(None): detect, track, dis- rupt, and stop terrorist financing, including recommenda- tions for changes in executive
p.(None): branch organization or proce- dures, legislative reforms, additional resources, or use of appropriated funds.
p.(None): (b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND THRIFT EXAMINERS.—Section 10 of the Federal
p.(None): Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following: ‘‘(k) ONE-YEAR
...
p.(None): section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(c) REIMBURSEMENT.—
p.(None): ‘‘(1) IN GENERAL.—The court, in imposing a sentence on a defendant who has been convicted of an
p.(None): offense under sub- section (a), shall order the defendant to reimburse any state or local government, or
p.(None): private not-for-profit organization that provides fire or rescue service incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(2) LIABILITY.—A person ordered to make reimbursement under this subsection shall be jointly and
p.(None): severally liable for such expenses with each other person, if any, who is ordered to make reimbursement
p.(None): under this subsection for the same expenses.
p.(None):
p.(None):
p.(None): 118 STAT. 3766 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(3) CIVIL JUDGMENT.—An order of reimbursement under this subsection shall, for the purposes of enforcement, be
p.(None): treated as a civil judgment.
p.(None): ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not prohibit any lawfully authorized investigative,
p.(None): protective, or intel- ligence activity of a law enforcement agency of the United States, a State, or
p.(None): political subdivision of a State, or of an intelligence agency of the United States.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of sections as the begin- ning of chapter 47 of title 18, United States
p.(None): Code, is amended by adding after the item for section 1037 the following:
p.(None): ‘‘1038. False information and hoaxes.’’.
p.(None): SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
p.(None): (a) ENHANCED PENALTY.—Section 1001(a) and the third undesignated paragraph of section 1505 of title
p.(None): 18, United States Code, are amended by striking ‘‘be fined under this title or impris- oned not more than 5
p.(None): years, or both’’ and inserting ‘‘be fined under this title, imprisoned not more than 5 years or, if the offense
p.(None): involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or
p.(None): both’’.
p.(None):
p.(None): Deadline.
p.(None): 28 USC 994 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Weapons of Mass Destruction Prohibition Improvement Act of 2004.
p.(None): 18 USC 1 note.
p.(None): (b) SENTENCING GUIDELINES.—Not later than 30 days of the enactment of this section, the United States
p.(None): Sentencing Commission shall amend the Sentencing Guidelines to provide for an increased offense level for an
p.(None): offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves
p.(None): international or domestic terrorism, as defined in section 2331 of such title.
p.(None): SEC. 6704. CLARIFICATION OF DEFINITION.
p.(None): Section 1958 of title 18, United States Code, is amended—
...
p.(None): (A) in the heading, by striking ‘‘FISCAL YEAR 2004’’ and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and
p.(None): (B) in paragraph (1), by striking ‘‘2004’’ and inserting ‘‘2005 or 2006’’;
p.(None): (2) in section 3(2), by striking ‘‘and 2004,’’ and inserting ‘‘2004, 2005, and 2006’’; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 403.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 404.
p.(None): (3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’. 115 Stat. 405.
p.(None):
p.(None):
p.(None): 118 STAT. 3780 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Afghanistan Freedom Support Act Amendments of 2004.
p.(None): 22 USC 7501
p.(None): note.
p.(None): 22 USC 7511
p.(None): note.
p.(None): SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Afghani- stan Freedom Support Act Amendments of 2004’’.
p.(None): (b) COORDINATION OF ASSISTANCE.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) The United States and its allies in the international community have made progress in promoting economic and
p.(None): political reform within Afghanistan, including the establishment of a central government with a
p.(None): democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of
p.(None): the standard of living of many Afghans.
p.(None): (B) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democ- racy,
p.(None): and such a transition depends in particular upon—
p.(None): (i) improving security throughout the country;
p.(None): (ii) disarming and demobilizing militias;
p.(None): (iii) curtailing the rule of the warlords;
p.(None): (iv) promoting equitable economic development;
p.(None): (v) protecting the human rights of the people of Afghanistan;
p.(None): (vi) continuing to hold elections for public officials;
p.(None):
p.(None): and
p.(None): (vii) ending the cultivation, production, and traf-
p.(None): ficking of narcotics.
p.(None): (C) The United States and the international community must make a long-term commitment to addressing the
p.(None): unstable security situation in Afghanistan and the bur- geoning narcotics trade, endemic poverty, and other
p.(None): serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for
p.(None): international terrorism.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should take, with
p.(None): respect to Afghanistan, the following actions:
p.(None): (A) Work with other nations to obtain long-term secu- rity, political, and financial commitments and fulfillment
p.(None): of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act
p.(None): of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous
p.(None): Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
p.(None): (B) Use the voice and vote of the United States in relevant international organizations, including the
p.(None): North Atlantic Treaty Organization and the United Nations Secu- rity Council, to strengthen international
p.(None): commitments to assist the Government of Afghanistan in enhancing secu- rity, building national police and
p.(None): military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the
p.(None): country.
p.(None): (C) Take appropriate steps to increase the assistance provided under programs of the Department of State
p.(None): and the United States Agency for International Development throughout Afghanistan and to increase the
p.(None): number of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3781
p.(None):
p.(None):
p.(None): personnel of those agencies in Afghanistan as necessary to support the increased assistance.
p.(None): (c) COORDINATOR FOR ASSISTANCE.—
p.(None): (1) FINDINGS.—Congress makes the following findings:
p.(None): (A) The Final Report of the National Commission on Terrorist Attacks Upon the United States criticized
p.(None): the provision of United States assistance to Afghanistan for being too inflexible.
...
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7514
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadlines.
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None): of Representatives.
p.(None): ‘‘(2) CONTENTS.—The assistance plan submitted under paragraph (1) shall describe—
p.(None): ‘‘(A) how the plan relates to the strategy provided pursuant to section 304; and
p.(None): ‘‘(B) how the plan builds upon United States assistance provided to Afghanistan since 2001.
p.(None): ‘‘(d) COORDINATION WITH INTERNATIONAL COMMUNITY.—
p.(None): ‘‘(1) IN GENERAL.—The coordinator designated under sub- section (a) shall work with the international
p.(None): community and the Government of Afghanistan to ensure that assistance to Afghanistan is implemented in a
p.(None): coherent, consistent, and effi- cient manner to prevent duplication and waste.
p.(None): ‘‘(2) INTERNATIONAL FINANCIAL INSTITUTIONS.—The coordi-
p.(None): nator designated under subsection (a), under the direction of the Secretary of State, shall work through
p.(None): the Secretary of the Treasury and the United States Executive Directors at the international financial
p.(None): institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22
p.(None): U.S.C. 262r(c)(2))) to coordinate United States assistance for Afghanistan with international financial
p.(None): institutions.
p.(None): (e) GENERAL PROVISIONS RELATING TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.—
p.(None): (1) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL AND SOCIAL DEVELOPMENT.—
p.(None):
p.(None):
p.(None): 118 STAT. 3782 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7511
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7555.
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): (A) DECLARATION OF POLICY.—Congress reaffirms the authorities contained in title I of the Afghanistan Freedom
p.(None): Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic development assistance
p.(None): for Afghanistan.
p.(None): (B) PROVISION OF ASSISTANCE.—Section 103(a) of such Act (22 U.S.C. 7513(a)) is amended in the matter
p.(None): preceding paragraph (1) by striking ‘‘section 512 of Public Law 107– 115 or any other similar’’ and inserting ‘‘any
p.(None): other’’.
p.(None): (2) DECLARATIONS OF GENERAL POLICY.—Congress makes the following declarations:
p.(None): (A) The United States reaffirms the support that it and other countries expressed for the report
p.(None): entitled ‘‘Securing Afghanistan’s Future’’ in their Berlin Declaration of April 2004. The United States should
p.(None): help enable the growth needed to create an economically sustainable Afghanistan capable of the
p.(None): poverty reduction and social development foreseen in the report.
...
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
p.(None): levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to
p.(None): establish a responsible and community-based police force;
p.(None): ‘‘(v) support to increase the transparency, account- ability, and participatory nature of governmental
p.(None): institutions, including programs designed to combat corruption and other programs for the promotion of good
p.(None): governance, such as the development of regula- tions relating to financial disclosure for public officials,
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
p.(None): freedom, freedom of expression, and freedom of associa- tion, and support human rights monitoring.
p.(None): ‘‘(D) PROTECTION OF SITES.—To provide for the protec- tion of Afghanistan’s culture, history, and national identity,
p.(None): including the rehabilitation of Afghanistan’s museums and sites of cultural significance.’’.
p.(None): (3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513(a)(4)) is amended—
p.(None): (A) in subparagraph (K), by striking ‘‘and’’ at the end;
p.(None): (B) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(M) assistance in identifying and surveying key road and rail routes that are essential for economic
p.(None): renewal in Afghanistan and the region and support for the establishment of a customs service and
p.(None): training for customs officers.’’.
p.(None): (g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
...
p.(None): U.S.C. 7518(a)) is amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ and all that follows and
p.(None): inserting ‘‘such sums as may be necessary for each of the fiscal years 2005 and 2006.’’.
p.(None): SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Despite a long history of friendly relations with the United States, there have been problems in
p.(None): cooperation between the United States and Saudi Arabia.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3789
p.(None):
p.(None): (2) The Government of Saudi Arabia has not always responded promptly or fully to United States requests
p.(None): for assist- ance in the global war on Islamist terrorism.
p.(None): (3) The Government of Saudi Arabia has not done all it can to prevent financial or other support from being
p.(None): provided to, or reaching, extremist organizations in Saudi Arabia or other countries.
p.(None): (4) Counterterrorism cooperation between the Governments of the United States and Saudi Arabia has improved
p.(None): signifi- cantly since the terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003, and the
p.(None): Government of Saudi Arabia is now pursuing al Qaeda and other terror groups operating inside Saudi Arabia.
p.(None): (5) The United States must enhance its cooperation and strong relationship with Saudi Arabia based upon
p.(None): a shared and public commitment to political and economic reform, greater tolerance and respect for
p.(None): religious and cultural diversity and joint efforts to prevent funding for and support of extremist organizations in
p.(None): Saudi Arabia and elsewhere.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that there should be a more robust dialogue between
p.(None): the people and Government of the United States and the people and Government of Saudi Arabia in order
p.(None): to improve the relationship between the United States and Saudi Arabia.
p.(None): SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While support for the United States has plummeted in the Islamic world, many negative views are
p.(None): uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures.
p.(None): (2) Local newspapers in countries with predominantly Muslim populations and influential broadcasters
p.(None): who reach Muslim audiences through satellite television often reinforce the idea that the people and Government
p.(None): of the United States are anti-Muslim.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the Government of the United States should offer an example of moral leadership in the world that
p.(None): includes a commitment to treat all people humanely, abide by the rule of law, and be generous to the
p.(None): people and governments of other countries;
p.(None): (2) the United States should cooperate with governments of countries with predominantly Muslim populations
p.(None): to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better
p.(None): future that includes stressing life over death, individual educational and economic oppor- tunity, widespread
p.(None): political participation, contempt for violence, respect for the rule of law, openness in discussing
p.(None): differences, and tolerance for opposing points of view;
p.(None): (3) the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and
p.(None): (4) the United States should work to defeat extremism in all its form, especially in nations with predominantly
p.(None): Muslim populations by providing assistance to governments, non-
p.(None):
p.(None):
p.(None): 118 STAT. 3790 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): governmental organizations, and individuals who promote mod- ernization.
p.(None): SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that short-term gains enjoyed by the United States through cooperation with
p.(None): repressive dictatorships have often been out- weighed by long-term setbacks for the stature and
p.(None): interests of the United States.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) United States foreign policy should promote the impor- tance of individual educational and economic
p.(None): opportunity, encourage widespread political participation, condemn violence, and promote respect for the rule of law,
p.(None): openness in discussing differences among people, and tolerance for opposing points of view; and
p.(None): (2) the United States Government must encourage the governments of all countries with predominantly Muslim popu-
p.(None): lations, including those that are friends and allies of the United States, to promote the value of life and the
p.(None): importance of individual education and economic opportunity, encourage wide- spread political participation,
p.(None): condemn violence and promote the rule of law, openness in discussing differences among people, and
p.(None): tolerance for opposing points of view.
p.(None):
p.(None): 22 USC 1431
p.(None): note.
p.(None): SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
p.(None): (a) PROMOTION OF UNITED STATES VALUES THROUGH BROAD-
p.(None): CAST MEDIA.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and
p.(None): criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly
p.(None): presented nor widely understood.
p.(None): (B) If the United States does not act to vigorously define its message in countries with predominantly Muslim
p.(None): populations, the image of the United States will be defined by Islamic extremists who seek to demonize the
p.(None): United States.
p.(None): (C) Recognizing that many Muslim audiences rely on satellite television and radio, the United States
p.(None): Govern- ment has launched promising initiatives in television and radio broadcasting to the Islamic world,
p.(None): including Iran and Afghanistan.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (A) the United States must do more to defend and promote its values and ideals to the broadest
p.(None): possible audience in countries with predominantly Muslim popu- lations;
p.(None): (B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate
...
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
p.(None): and the United States and Jordan.
p.(None): (4) Existing and proposed free trade agreements between the United States and countries with predominantly
p.(None): Muslim populations are drawing interest from other countries in the Middle East region, and countries with
p.(None): predominantly Muslim populations can become full participants in the rules-based global trading system, as the
p.(None): United States considers lowering its barriers to trade.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) a comprehensive United States strategy to counter ter- rorism should include economic policies that encourage
p.(None): develop- ment, open societies, and opportunities for people to improve the lives of their families and to
p.(None): enhance prospects for their children’s future;
p.(None): (2) one element of such a strategy should encompass the lowering of trade barriers with the poorest countries
p.(None): that have a significant population of Muslim individuals;
p.(None): (3) another element of such a strategy should encompass United States efforts to promote economic reform
p.(None): in countries that have a significant population of Muslim individuals, including efforts to integrate
p.(None): such countries into the global trading system; and
p.(None): (4) given the importance of the rule of law in promoting economic development and attracting investment,
...
p.(None): recommended for the future;
p.(None): (C) measures that could be taken to ensure that all forms of foreign assistance to Pakistan have the
p.(None): greatest possible long-term positive impact on the welfare of the Pakistani people and on the ability of
p.(None): Pakistan to cooperate in global efforts against terror; and
p.(None): (D) measures that could be taken to alleviate difficul- ties, misunderstandings, and complications in the
p.(None): relation- ship between the United States and Pakistan.
p.(None): (3) COLLABORATION WITH SAUDI ARABIA.—A description of the strategy of the United States for expanding
p.(None): collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance, including
p.(None): a description of—
p.(None): (A) steps that could usefully be taken to institutionalize and make more transparent government to government
p.(None): relationships between the United States and Saudi Arabia, including the utility of undertaking periodic, formal,
p.(None): and visible high-level dialogues between government officials of both countries to address challenges in the
p.(None): relationship between the 2 governments and to identify areas and mechanisms for cooperation;
p.(None): (B) intelligence and security cooperation between the United States and Saudi Arabia in the fight
p.(None): against Islamist terrorism;
p.(None): (C) ways to increase the contribution of Saudi Arabia to the stability of the Middle East and the
p.(None): Islamic world, particularly to the Middle East peace process, by elimi- nating support from or within
p.(None): Saudi Arabia for extremist groups or tendencies;
p.(None): (D) political and economic reform in Saudi Arabia and throughout the Islamic world;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3805
p.(None):
p.(None): (E) ways to promote greater tolerance and respect for cultural and religious diversity in Saudi
p.(None): Arabia and throughout the Islamic world; and
p.(None): (F) ways to assist the Government of Saudi Arabia in reversing the impact of any financial, moral,
p.(None): intellectual, or other support provided in the past from Saudi sources to extremist groups in Saudi
p.(None): Arabia and other countries, and to prevent this support from continuing in the future.
p.(None): (4) STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.—A descrip- tion of a cohesive, long-term strategy of the
p.(None): United States to help win the struggle of ideas in the Islamic world, including the following:
p.(None): (A) A description of specific goals related to winning this struggle of ideas.
p.(None): (B) A description of the range of tools available to the United States Government to accomplish such
p.(None): goals and the manner in which such tools will be employed.
p.(None): (C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of such
p.(None): goals.
p.(None): (D) A description of any additional resources that may be necessary to help win this struggle of ideas.
p.(None): (E) Any recommendations for the creation of, and United States participation in, international
p.(None): institutions for the promotion of democracy and economic diversification in the Islamic world, and intraregional trade
p.(None): in the Middle East.
...
p.(None): (3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
p.(None): (c) ENUMERATION AT BIRTH.—
p.(None): (1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as practicable after the date of enactment of this Act, the
p.(None): Commis- sioner of Social Security shall undertake to make improvements to the enumeration at birth program for the
p.(None): issuance of social security account numbers to newborns. Such improvements shall be designed to prevent—
p.(None): (A) the assignment of social security account numbers to unnamed children;
p.(None): (B) the issuance of more than 1 social security account number to the same child; and
p.(None): (C) other opportunities for fraudulently obtaining a social security account number.
p.(None): (2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Commissioner shall transmit to each House of Congress a report specifying in detail the extent to which
p.(None): the improvements required under paragraph (1) have been made.
p.(None): (d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.—
p.(None): (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Commissioner of
p.(None): Social Security shall conduct a study to determine the most efficient options for ensuring the integrity
p.(None): of the process for enumeration at birth. This study shall include an examination of available methods for
p.(None): reconciling hospital birth records with birth reg- istrations submitted to agencies of States and political
p.(None): subdivi- sions thereof and with information provided to the Commis- sioner as part of the process for
p.(None): enumeration at birth.
p.(None): (2) REPORT.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3832 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Commissioner
p.(None): shall submit a report to the Committee on Ways and Means of the House of Representatives and the
p.(None): Committee on Finance of the Senate regarding the results of the study conducted under paragraph (1).
p.(None): (B) CONTENTS.—The report submitted under subpara- graph (A) shall contain such recommendations for legisla-
p.(None): tive changes as the Commissioner considers necessary to implement needed improvements in the
p.(None): process for enumeration at birth.
p.(None): (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commissioner of Social Security
p.(None): for each of the fiscal years 2005 through 2009, such sums as may be nec- essary to carry out this section.
p.(None): SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER’S LICENSES OR
p.(None): MOTOR VEHICLE REGISTRATIONS.
p.(None): (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—
p.(None): (1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and
p.(None): (2) by adding at the end the following new subclause: ‘‘(II) Any State or political subdivision thereof (and
p.(None): any person acting as an agent of such an agency or instrumentality), in the administration of any
p.(None): driver’s license or motor vehicle registration law within its jurisdiction, may not display a social security
p.(None): account number issued by the Commissioner of Social Security (or any derivative of such number) on any
p.(None): driver’s license, motor vehicle registration, or personal identification card (as defined in section
p.(None): 7212(a)(2) of the 9/11 Commission Implementation Act of 2004), or include, on any such license, registration,
p.(None): or personal identifica- tion card, a magnetic strip, bar code, or other means of communica-
p.(None): tion which conveys such number (or derivative thereof).’’.
p.(None):
p.(None): 42 USC 405 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 123.
p.(None): (b) EFFECTIVE DATE.—The amendment made by subsection (a)(2) shall apply with respect to licenses, registrations,
p.(None): and identi- fication cards issued or reissued 1 year after the date of enactment of this Act.
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commissioner of Social
p.(None): Security for each of the fiscal years 2005 through 2009, such sums as may be nec- essary to carry out this
p.(None): section.
p.(None): SEC. 7215. TERRORIST TRAVEL PROGRAM.
p.(None): The Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism
p.(None): Center, and consistent with the strategy developed under section 7201, shall establish a program to
p.(None): oversee the implementation of the Department’s responsibilities with respect to terrorist travel, including
...
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Ter- rorist Financing
p.(None): SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERA- TION TO FIGHT TERRORIST FINANCING.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The global war on terrorism and cutting off terrorist financing is a policy priority for the United
p.(None): States and its partners, working bilaterally and multilaterally through the United Nations, the United
p.(None): Nations Security Council and its committees, such as the 1267 and 1373 Committees, the Finan- cial Action Task
p.(None): Force (FATF), and various international finan- cial institutions, including the International Monetary Fund
p.(None): (IMF), the International Bank for Reconstruction and Develop- ment (IBRD), and the regional multilateral development
p.(None): banks, and other multilateral fora.
p.(None): (2) The international financial community has become engaged in the global fight against terrorist
p.(None): financing. The Financial Action Task Force has focused on the new threat posed by terrorist financing
p.(None): to the international financial system, resulting in the establishment of the FATF’s Eight Special
p.(None): Recommendations on Terrorist Financing as the inter- national standard on combating terrorist financing. The
p.(None): Group of Seven and the Group of Twenty Finance Ministers are devel- oping action plans to curb the financing of
p.(None): terror. In addition, other economic and regional fora, such as the Asia-Pacific Eco- nomic Cooperation (APEC)
p.(None): Forum, and the Western Hemi- sphere Financial Ministers, have been used to marshal political will and actions in
p.(None): support of combating the financing of ter- rorism (CFT) standards.
p.(None): (3) FATF’s Forty Recommendations on Money Laundering and the Eight Special Recommendations on Terrorist Financing
p.(None): are the recognized global standards for fighting money laun- dering and terrorist financing. The FATF has
p.(None): engaged in an assessment process for jurisdictions based on their compliance with these standards.
p.(None): (4) In March 2004, the IMF and IBRD Boards agreed to make permanent a pilot program of collaboration
p.(None): with the FATF to assess global compliance with the FATF Forty Rec- ommendations on Money Laundering and
p.(None): the Eight Special Recommendations on Terrorist Financing. As a result, anti- money laundering (AML) and
p.(None): combating the financing of ter- rorism (CFT) assessments are now a regular part of their Financial Sector
p.(None): Assessment Program (FSAP) and Offshore Financial Center assessments, which provide for a comprehen- sive analysis
p.(None): of the strength of a jurisdiction’s financial system. These reviews assess potential systemic vulnerabilities,
p.(None): con- sider sectoral development needs and priorities, and review
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3859
p.(None):
p.(None):
p.(None): the state of implementation of and compliance with key finan- cial codes and regulatory standards, among them
p.(None): the AML and CFT standards.
p.(None): (5) To date, 70 FSAPs have been conducted, with over
p.(None): 24 of those incorporating AML and CFT assessments. The international financial institutions (IFIs), the
p.(None): FATF, and the FATF-style regional bodies together are expected to assess AML and CFT regimes in up to 40
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p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
p.(None): individuals with diverse ethnic, cul- tural, and linguistic backgrounds;
p.(None): ‘‘(v) make service in more than one element of the intel- ligence community a condition of promotion to
p.(None): such positions within the intelligence community as the Director shall specify; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Policies.
p.(None): ‘‘(vi) ensure the effective management of intelligence community personnel who are responsible
p.(None): for intelligence community-wide matters.
p.(None): ‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies
p.(None): otherwise applicable to members of the uniformed services.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure compli- ance with the Constitution and laws of
p.(None): the United States by the Central Intelligence Agency and shall ensure such compliance by other elements
p.(None): of the intelligence community through the host executive departments that manage the programs and
p.(None): activities that are part of the National Intelligence Program.
p.(None): ‘‘(5) The Director of National Intelligence shall ensure the elimi- nation of waste and unnecessary duplication within
p.(None): the intelligence community.
p.(None):
p.(None):
p.(None): 118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None): ‘‘(6) The Director of National Intelligence shall establish requirements and priorities for foreign
p.(None): intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
p.(None): et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic
p.(None): surveil- lance or physical searches under that Act is disseminated so it may be used efficiently and
p.(None): effectively for national intelligence purposes, except that the Director shall have no authority to direct or
p.(None): undertake electronic surveillance or physical search operations pursuant to that Act unless authorized by
p.(None): statute or Executive order.
p.(None): ‘‘(7) The Director of National Intelligence shall perform such other functions as the President may direct.
...
p.(None): Intel- ligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not
p.(None): count against any personnel ceiling applicable to the Office of the Director of National Intel- ligence.
p.(None): Subtitle F—Privacy and Civil Liberties
p.(None):
p.(None):
p.(None): 5 USC 601 note.
p.(None): SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) In conducting the war on terrorism, the Federal Govern- ment may need additional powers and may need to
p.(None): enhance the use of its existing powers.
p.(None): (2) This potential shift of power and authority to the Fed- eral Government calls for an enhanced system of
p.(None): checks and balances to protect the precious liberties that are vital to our way of life.
p.(None): (b) ESTABLISHMENT OF BOARD.—There is established within the Executive Office of the President a Privacy and
p.(None): Civil Liberties Oversight Board (referred to in this section as the ‘‘Board’’).
p.(None): (c) FUNCTIONS.—
p.(None): (1) ADVICE AND COUNSEL ON DEVELOPMENT AND IMPLEMENTATION OF POLICY.—For the
p.(None): purpose of providing advice to the President or to the head of any department or agency of the executive
p.(None): branch, the Board shall—
p.(None): (A) review proposed regulations and executive branch policies related to efforts to protect the Nation
p.(None): from ter- rorism, including the development and adoption of informa- tion sharing guidelines under subsections
p.(None): (d) and (f) of section 1016;
p.(None): (B) review the implementation of laws, regulations, and executive branch policies related to efforts to
p.(None): protect the Nation from terrorism, including the implementation
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3685
p.(None):
p.(None): of information sharing guidelines under subsections (d) and (f) of section 1016;
p.(None): (C) advise the President and the head of any depart- ment or agency of the executive branch to ensure
p.(None): that privacy and civil liberties are appropriately considered in the development and implementation of such
p.(None): regulations and executive branch policies; and
p.(None): (D) in providing advice on proposals to retain or enhance a particular governmental power,
p.(None): consider whether the department, agency, or element of the execu- tive branch concerned has explained—
p.(None): (i) that there is adequate supervision of the use by the executive branch of the power to ensure protec- tion
p.(None): of privacy and civil liberties;
p.(None): (ii) that there are adequate guidelines and over- sight to properly confine the use of the power; and
p.(None): (iii) that the need for the power, including the risk presented to the national security if the Federal
p.(None): Government does not take certain actions, is balanced with the need to protect privacy and civil liberties.
p.(None): (2) OVERSIGHT.—The Board shall continually review—
p.(None): (A) regulations, executive branch policies, and proce- dures (including the implementation of such
p.(None): regulations, policies, and procedures), related laws pertaining to efforts to protect the Nation from terrorism,
p.(None): and other actions by the executive branch related to efforts to protect the Nation from terrorism to
p.(None): ensure that privacy and civil liberties are protected; and
p.(None): (B) the information sharing practices of the depart- ments, agencies, and elements of the executive
p.(None): branch to determine whether or not such practices appropriately pro- tect privacy and civil liberties and adhere
p.(None): to the informa- tion sharing guidelines under subsections (d) and (f) of section 1016 and to other
p.(None): applicable laws, regulations, and executive branch policies regarding the protection of pri- vacy and civil
p.(None): liberties.
p.(None): (3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are
p.(None): appropriately consid- ered in the implementation of laws, regulations, and executive branch policies related to
p.(None): efforts to protect the Nation against terrorism.
p.(None): (4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report
p.(None): to Congress, unclassified to the greatest extent possible (with a classified annex, if necessary), on the
p.(None): Board’s major activities during the preceding period.
p.(None): (d) ACCESS TO INFORMATION.—
p.(None): (1) AUTHORIZATION.—If determined by the Board to be nec- essary to carry out its responsibilities under this
p.(None): section, the Board is authorized, to the extent permitted by law, to—
p.(None): (A) have access from any department or agency of the executive branch, or any Federal officer or
p.(None): employee of any such department or agency, to all relevant records, reports, audits, reviews, documents, papers,
p.(None): recommenda- tions, or other relevant material, including classified information consistent with applicable
p.(None): law;
p.(None):
p.(None):
p.(None): 118 STAT. 3686 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interview or take statements from officers of any department or agency of the executive branch;
p.(None): (C) request information or assistance from any State, tribal, or local government; and
p.(None): (D)(i) request that persons (other than departments, agencies, and elements of the executive branch)
p.(None): produce for the Board relevant information, documents, reports, answers, records, accounts, papers, and other
p.(None): documentary and testimonial evidence; and
p.(None):
p.(None): Deadline. Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): extent possible under applicable proce- dures and requirements. Promptly upon commencing its work, the
p.(None): Board shall adopt, after consultation with the Secretary of Defense, the Attorney General, and the National
p.(None): Intelligence Director, rules and procedures of the Board for physical, communications, com- puter, document,
p.(None): personnel, and other security in relation to the work of the Board.
p.(None): (i) APPLICABILITY OF CERTAIN LAWS.—
p.(None): (1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not
p.(None): apply with respect to the Board and its activities.
p.(None): (2) FREEDOM OF INFORMATION ACT.—For purposes of the Freedom of Information Act, the Board shall be
p.(None): treated as an agency (as that term is defined in section 551(1) of title 5, United States Code).
p.(None): (j) CONSTRUCTION.—Except as otherwise provided in this sec- tion, nothing in this section shall be
p.(None): construed to require any consultation with the Board by any department or agency of the executive branch
p.(None): or any Federal officer or employee, or any waiting period that must be observed by any department or agency
p.(None): of the executive branch or any Federal officer or employee, before developing, proposing, or implementing any
p.(None): legislation, law, regula- tion, policy, or guideline related to efforts to protect the Nation from terrorism.
p.(None): (k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform its functions within the executive branch
p.(None): and under the general supervision of the President.
p.(None): (l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary
p.(None): to carry out this section.
p.(None): SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL LIBERTIES OFFICERS.
p.(None): It is the sense of Congress that each executive department or agency with law enforcement or
p.(None): antiterrorism functions should designate a privacy and civil liberties officer.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): 118 STAT. 3689
p.(None):
p.(None): SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR
p.(None): OF THE CENTRAL INTELLIGENCE AGENCY.
p.(None): (a) NATIONAL SECURITY ACT OF 1947.—(1) The National Secu- rity Act of 1947 (50 U.S.C. 401 et seq.)
p.(None): is amended by striking ‘‘Director of Central Intelligence’’ each place it appears in the fol- lowing
p.(None): provisions and inserting ‘‘Director of National Intelligence’’:
p.(None): (A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
p.(None): (B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
p.(None): (C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)). (D) Section 101(j) (50 U.S.C. 402(j)).
p.(None): (E) Section 105(a) (50 U.S.C. 403–5(a)).
p.(None): (F) Section 105(b)(6)(A) (50 U.S.C. 403–5(b)(6)(A)).
p.(None): (G) Section 105B(a)(1) (50 U.S.C. 403–5b(a)(1)).
p.(None): (H) Section 105B(b) (50 U.S.C. 403–5b(b)), the first place it appears.
p.(None): (I) Section 110(b) (50 U.S.C. 404e(b)).
...
p.(None): thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing
p.(None): information-sharing principles.
p.(None):
p.(None): Government organization.
p.(None): 28 USC 532 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 28 USC 532 note.
p.(None): SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
p.(None): (a) DIRECTORATE OF INTELLIGENCE OF FEDERAL BUREAU OF INVESTIGATION.—The element of the Federal Bureau
p.(None): of Investiga- tion known as of the date of the enactment of this Act as the Office of Intelligence is
p.(None): hereby redesignated as the Directorate of Intelligence of the Federal Bureau of Investigation.
p.(None): (b) HEAD OF DIRECTORATE.—The head of the Directorate of Intelligence shall be the Executive Assistant
p.(None): Director for Intel- ligence of the Federal Bureau of Investigation.
p.(None): (c) RESPONSIBILITIES.—The Directorate of Intelligence shall be responsible for the following:
p.(None): (1) Supervision of all national intelligence programs, projects, and activities of the Bureau.
p.(None): (2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of
p.(None): 1947 (50 U.S.C. 403–5b).
p.(None): (3) The oversight of Bureau field intelligence operations.
p.(None): (4) Coordinating human source development and manage- ment by the Bureau.
p.(None): (5) Coordinating collection by the Bureau against nation- ally-determined intelligence requirements.
p.(None): (6) Strategic analysis.
p.(None): (7) Intelligence program and budget management.
p.(None): (8) The intelligence workforce.
p.(None): (9) Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by
p.(None): law.
p.(None): (d) STAFF.—The Directorate of Intelligence shall consist of such staff as the Director of the Federal Bureau of
p.(None): Investigation considers appropriate for the activities of the Directorate.
p.(None): SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
p.(None): (a) ESTABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.—The Director of
p.(None): the Federal Bureau of Investigation may—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3703
p.(None):
p.(None): (1) in consultation with the Director of the Office of Per- sonnel Management—
p.(None): (A) establish positions for intelligence analysts, and prescribe standards and procedures for establishing
p.(None): and classifying such positions, without regard to chapter 51 of title 5, United States Code; and
p.(None): (B) fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5,
p.(None): United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV
p.(None): of the Executive Schedule;
p.(None): (2) appoint individuals to such positions; and
p.(None): (3) establish a performance management system for such individuals with at least one level of performance
p.(None): above a retention standard.
p.(None): (b) REPORTING REQUIREMENT.—Not less than 60 days before the date of the implementation of authorities
...
p.(None): Representa- tives.
p.(None):
p.(None):
p.(None): 118 STAT. 3740 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle E—Treatment of Aliens Who Com- mit Acts of Torture, Extrajudicial Kill- ings, or Other Atrocities Abroad
p.(None): SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL
p.(None): KILLINGS ABROAD.
p.(None): (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is
p.(None): amended—
p.(None): (1) in clause (ii), by striking ‘‘has engaged in conduct that is defined as genocide for purposes of the International
p.(None): Conven- tion on the Prevention and Punishment of Genocide is inadmis- sible’’ and inserting ‘‘ordered, incited,
p.(None): assisted, or otherwise participated in conduct outside the United States that would, if committed in
p.(None): the United States or by a United States national, be genocide, as defined in section 1091(a) of
p.(None): title 18, United States Code, is inadmissible’’;
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(iii) COMMISSION OF ACTS OF TORTURE OR
p.(None): EXTRAJUDICIAL KILLINGS.—Any alien who, outside the United States, has committed, ordered, incited,
p.(None): assisted, or otherwise participated in the commission of—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1182 note.
p.(None): ‘‘(I) any act of torture, as defined in section 2340 of title 18, United States Code; or
p.(None): ‘‘(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the
p.(None): Torture Victim Protection Act of 1991 (28
p.(None): U.S.C. 1350 note), is inadmissible.’’; and
p.(None): (3) in the subparagraph heading, by striking ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’ and inserting
p.(None): ‘‘PARTICI- PANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL
p.(None): KILLING’’.
p.(None): (b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended—
p.(None): (1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’; and
p.(None): (2) in the subparagraph heading, by striking ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and
p.(None): inserting ‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF
p.(None): TORTURE OR EXTRAJUDICIAL KILLING’’.
p.(None): (c) EFFECTIVE DATE.—The amendments made by this section shall apply to offenses committed before, on, or
p.(None): after the date of enactment of this Act.
p.(None): SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE
p.(None): COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): (a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1182(a)(2)(G)) is amended to read as follows:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3741
p.(None):
...
p.(None): 2004’’.
p.(None): (b) FINDINGS.—Congress finds that—
p.(None): (1) employment of private security officers in the United States is growing rapidly;
p.(None): (2) private security officers function as an adjunct to, but not a replacement for, public law
p.(None): enforcement by helping to reduce and prevent crime;
p.(None): (3) such private security officers protect individuals, prop- erty, and proprietary information, and
p.(None): provide protection to such diverse operations as banks, hospitals, research and development centers,
p.(None): manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power
p.(None): plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office
p.(None): complexes, schools, residential properties, apartment complexes, gated communities, and others;
p.(None): (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its
p.(None): public areas, and are supplemented by private security officers;
p.(None): (5) the threat of additional terrorist attacks requires cooperation between public and private
p.(None): sectors and demands professional, reliable, and responsible security officers for the protection of people,
p.(None): facilities, and institutions;
p.(None): (6) the trend in the Nation toward growth in such security services has accelerated rapidly;
p.(None): (7) such growth makes available more public sector law enforcement officers to combat serious and
p.(None): violent crimes, including terrorism;
p.(None): (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an
p.(None): adjunct to sworn law enforcement officers; and
p.(None): (9) private security officers and applicants for private secu- rity officer positions should be thoroughly screened and
p.(None): trained.
p.(None): (c) DEFINITIONS.—In this section:
p.(None): (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as
p.(None): a private security officer.
p.(None): (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that—
p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
...
p.(None): ‘personnel’ unless that person has knowingly provided, attempted to provide, or con- spired to provide a
p.(None): foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under
p.(None): that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the
p.(None): operation of that organization. Individuals who act entirely independently of the foreign terrorist
p.(None): organization to advance its goals or objectives shall not be consid- ered to be working under the foreign
p.(None): terrorist organization’s direc- tion and control.
p.(None): ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or applied so as to abridge
p.(None): the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
p.(None):
p.(None):
p.(None): 118 STAT. 3764 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(j) EXCEPTION.—No person may be prosecuted under this sec- tion in connection with the term
p.(None): ‘personnel’, ‘training’, or ‘expert advice or assistance’ if the provision of that material support or
p.(None): resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence
p.(None): of the Attorney General. The Secretary of State may not approve the provision of any mate- rial support that may
p.(None): be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and
p.(None): Nation- ality Act).’’.
p.(None):
p.(None): 18 USC 2332b
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC 2339C.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC 2339C.
p.(None): (g) SUNSET PROVISION.—
p.(None): (1) IN GENERAL.—Except as provided in paragraph (2), this section and the amendments made by this section shall
p.(None): cease to be effective on December 31, 2006.
p.(None): (2) EXCEPTION.—This section and the amendments made by this section shall continue in effect with respect
p.(None): to any particular offense that—
p.(None): (A) is prohibited by this section or amendments made by this section; and
p.(None): (B) began or occurred before December 31, 2006.
p.(None): SEC. 6604. FINANCING OF TERRORISM.
p.(None): (a) FINANCING TERRORISM.—Section 2339c(c)(2) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or resources, or any funds or proceeds of such
p.(None): funds’’;
p.(None): (2) in subparagraph (A), by striking ‘‘were provided’’ and inserting ‘‘are to be provided, or knowing
p.(None): that the support or resources were provided,’’; and
p.(None): (3) in subparagraph (B)—
p.(None): (A) by striking ‘‘or any proceeds of such funds’’; and
p.(None): (B) by striking ‘‘were provided or collected’’ and inserting ‘‘are to be provided or collected, or
p.(None): knowing that the funds were provided or collected,’’.
p.(None): (b) DEFINITIONS.—Section 2339c(e) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘and’’ at the end of paragraph (12);
p.(None): (2) by redesignating paragraph (13) as paragraph (14);
p.(None):
p.(None): and
...
p.(None): participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear
p.(None): weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or
p.(None): conspires to do so, shall be imprisoned for not more than 20 years.
p.(None): ‘‘(b) There is extraterritorial Federal jurisdiction over an offense under this section.
p.(None): ‘‘(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess
p.(None): a radiological weapon, or threatens to use or uses a radiological weapon against any person within the
p.(None): United States, or a national of the United States while such national is outside of the United States or
p.(None): against any property that is owned, leased, funded, or used by the United States, whether that property
p.(None): is within or outside of the United States, shall be imprisoned for any term of years or for life.
p.(None): ‘‘(d) As used in this section—
p.(None): ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
p.(None): to participation in nuclear and weapons of mass destruction threats to the United States)’’.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
p.(None): SEC. 6901. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’.
p.(None): SEC. 6902. FINDINGS AND PURPOSE.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘MANPADS’’) presents
p.(None): a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that
p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194.
p.(None):
p.(None): and
p.(None): (iv) the interoperability needs for daily operations
p.(None): and catastrophic events;
p.(None): (E) encourage the development and implementation of flexible and open architectures incorporating, where pos-
p.(None): sible, technologies that currently are commercially avail- able, with appropriate levels of security, for
p.(None): short-term and long-term solutions to public safety communications interoperability;
p.(None): (F) assist other Federal agencies in identifying prior- ities for research, development, and testing and
p.(None): evaluation with regard to public safety interoperable communications;
p.(None): (G) identify priorities within the Department of Home- land Security for research, development, and testing and
p.(None):
p.(None):
p.(None): 118 STAT. 3844 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): evaluation with regard to public safety interoperable communications;
p.(None): (H) establish coordinated guidance for Federal grant programs for public safety interoperable
p.(None): communications;
p.(None): (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition
p.(None): strategies, interoperability architectures, training, and other functions necessary to achieve public safety
p.(None): communications inter- operability;
p.(None): (J) develop and disseminate best practices to improve public safety communications interoperability; and
p.(None): (K) develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward
p.(None): achieving public safety communications interoper- ability, including the development of national voluntary
p.(None): consensus standards.
p.(None): (2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.—
p.(None): (A) ESTABLISHMENT OF OFFICE.—The Secretary may establish an Office for Interoperability and Compatibility
p.(None): within the Directorate of Science and Technology to carry out this subsection.
p.(None): (B) FUNCTIONS.—If the Secretary establishes such office, the Secretary shall, through such office—
p.(None): (i) carry out Department of Homeland Security responsibilities and authorities relating to the
p.(None): SAFECOM Program; and
p.(None): (ii) carry out section 510 of the Homeland Security Act of 2002, as added by subsection (d).
p.(None): (3) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated to the Secretary to carry out
p.(None): this subsection—
p.(None): (A) $22,105,000 for fiscal year 2005;
p.(None): (B) $22,768,000 for fiscal year 2006;
p.(None): (C) $23,451,000 for fiscal year 2007;
p.(None): (D) $24,155,000 for fiscal year 2008; and
p.(None): (E) $24,879,000 for fiscal year 2009.
p.(None): (b) REPORT.—Not later than 120 days after the date of enact- ment of this Act, the Secretary shall
p.(None): report to the Congress on Department of Homeland Security plans for accelerating the development of
p.(None): national voluntary consensus standards for public safety interoperable communications, a schedule of
p.(None): milestones for such development, and achievements of such development.
p.(None):
p.(None): Deadline. President. Canada. Mexico.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 321.
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194 note. Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3848 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (4) such other criteria reflecting a community’s risk and vulnerability as the Secretary determines is
p.(None): appropriate.
p.(None): (d) INTERAGENCY ASSISTANCE.—The Secretary of Homeland Security shall consult with the Secretary of
p.(None): Defense as necessary for the development of the pilot projects required by this section, including
p.(None): examining relevant standards, equipment, and protocols in order to improve interagency communication
p.(None): among first responders.
p.(None): (e) REPORTS TO CONGRESS.—The Secretary of Homeland Secu- rity shall submit to Congress—
p.(None): (1) an interim report regarding the progress of the inter- agency communications pilot projects required
p.(None): by this section 6 months after the date of enactment of this Act; and
p.(None): (2) a final report 18 months after that date of enactment.
p.(None): (f) FUNDING.—There are authorized to be made available to the Secretary of Homeland Security, such sums as may
p.(None): be necessary to carry out this section.
p.(None): SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Private sector organizations own 85 percent of the Nation’s critical infrastructure and employ the
p.(None): vast majority of the Nation’s workers.
p.(None): (2) Preparedness in the private sector and public sector for rescue, restart and recovery of operations
p.(None): should include, as appropriate—
p.(None): (A) a plan for evacuation;
p.(None): (B) adequate communications capabilities; and
p.(None): (C) a plan for continuity of operations.
p.(None): (3) The American National Standards Institute rec- ommends a voluntary national preparedness standard
p.(None): for the private sector based on the existing American National Standard on Disaster/Emergency
p.(None): Management and Business Continuity Programs (NFPA 1600), with appropriate modifica- tions. This standard
p.(None): establishes a common set of criteria and terminology for preparedness, disaster management, emergency management,
p.(None): and business continuity programs.
p.(None): (4) The mandate of the Department of Homeland Security extends to working with the private sector, as well as
p.(None): govern- ment entities.
p.(None): (b) SENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS.— It is the sense of Congress that the Secretary of Homeland
p.(None): Security should promote, where appropriate, the adoption of voluntary national preparedness standards
p.(None): such as the private sector preparedness standard developed by the American National Stand- ards Institute and
p.(None): based on the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business
p.(None): Continuity Programs.
p.(None): SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESS- MENTS.
...
p.(None): (B) to identify priorities for protective and supportive measures; and
p.(None): (C) to develop a comprehensive national plan for securing the key resources and critical
p.(None): infrastructure of the United States.
p.(None): (2) Under Homeland Security Presidential Directive 7, issued on December 17, 2003, the Secretary of
p.(None): Homeland Secu- rity was given 1 year to develop a comprehensive plan to identify, prioritize, and
p.(None): coordinate the protection of critical infrastructure and key resources.
p.(None): (3) The report of the National Commission on Terrorist Attacks Upon the United States recommended that
p.(None): the Sec- retary of Homeland Security should—
p.(None): (A) identify those elements of the United States’ transportation, energy, communications,
p.(None): financial, and other institutions that need to be protected;
p.(None): (B) develop plans to protect that infrastructure; and
p.(None): (C) exercise mechanisms to enhance preparedness.
p.(None): (b) REPORTS ON RISK ASSESSMENT AND READINESS.—Not later than 180 days after the date of enactment of
p.(None): this Act, and in conjunction with the reporting requirements of Public Law 108– 330, the Secretary of
p.(None): Homeland Security shall submit a report to Congress on—
p.(None): (1) the Department of Homeland Security’s progress in completing vulnerability and risk assessments of the
p.(None): Nation’s critical infrastructure;
p.(None): (2) the adequacy of the Government’s plans to protect such infrastructure; and
p.(None): (3) the readiness of the Government to respond to threats against the United States.
p.(None): SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
p.(None): It is the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the plans and
p.(None): strategies of the United States Northern Command with a view to ensuring that the United States Northern
p.(None): Command is prepared to respond effec- tively to all military and paramilitary threats within the United
p.(None): States, should it be called upon to do so by the President.
p.(None): SEC. 7308. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): Subtitle D—Homeland Security
p.(None): SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
p.(None): It is the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to
p.(None): reform the system for distributing grants to enhance State and local government prevention of, preparedness
p.(None): for, and response to acts of terrorism.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): to, made available to, or obligated by the Secretary of Homeland Security to carry out this section.
p.(None): SEC. 7405. REQUIRED COORDINATION.
p.(None): The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of
p.(None): Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and
p.(None): emergencies among the divisions of the Department of Homeland Security, including the Directorate of
p.(None): Emergency Preparedness and Response and the Office for State and Local Government Coordination and
p.(None): Preparedness.
p.(None): SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
p.(None): Section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)) is
p.(None): amended—
p.(None): (1) by redesignating paragraphs (1), (2), and (3) as para- graphs (2), (3), and (4), respectively;
p.(None): (2) by indenting paragraph (2) (as so redesignated); and
p.(None): (3) by striking the subsection designation and heading and inserting the following:
p.(None): ‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Director
p.(None): shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emer- gencies throughout the Nation, by—
p.(None): ‘‘(A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emergencies at the State and local levels of government;
p.(None): ‘‘(B) disseminating to State and local governments examples of best practices in the development of emergency
p.(None): preparedness compacts and models of existing emergency preparedness com- pacts, including agreements involving
p.(None): interstate jurisdictions; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 112 note.
p.(None):
p.(None): ‘‘(C) completing an inventory of Federal response capabili- ties for acts of terrorism, disasters, and
p.(None): emergencies, making such inventory available to appropriate Federal, State, and local government officials,
p.(None): and ensuring that such inventory is as current and accurate as practicable.’’.
p.(None): SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
p.(None): (a) AMENDMENT.—Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
p.(None): ‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
p.(None): ‘‘(a) OFFICE.—There is established in the Department an Office of Counternarcotics Enforcement, which shall
p.(None): be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
p.(None): ‘‘(b) ASSIGNMENT OF PERSONNEL.—
...
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p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new
p.(None): section:
p.(None): ‘‘§ 2339D. Receiving military-type training from a foreign ter- rorist organization
p.(None): ‘‘(a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any
p.(None): organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the
p.(None): Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title
p.(None): or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the
p.(None): organization is a designated terrorist organiza- tion (as defined in subsection (c)(4)), that the organization
p.(None): has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and
p.(None): Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of
p.(None): the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
p.(None): ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under this
p.(None): section. There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and
p.(None): Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in
p.(None): section 101(a)(20) of the Immigra- tion and Nationality Act);
p.(None): ‘‘(2) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(3) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(4) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(5) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(6) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).
p.(None): ‘‘(c) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious
p.(None): bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the
p.(None): use, storage, production, or assembly of any explosive, firearm or other weapon, including
p.(None):
p.(None): Material Support to Terrorism Prohibition Enhancement Act of 2004.
p.(None): 18 USC 2331
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): any weapon of mass destruction (as defined in section 2232a(c)(2));
p.(None): ‘‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365(h)(3);
p.(None): ‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national
...
p.(None): other special- ized knowledge.’’.
p.(None): (c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section
p.(None): 2339B(a)(1) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, within the United States or subject to the jurisdiction of the United States,’’; and
p.(None): (2) by adding at the end the following: ‘‘To violate this paragraph, a person must have knowledge that the
p.(None): organization
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3763
p.(None):
p.(None): is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages
p.(None): in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that
p.(None): the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign
p.(None): Relations Authorization Act, Fiscal Years 1988 and 1989).’’.
p.(None): (d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is amended by striking ‘‘There’’ and inserting the
p.(None): following:
p.(None): ‘‘(1) IN GENERAL.—There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and
p.(None): Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United
p.(None): States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
p.(None): ‘‘(B) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(C) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(D) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(E) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(F) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).’’.
p.(None): ‘‘(2) EXTRATERRITORIAL JURISDICTION.—There’’.
p.(None): (e) DEFINITION.—Section 2339B(g)(4) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(4) the term ‘material support or resources’ has the same meaning given that term in section 2339A (including the
p.(None): defini- tions of ‘training’ and ‘expert advice or assistance’ in that section);’’.
p.(None): (f) ADDITIONAL PROVISIONS.—Section 2339B of title 18, United States Code, is amended by adding at the end the
p.(None): following:
p.(None): ‘‘(h) PROVISION OF PERSONNEL.—No person may be prosecuted under this section in connection with the term
p.(None): ‘personnel’ unless that person has knowingly provided, attempted to provide, or con- spired to provide a
p.(None): foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under
p.(None): that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the
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p.(None): including Iran and Afghanistan.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (A) the United States must do more to defend and promote its values and ideals to the broadest
p.(None): possible audience in countries with predominantly Muslim popu- lations;
p.(None): (B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate
p.(None): expressions of these values reach large Muslim audiences and should be robustly supported;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3791
p.(None):
p.(None): (C) the United States Government could and should do more to engage Muslim audiences in the struggle of
p.(None): ideas; and
p.(None): (D) the United States Government should more inten- sively employ existing broadcast media in the Islamic world as part
p.(None): of this engagement.
p.(None): (b) ENHANCING FREE AND INDEPENDENT MEDIA.—
p.(None): (1) FINDINGS.—Congress makes the following findings:
p.(None): (A) Freedom of speech and freedom of the press are fundamental human rights.
p.(None): (B) The United States has a national interest in pro- moting these freedoms by supporting free media
p.(None): abroad, which is essential to the development of free and democratic societies consistent with our own.
p.(None): (C) Free media is undermined, endangered, or non- existent in many repressive and transitional
p.(None): societies around the world, including in Eurasia, Africa, and the Middle East.
p.(None): (D) Individuals lacking access to a plurality of free media are vulnerable to misinformation and
p.(None): propaganda and are potentially more likely to adopt anti-United States views.
p.(None): (E) Foreign governments have a responsibility to actively and publicly discourage and rebut
p.(None): unprofessional and unethical media while respecting journalistic integrity and editorial independence.
p.(None): (2) STATEMENT OF POLICY.—It shall be the policy of the United States, acting through the Secretary of State,
p.(None): to—
p.(None): (A) ensure that the promotion of freedom of the press and freedom of media worldwide is a priority of
p.(None): United States foreign policy and an integral component of United States public diplomacy;
p.(None): (B) respect the journalistic integrity and editorial independence of free media worldwide; and
p.(None): (C) ensure that widely accepted standards for profes- sional and ethical journalistic and editorial
p.(None): practices are employed when assessing international media.
p.(None): (c) ESTABLISHMENT OF MEDIA NETWORK.—
p.(None): (1) GRANTS FOR ESTABLISHMENT OF NETWORK.—The Sec- retary of State shall, utilizing amounts authorized to be
p.(None): appro- priated by subsection (e)(2), make grants to the National Endowment for Democracy (NED)
p.(None): under the National Endow- ment for Democracy Act (22 U.S.C. 4411 et seq.) for utilization by the Endowment to
p.(None): provide funding to a private sector group to establish and manage a free and independent media network as specified in
p.(None): paragraph (2).
p.(None): (2) MEDIA NETWORK.—The media network established using funds under paragraph (1) shall provide an effective
p.(None): forum to convene a broad range of individuals, organizations, and governmental participants involved in
...
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): Subtitle B—Terrorist Travel and Effective Screening
p.(None): SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Travel documents are as important to terrorists as weapons since terrorists must travel clandestinely
p.(None): to meet, train, plan, case targets, and gain access to attack sites.
p.(None): (2) International travel is dangerous for terrorists because they must surface to pass through regulated channels,
p.(None): present themselves to border security officials, or attempt to circumvent inspection points.
p.(None): (3) Terrorists use evasive, but detectable, methods to travel, such as altered and counterfeit passports and
p.(None): visas, specific travel methods and routes, liaisons with corrupt government officials, human smuggling
p.(None): networks, supportive travel agen- cies, and immigration and identity fraud.
p.(None): (4) Before September 11, 2001, no Federal agency systematically analyzed terrorist travel
p.(None): strategies. If an agency had done so, the agency could have discovered the ways in which the terrorist
p.(None): predecessors to al Qaeda had been
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3809
p.(None):
p.(None):
p.(None): systematically, but detectably, exploiting weaknesses in our border security since the early 1990s.
p.(None): (5) Many of the hijackers were potentially vulnerable to interception by border authorities. Analyzing
p.(None): their char- acteristic travel documents and travel patterns could have allowed authorities to intercept
p.(None): some of the hijackers and a more effective use of information available in government data- bases could have
p.(None): identified some of the hijackers.
p.(None): (6) The routine operations of our immigration laws and the aspects of those laws not specifically aimed
p.(None): at protecting against terrorism inevitably shaped al Qaeda’s planning and opportunities.
p.(None): (7) New insights into terrorist travel gained since Sep- tember 11, 2001, have not been adequately
p.(None): integrated into the front lines of border security.
p.(None): (8) The small classified terrorist travel intelligence collec- tion and analysis program currently in
p.(None): place has produced useful results and should be expanded.
p.(None): (b) STRATEGY.—
p.(None): (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of
p.(None): the National Counterterrorism Center shall submit to Congress unclassified and classified versions of a
p.(None): strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohe- sive effort
p.(None): to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility
p.(None): domestically and internationally. The report to Congress should include a description of the actions
p.(None): taken to implement the strategy and an assessment regarding vulnerabilities within the United States and foreign
p.(None): travel systems that may be exploited by international terrorists, human smugglers and traffickers, and their
p.(None): facilitators.
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p.(None): Security.
p.(None): (4) REPORTS.—Not later than 90 days after the first air- worthiness and safety certification for a missile
p.(None): defense system for commercial aircraft is issued by the Administrator, and
p.(None):
p.(None):
p.(None): 118 STAT. 3726 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): annually thereafter until December 31, 2008, the Federal Avia- tion Administration shall transmit to the
p.(None): Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Commerce,
p.(None): Science, and Transpor- tation of the Senate a report that contains a detailed description of each airworthiness and
p.(None): safety certification issued for a mis- sile defense system for commercial aircraft.
p.(None): (c) PROGRAMS TO REDUCE MANPADS.—
p.(None): (1) IN GENERAL.—The President is encouraged to pursue strong programs to reduce the number of MANPADSs
p.(None): world- wide so that fewer MANPADSs will be available for trade, proliferation, and sale.
p.(None): (2) REPORTING AND BRIEFING REQUIREMENTS.—Not later than 180 days after the date of enactment of this
p.(None): Act, the President shall transmit to the appropriate congressional committees a report that contains
p.(None): a detailed description of the status of the programs being pursued under subsection (a). Annually
p.(None): thereafter until the programs are no longer needed, the Secretary of State shall brief the
p.(None): appropriate congressional committees on the status of programs.
p.(None): (3) FUNDING.—There is authorized to be appropriated such sums as may be necessary to carry out this section.
p.(None): (d) MANPADS VULNERABILITY ASSESSMENTS REPORT.—
p.(None): (1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall transmit to the Committee on Transportation and Infra- structure of the House of
p.(None): Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing
p.(None): the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports
p.(None): against MANPADSs attacks.
p.(None): (2) MATTERS TO BE ADDRESSED.—The Secretary’s report shall address, at a minimum, the following:
p.(None): (A) The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States
p.(None): airports at which the Department is conducting assess- ments.
p.(None): (B) How intelligence is shared between the United States intelligence agencies and Federal, State, and
p.(None): local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
p.(None): (C) Contingency plans that the Department has devel- oped in the event that it receives intelligence indicating
p.(None): a high threat of a MANPADS attack on aircraft at or near United States airports.
p.(None): (D) The feasibility and effectiveness of implementing public education and neighborhood watch programs
p.(None): in areas surrounding United States airports in cases in which intelligence reports indicate there is a
p.(None): high risk of MANPADS attacks on aircraft.
p.(None): (E) Any other issues that the Secretary deems relevant.
p.(None): (3) FORMAT.—The report required by this subsection may be submitted in a classified format.
p.(None): (e) DEFINITIONS.—In this section, the following definitions apply:
p.(None): (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3727
p.(None):
p.(None): (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on
p.(None): Transportation and Infrastructure of the House of Rep- resentatives; and
...
p.(None): data maintained, or to be maintained, in the ‘‘no transport’’ and ‘‘automatic selectee’’ lists described in
p.(None): subsection (a)(1) that are designed to ensure the accuracy and integrity of the lists.
p.(None): (2) ACCURACY OF ENTRIES.—In developing the ‘‘no trans- port’’ and ‘‘automatic selectee’’ lists under
p.(None): subsection (a)(1)(B), the Secretary shall establish a simple and timely method for correcting erroneous
p.(None): entries, for clarifying information known to cause false hits or misidentification errors, and for updating
p.(None): relevant information that is dispositive in the passenger and crew screening process. The Secretary shall
p.(None): also establish a process to provide an individual whose name is confused with, or similar to, a name in the watch
p.(None): list database with a means of demonstrating that such individual is not the person named in the database.
p.(None): (d) CRUISE SHIP DEFINED.—In this section, the term ‘‘cruise ship’’ means a vessel on an international
p.(None): voyage that embarks or disembarks passengers at a port of United States jurisdiction to which subpart C of
p.(None): part 160 of title 33, Code of Federal Regula- tions, applies and that provides overnight accommodations.
p.(None): SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS.
p.(None): (a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.— Section 70103(a)(1) of title 46, United States
p.(None): Code, is amended by striking ‘‘The Secretary’’ and inserting ‘‘Not later than April 1, 2005, the
p.(None): Secretary’’.
p.(None): (b) FACILITY AND VESSEL VULNERABILITY ASSESSMENTS.—Sec- tion 70102(b)(1) of title 46, United States Code,
p.(None): is amended by striking ‘‘, the Secretary’’ and inserting ‘‘and by not later than December 31, 2004, the
p.(None): Secretary’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3731
p.(None):
p.(None): (c) STRATEGIC PLAN REPORTS.—Not later than 90 days after the date of the enactment of this Act, the
p.(None): Secretary of the depart- ment in which the Coast Guard is operating shall submit to the Committee on
p.(None): Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of
p.(None): the House of Representatives—
p.(None): (1) a comprehensive program management plan that identi- fies specific tasks to be completed, and deadlines for
p.(None): completion, for the transportation security card program under section 70105 of title 46, United States
p.(None): Code, that incorporates best practices for communicating, coordinating, and collaborating with the relevant
p.(None): stakeholders to resolve relevant issues, such as background checks;
p.(None): (2) a report on the status of negotiations under section 103(a) of the Maritime Transportation Security
p.(None): Act of 2002 (46 U.S.C. 70111);
p.(None): (3) the report required by section 107(b) of the Maritime Transportation Security Act of 2002 (33 U.S.C.
p.(None): 1226 note); and
p.(None): (4) a report on the status of the development of the system
p.(None): and standards required by section 111 of the Maritime Transportation Security Act of 2002 (46
p.(None): U.S.C. 70116 note).
p.(None): (d) OTHER REPORTS.—Not later than 90 days after the date of the enactment of this Act—
...
p.(None): 2 pilot projects in high threat urban areas or regions that are likely to implement a national model
p.(None): strategic plan.
p.(None): (b) PURPOSES.—The purposes of the pilot projects required by this section shall be to develop a regional
p.(None): strategic plan to foster interagency communication in the area in which it is established and coordinate
p.(None): the gathering of all Federal, State, and local first responders in that area, consistent with the national
p.(None): strategic plan developed by the Department of Homeland Security.
p.(None): (c) SELECTION CRITERIA.—In selecting urban areas for the loca- tion of pilot projects under this section,
p.(None): the Secretary shall consider—
p.(None): (1) the level of risk to the area, as determined by the Department of Homeland Security;
p.(None): (2) the number of Federal, State, and local law enforcement agencies located in the area;
p.(None): (3) the number of potential victims from a large scale terrorist attack in the area; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194 note. Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3848 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (4) such other criteria reflecting a community’s risk and vulnerability as the Secretary determines is
p.(None): appropriate.
p.(None): (d) INTERAGENCY ASSISTANCE.—The Secretary of Homeland Security shall consult with the Secretary of
p.(None): Defense as necessary for the development of the pilot projects required by this section, including
p.(None): examining relevant standards, equipment, and protocols in order to improve interagency communication
p.(None): among first responders.
p.(None): (e) REPORTS TO CONGRESS.—The Secretary of Homeland Secu- rity shall submit to Congress—
p.(None): (1) an interim report regarding the progress of the inter- agency communications pilot projects required
p.(None): by this section 6 months after the date of enactment of this Act; and
p.(None): (2) a final report 18 months after that date of enactment.
p.(None): (f) FUNDING.—There are authorized to be made available to the Secretary of Homeland Security, such sums as may
p.(None): be necessary to carry out this section.
p.(None): SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Private sector organizations own 85 percent of the Nation’s critical infrastructure and employ the
p.(None): vast majority of the Nation’s workers.
p.(None): (2) Preparedness in the private sector and public sector for rescue, restart and recovery of operations
p.(None): should include, as appropriate—
p.(None): (A) a plan for evacuation;
p.(None): (B) adequate communications capabilities; and
p.(None): (C) a plan for continuity of operations.
...
p.(None): particular types of terrorist attacks within the United States;
p.(None): (B) to identify priorities for protective and supportive measures; and
p.(None): (C) to develop a comprehensive national plan for securing the key resources and critical
p.(None): infrastructure of the United States.
p.(None): (2) Under Homeland Security Presidential Directive 7, issued on December 17, 2003, the Secretary of
p.(None): Homeland Secu- rity was given 1 year to develop a comprehensive plan to identify, prioritize, and
p.(None): coordinate the protection of critical infrastructure and key resources.
p.(None): (3) The report of the National Commission on Terrorist Attacks Upon the United States recommended that
p.(None): the Sec- retary of Homeland Security should—
p.(None): (A) identify those elements of the United States’ transportation, energy, communications,
p.(None): financial, and other institutions that need to be protected;
p.(None): (B) develop plans to protect that infrastructure; and
p.(None): (C) exercise mechanisms to enhance preparedness.
p.(None): (b) REPORTS ON RISK ASSESSMENT AND READINESS.—Not later than 180 days after the date of enactment of
p.(None): this Act, and in conjunction with the reporting requirements of Public Law 108– 330, the Secretary of
p.(None): Homeland Security shall submit a report to Congress on—
p.(None): (1) the Department of Homeland Security’s progress in completing vulnerability and risk assessments of the
p.(None): Nation’s critical infrastructure;
p.(None): (2) the adequacy of the Government’s plans to protect such infrastructure; and
p.(None): (3) the readiness of the Government to respond to threats against the United States.
p.(None): SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
p.(None): It is the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the plans and
p.(None): strategies of the United States Northern Command with a view to ensuring that the United States Northern
p.(None): Command is prepared to respond effec- tively to all military and paramilitary threats within the United
p.(None): States, should it be called upon to do so by the President.
p.(None): SEC. 7308. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): Subtitle D—Homeland Security
p.(None): SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
p.(None): It is the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to
p.(None): reform the system for distributing grants to enhance State and local government prevention of, preparedness
p.(None): for, and response to acts of terrorism.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): Resil- ience of the U.S. Financial System’’ and ‘‘Interagency Paper’’ mean the interagency paper prepared by
p.(None): the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and
p.(None): Exchange Commission that was announced in the Federal Register on April 8, 2003.
p.(None): SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
p.(None): It is the sense of Congress that the insurance industry and credit-rating agencies, where relevant,
p.(None): should carefully consider a company’s compliance with standards for private sector disaster and emergency
p.(None): preparedness in assessing insurability and credit- worthiness, to ensure that private sector investment in
p.(None): disaster and emergency preparedness is appropriately encouraged.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None): SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRA- STRUCTURE SIMULATION AND ANALYSIS CENTER.
p.(None): (a) IN GENERAL.—The Director of National Intelligence shall establish a formal relationship, including
p.(None): information sharing, between the elements of the intelligence community and the National
p.(None): Infrastructure Simulation and Analysis Center.
p.(None): (b) PURPOSE.—The purpose of the relationship under subsection
p.(None): (a) shall be to permit the intelligence community to take full advan- tage of the capabilities of the National
p.(None): Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3865
p.(None):
p.(None): analysis, for real time response to reported threats and long term planning for projected threats.
p.(None): Subtitle B—Department of Homeland Security Matters
p.(None):
p.(None):
p.(None): SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Geospatial technologies and geospatial data improve government capabilities to detect, plan for,
p.(None): prepare for, and respond to disasters in order to save lives and protect property.
p.(None): (2) Geospatial data improves the ability of information technology applications and systems to enhance public
p.(None): security in a cost-effective manner.
p.(None): (3) Geospatial information preparedness in the United States, and specifically in the Department of
p.(None): Homeland Secu- rity, is insufficient because of—
p.(None): (A) inadequate geospatial data compatibility;
p.(None): (B) insufficient geospatial data sharing; and
p.(None): (C) technology interoperability barriers.
p.(None): (b) HOMELAND SECURITY GEOSPATIAL INFORMATION.—Section 703 of the Homeland Security Act of 2002
p.(None): (6 U.S.C. 343) is amended—
p.(None): (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Chief Information’’; and
p.(None): (2) by adding at the end the following: ‘‘(b) GEOSPATIAL INFORMATION FUNCTIONS.—
p.(None): ‘‘(1) DEFINITIONS.—As used in this subsection:
p.(None): ‘‘(A) GEOSPATIAL INFORMATION.—The term ‘geospatial information’ means graphical or digital data depicting nat- ural
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p.(None): of appropriate technical assistance and credit mechanisms for farmers,’’;
p.(None): (B) in clause (ii), by inserting before the semicolon at the end the following: ‘‘, and to create
p.(None): special counter- narcotics courts, prosecutors, and places of incarceration’’;
p.(None): (C) in clause (iii), by inserting before the semicolon at the end the following: ‘‘, in particular,
p.(None): notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
p.(None): equipment, training (including training in internationally recognized standards of human rights, the rule of
p.(None): law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments,
p.(None): during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting
p.(None): units’’;
p.(None): (D) in clause (iv), by striking ‘‘and’’ at the end;
p.(None): (E) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (F) by adding after clause (v) the following:
p.(None): ‘‘(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.’’.
p.(None): (2) SENSE OF CONGRESS AND REPORT.—Title II of the Afghanistan Freedom Support Act of 2002 (22
p.(None): U.S.C. 7531 et seq.) is amended—
p.(None): (A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and
p.(None): (B) by inserting after section 206 the following:
p.(None): ‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER- DRUG EFFORTS IN AFGHANISTAN.
p.(None): ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the President should make the
p.(None): substantial reduction
p.(None): of illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism;
p.(None): ‘‘(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other
p.(None): appropriate Federal
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7537,
p.(None): 7538.
p.(None):
p.(None): 22 USC 7536a.
p.(None):
p.(None):
p.(None): 118 STAT. 3788 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): agencies, should expand cooperation with the Government of Afghanistan and international organizations
p.(None): involved in counter-drug activities to assist in providing a secure environ- ment for counter-drug
p.(None): personnel in Afghanistan; and
p.(None): ‘‘(3) the United States, in conjunction with the Government of Afghanistan and coalition partners, should
p.(None): undertake addi- tional efforts to reduce illegal drug trafficking and related activities that provide
p.(None): financial support for terrorist organiza- tions in Afghanistan and neighboring countries.
p.(None): ‘‘(b) REPORT REQUIRED.—(1) The Secretary of Defense and the Secretary of State shall jointly prepare a
p.(None): report that describes— ‘‘(A) the progress made toward substantially reducing poppy cultivation and heroin
p.(None): production capabilities in Afghanistan;
p.(None): and
p.(None): ‘‘(B) the extent to which profits from illegal drug activity in Afghanistan are used to financially
p.(None): support terrorist organizations and groups seeking to undermine the Government of Afghanistan.
p.(None): ‘‘(2) The report required by this subsection shall be submitted to Congress not later than 120 days after the
p.(None): date of the enactment of the 9/11 Recommendations Implementation Act.’’.
p.(None): (3) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by
p.(None): striking the items relating to sections 207 and 208 and inserting the following:
p.(None):
p.(None): ‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghani- stan.
p.(None): ‘‘Sec. 208. Relationship to other authority. ‘‘Sec. 209. Authorization of appropriations.’’.
p.(None): (k) ADDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUP-
p.(None): PORT ACT OF 2002.—
p.(None): (1) EXTENSION OF REPORTS ON IMPLEMENTATION OF STRATEGY.—Section 206(c)(2) of the Afghanistan
p.(None): Freedom Sup- port Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A)
p.(None): by striking ‘‘2007’’ and inserting ‘‘2010’’.
p.(None): (2) TECHNICAL AMENDMENT.—Section 103(a)(7)(A)(xii) of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is
p.(None): amended by striking ‘‘National’’ and inserting ‘‘Afghan Independent’’.
p.(None): (l) REPEAL OF PROHIBITION ON ASSISTANCE.—Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C.
p.(None): 2374; relating to prohibition on assistance to Afghanistan) is repealed.
p.(None): (m) AUTHORIZATION OF APPROPRIATIONS.—Section 108(a) of the Afghanistan Freedom Assistance Act of 2002 (22
p.(None): U.S.C. 7518(a)) is amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ and all that follows and
p.(None): inserting ‘‘such sums as may be necessary for each of the fiscal years 2005 and 2006.’’.
p.(None): SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Despite a long history of friendly relations with the United States, there have been problems in
p.(None): cooperation between the United States and Saudi Arabia.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3789
p.(None):
...
p.(None): be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
p.(None): ‘‘(b) ASSIGNMENT OF PERSONNEL.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary shall assign permanent staff to the Office, consistent with effective
p.(None): management of Department resources.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. President.
p.(None): Congress.
p.(None):
p.(None):
p.(None): 118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(2) LIAISONS.—The Secretary shall designate senior employees from each appropriate subdivision of the
p.(None): Department that has significant counternarcotics responsibilities to act as a liaison between that
p.(None): subdivision and the Office of Counter- narcotics Enforcement.
p.(None): ‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—Except as pro-
p.(None): vided in subsection (d), the Director of the Office of Counternarcotics Enforcement shall not be employed by,
p.(None): assigned to, or serve as the head of, any other branch of the Federal Government, any State or local
p.(None): government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
p.(None): ‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
p.(None): COORDINATOR.—The Director of the Office of Counternarcotics Enforcement may be appointed as the
p.(None): United States Interdiction Coordinator by the Director of the Office of National Drug Control Policy, and shall be
p.(None): the only person at the Department eligible to be so appointed.
p.(None): ‘‘(e) RESPONSIBILITIES.—The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
p.(None): ‘‘(1) to coordinate policy and operations within the Depart- ment, between the Department and other Federal departments
p.(None): and agencies, and between the Department and State and local agencies with respect to stopping the entry
p.(None): of illegal drugs into the United States;
p.(None): ‘‘(2) to ensure the adequacy of resources within the Depart- ment for stopping the entry of illegal drugs into
p.(None): the United States;
p.(None): ‘‘(3) to recommend the appropriate financial and personnel resources necessary to help the Department better
p.(None): fulfill its responsibility to stop the entry of illegal drugs into the United States;
p.(None): ‘‘(4) within the Joint Terrorism Task Force construct to track and sever connections between illegal drug
p.(None): trafficking and terrorism; and
p.(None): ‘‘(5) to be a representative of the Department on all task forces, committees, or other entities whose
p.(None): purpose is to coordi- nate the counternarcotics enforcement activities of the Depart- ment and other Federal, State or
p.(None): local agencies.
p.(None): ‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall be con- strued to authorize direct control of the
p.(None): operations conducted by the Directorate of Border and Transportation Security, the Coast Guard, or joint
p.(None): terrorism task forces.
p.(None): ‘‘(g) REPORTS TO CONGRESS.—
p.(None): ‘‘(1) ANNUAL BUDGET REVIEW.—The Director of the Office of Counternarcotics Enforcement shall, not
p.(None): later than 30 days after the submission by the President to Congress of any request for expenditures for
p.(None): the Department, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the
p.(None): House of Representatives and the Senate a review and evaluation of such request. The review and evalua- tion shall—
p.(None): ‘‘(A) identify any request or subpart of any request that affects or may affect the counternarcotics
p.(None): activities of the Department or any of its subdivisions, or that affects the ability of the Department or any
p.(None): subdivision of the Department to meet its responsibility to stop the entry of illegal drugs into the United
p.(None): States;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3853
p.(None):
p.(None):
p.(None): ‘‘(B) describe with particularity how such requested funds would be or could be expended in furtherance
p.(None): of counternarcotics activities; and
...
p.(None): determined by the Secretary, would be detrimental to the law enforcement or national secu- rity activities of the
p.(None): Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest
p.(None): of the review and evaluation.’’.
p.(None): (b) CONFORMING AMENDMENTS.—Section 103(a) of the Home- land Security Act of 2002 (6 U.S.C. 113(a)) is amended—
p.(None): (1) by redesignating paragraphs (8) and (9) as paragraphs
p.(None): (9) and (10), respectively; and
p.(None): (2) by inserting after paragraph (7) the following:
p.(None): ‘‘(8) A Director of the Office of Counternarcotics Enforce- ment.’’.
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appro- priated for the Department of Homeland Security for
p.(None): Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out
p.(None): section 878 of the Department of Homeland Security Act of 2002.
p.(None):
p.(None):
p.(None): 118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 413.
p.(None): SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): (a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.)
p.(None): is amended by adding at the end the following:
p.(None): ‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): ‘‘(a) IN GENERAL.—Each subdivision of the Department that is a National Drug Control Program Agency
p.(None): shall include as one of the criteria in its performance appraisal system, for each employee
p.(None): directly or indirectly involved in the enforcement of Fed- eral, State, or local narcotics laws, the performance of
p.(None): that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest
p.(None): extent practicable on objective perform- ance measures, including—
p.(None): ‘‘(1) the contribution of that employee to seizures of nar- cotics and arrests of violators of Federal, State,
p.(None): or local narcotics laws; and
p.(None): ‘‘(2) the degree to which that employee cooperated with or contributed to the efforts of other
p.(None): employees, either within the Department or other Federal, State, or local agencies, in counternarcotics
p.(None): enforcement.
p.(None): ‘‘(b) DEFINITIONS.—For purposes of this section—
p.(None): ‘‘(1) the term ‘National Drug Control Program Agency’ means—
p.(None): ‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National
p.(None): Drug Control Policy Reauthorization Act of 1998 (as last in effect); and
p.(None): ‘‘(B) any subdivision of the Department that has a significant counternarcotics responsibility, as
p.(None): determined by—
p.(None): ‘‘(i) the counternarcotics officer, appointed under section 878; or
p.(None): ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor in function (as determined by the Secretary);
p.(None): and
p.(None): ‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job
p.(None): performance of employees are made, whether under chapter 43 of title 5, United States Code, or otherwise.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting
p.(None): after the item relating to section 842 the following:
p.(None):
p.(None): ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’.
p.(None):
p.(None): Subtitle E—Public Safety Spectrum
p.(None): SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
p.(None): (a) FINDINGS.—Congress finds the following:
p.(None): (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital
p.(None): broadcasts
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855
p.(None):
p.(None): simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
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p.(None): (a) SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.—
p.(None): (1) IN GENERAL.—The President, acting through the Sec- retary of State and the relevant United States chiefs of
p.(None): mission, should—
p.(None): (A) continue to strongly support and seek to expand the work of the democracy caucus at the United
p.(None): Nations General Assembly and the United Nations Human Rights Commission; and
p.(None): (B) seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other broad-
p.(None): based international organizations.
p.(None): (2) PURPOSES OF THE CAUCUS.—A democracy caucus at an international organization should—
p.(None): (A) forge common positions, including, as appropriate, at the ministerial level, on matters of concern
p.(None): before the organization and work within and across regional lines to promote agreed positions;
p.(None): (B) work to revise an increasingly outmoded system of membership selection, regional voting, and
p.(None): decision- making; and
p.(None): (C) establish a rotational leadership agreement to pro- vide member countries an opportunity, for a set period
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3795
p.(None):
p.(None):
p.(None): of time, to serve as the designated president of the caucus, responsible for serving as its voice in each
p.(None): organization.
p.(None): (b) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZA- TIONS.—The President, acting through the Secretary of
p.(None): State, the relevant United States chiefs of mission, and, where appropriate, the Secretary of the
p.(None): Treasury, should use the voice, vote, and influence of the United States to—
p.(None): (1) where appropriate, reform the criteria for leadership and, in appropriate cases, for membership,
p.(None): at all United Nations bodies and at other international organizations and multilateral institutions to
p.(None): which the United States is a member so as to exclude countries that violate the principles of the
p.(None): specific organization;
p.(None): (2) make it a policy of the United Nations and other inter- national organizations and multilateral institutions
p.(None): of which the United States is a member that a member country may not stand in nomination for membership
p.(None): or in nomination or in rotation for a significant leadership position in such bodies if the member
p.(None): country is subject to sanctions imposed by the United Nations Security Council; and
p.(None): (3) work to ensure that no member country stand in nomination for membership, or in nomination
p.(None): or in rotation for a significant leadership position in such organizations, or for membership on the
p.(None): United Nations Security Council, if the government of the member country has been determined by the
p.(None): Secretary of State to have repeatedly provided support for acts of international terrorism.
p.(None): (c) INCREASED TRAINING IN MULTILATERAL DIPLOMACY.—
p.(None): (1) STATEMENT OF POLICY.—It shall be the policy of the United States that training courses should be
p.(None): established for Foreign Service Officers and civil service employees of the State Department, including
p.(None): appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of
...
p.(None): (3) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Sec- retary shall ensure that employees of the Department of
p.(None): State who are members of the civil service and who are assigned to positions described in paragraph
p.(None): (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or,
p.(None): if receiving such training at such time is not practical, within the first year of beginning such assign- ment.
p.(None):
p.(None): 22 USC 2451
p.(None): note.
p.(None): SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Exchange, scholarship, and library programs are effec- tive ways for the United States Government to
p.(None): promote inter- nationally the values and ideals of the United States.
p.(None): (2) Exchange, scholarship, and library programs can expose young people from other countries to United States
p.(None): values and offer them knowledge and hope.
p.(None): (b) DECLARATION OF POLICY.—Consistent with the report of the National Commission on Terrorist Attacks
p.(None): Upon the United States, Congress declares that—
p.(None): (1) the United States should commit to a long-term and sustainable investment in promoting engagement
p.(None): with people of all levels of society in countries with predominantly Muslim populations, particularly with youth
p.(None): and those who influence youth;
p.(None): (2) such an investment should make use of the talents and resources in the private sector and should include
p.(None): programs to increase the number of people who can be exposed to the United States and its fundamental
p.(None): ideas and values in order to dispel misconceptions; and
p.(None): (3) such programs should include youth exchange programs, young ambassadors programs, international visitor
p.(None): programs, academic and cultural exchange programs, American Corner programs, library programs, journalist
p.(None): exchange programs, sister city programs, and other programs related to people- to-people diplomacy.
p.(None): (c) SENSE OF CONGRESS.—It is the sense of Congress that the United States should significantly increase
p.(None): its investment in the people-to-people programs described in subsection (b).
p.(None): (d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES.—The President is authorized to
p.(None): substantially expand the exchange, scholarship, and library programs of the United States, especially such
p.(None): programs that benefit people in the Muslim world.
p.(None): (e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in each of the fiscal years
p.(None): 2005 and 2006 for educational and cultural exchange programs, there shall be avail- able to the Secretary
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p.(None): (3) PROGRAM MANAGER.—The term ‘‘program manager’’ means the program manager designated under subsection
p.(None): (f).
p.(None): (4) TERRORISM INFORMATION.—The term ‘‘terrorism information’’ means all information, whether
p.(None): collected, pro- duced, or distributed by intelligence, law enforcement, military, homeland security, or other
p.(None): activities relating to—
p.(None): (A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or
p.(None): material support, or activities of foreign or international terrorist groups or individuals, or of domestic
p.(None): groups or individuals involved in transnational terrorism;
p.(None): (B) threats posed by such groups or individuals to the United States, United States persons, or United States
p.(None): interests, or to those of other nations;
p.(None): (C) communications of or by such groups or individuals;
p.(None): or
p.(None): (D) groups or individuals reasonably believed to be
p.(None):
p.(None): assisting or associated with such groups or individuals.
p.(None): (b) INFORMATION SHARING ENVIRONMENT.—
p.(None): (1) ESTABLISHMENT.—The President shall—
p.(None): (A) create an information sharing environment for the sharing of terrorism information in a manner consistent
p.(None): with national security and with applicable legal standards relating to privacy and civil liberties;
p.(None): (B) designate the organizational and management structures that will be used to operate and manage
p.(None): the ISE; and
p.(None): (C) determine and enforce the policies, directives, and rules that will govern the content and usage of the
p.(None): ISE.
p.(None): (2) ATTRIBUTES.—The President shall, through the struc- tures described in subparagraphs (B) and (C) of
p.(None): paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information
p.(None): among all appropriate Fed- eral, State, local, and tribal entities, and the private sector through the use
p.(None): of policy guidelines and technologies. The Presi- dent shall, to the greatest extent practicable, ensure that
p.(None): the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and
p.(None): coordinated environment that—
p.(None):
p.(None): President.
p.(None): (A) connects existing systems, where appropriate, pro- vides no single points of failure, and allows users to share
p.(None): information among agencies, between levels of government, and, as appropriate, with the private sector;
p.(None): (B) ensures direct and continuous online electronic access to information;
p.(None): (C) facilitates the availability of information in a form and manner that facilitates its use in analysis,
p.(None): investiga- tions and operations;
p.(None): (D) builds upon existing systems capabilities currently in use across the Government;
p.(None):
p.(None):
p.(None): 118 STAT. 3666 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (E) employs an information access management approach that controls access to data rather than
p.(None): just systems and networks, without sacrificing security;
p.(None): (F) facilitates the sharing of information at and across all levels of security;
...
p.(None): shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of
p.(None): Representatives regarding all statutory require- ments for criminal history record checks that are required
p.(None): to be conducted by the Department of Justice or any of its components.
p.(None): (b) DEFINITIONS.—As used in this section—
p.(None): (1) the terms ‘‘criminal history information’’ and ‘‘criminal history records’’ include—
p.(None): (A) an identifying description of the individual to whom the information or records pertain;
p.(None): (B) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such
p.(None): individual; and
p.(None): (C) any disposition to a notation described in subpara- graph (B), including acquittal, sentencing,
p.(None): correctional supervision, or release; and
p.(None): (2) the term ‘‘IAFIS’’ means the Integrated Automated Fingerprint Identification System of the Federal
p.(None): Bureau of Allocation, which serves as the national depository for finger- print, biometric, and criminal
p.(None): history information, through which fingerprints are processed electronically.
p.(None): (c) IDENTIFICATION OF INFORMATION.—The Attorney General shall identify—
p.(None): (1) the number of criminal history record checks requested, including the type of information requested;
p.(None): (2) the usage of different terms and definitions regarding criminal history information; and
p.(None): (3) the variation in fees charged for such information and who pays such fees.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3759
p.(None):
p.(None):
p.(None): (d) RECOMMENDATIONS.—The Attorney General shall make rec- ommendations to Congress for improving,
p.(None): standardizing, and consolidating the existing statutory authorization, programs, and procedures for the
p.(None): conduct of criminal history record checks for non-criminal justice purposes. In making these
p.(None): recommendations to Congress, the Attorney General shall consider—
p.(None): (1) the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal
p.(None): history information checks;
p.(None): (2) any security concerns created by the existence of these commercially available databases concerning their
p.(None): ability to provide sensitive information that is not readily available about law enforcement or intelligence
p.(None): officials, including their identity, residence, and financial status;
p.(None): (3) the effectiveness of utilizing State databases;
p.(None): (4) any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau
...
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3821
p.(None):
p.(None): information contained in agency databases, which is related to immigration status, or which otherwise impedes
p.(None): lawful admission to the United States.
p.(None): (B) TIME SCHEDULES.—The process described in subparagraph (A) shall include specific time
p.(None): schedules for reviewing data correction requests, rendering decisions on such requests, and implementing
p.(None): appropriate corrective action in a timely manner.
p.(None): (g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.— The biometric entry and exit data system shall
p.(None): facilitate efficient immigration benefits processing by—
p.(None): (1) ensuring that the system’s tracking capabilities encom- pass data related to all immigration benefits
p.(None): processing, including—
p.(None): (A) visa applications with the Department of State;
p.(None): (B) immigration related filings with the Department of Labor;
p.(None): (C) cases pending before the Executive Office for Immigration Review; and
p.(None): (D) matters pending or under investigation before the Department of Homeland Security;
p.(None): (2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under
p.(None): the entry and exit data system to track all immigration related matters concerning the applicant;
p.(None): (3) providing that—
p.(None): (A) all information about an applicant’s immigration related history, including entry and exit history,
p.(None): can be queried through electronic means; and
p.(None): (B) database access and usage guidelines include strin- gent safeguards to prevent misuse of data;
p.(None): (4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all
p.(None): agencies referred to in paragraph (1); and
p.(None): (5) providing continuing education in counterterrorism techniques, tools, and methods for all
p.(None): Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
p.(None): (h) ENTRY-EXIT SYSTEM GOALS.—The Department of Homeland Security shall operate the biometric entry and exit
p.(None): system so that it—
p.(None): (1) serves as a vital counterterrorism tool;
p.(None): (2) screens travelers efficiently and in a welcoming manner;
p.(None): (3) provides inspectors and related personnel with adequate real-time information;
p.(None): (4) ensures flexibility of training and security protocols to most effectively comply with security mandates;
p.(None): (5) integrates relevant databases and plans for database modifications to address volume increase and
p.(None): database usage; and
p.(None): (6) improves database search capacities by utilizing lan- guage algorithms to detect alternate names.
p.(None): (i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL TRAINING.—In implementing the provisions of
p.(None): subsections (g) and (h), the Department of Homeland Security and the Department of State shall—
p.(None):
p.(None):
p.(None): 118 STAT. 3822 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
p.(None): (2) provide extensive community outreach and education on the entry and exit data system’s procedures;
p.(None): (3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
p.(None): (4) establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates,
p.(None): and embassies.
p.(None): (j) COMPLIANCE STATUS REPORTS.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other
p.(None): department or agency subject to the requirements of this section, shall issue individual status reports and a
p.(None): joint status report detailing the compliance of the department or agency with each requirement under this section.
p.(None): (k) EXPEDITING REGISTERED TRAVELERS ACROSS INTERNATIONAL BORDERS.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
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p.(None): and Speaker of the House of Represent- atives with respect to Congress, or their designees, to request
p.(None): assistance under a mutual aid agreement for an emergency or public service event.
p.(None): (2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating officer’’ means the official designated by law to
p.(None): declare an emergency in and for the locality of that chief operating officer.
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
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p.(None): 50 USC 403–3a.
p.(None): INTELLIGENCE COMMUNITY.—Commencing as of October 1, 2008, the Office of the Director of National
p.(None): Intelligence may not be co-located with any other element of the intelligence community.
p.(None): ‘‘DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 103A. (a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
p.(None): INTELLIGENCE.—(1) There is a Principal Deputy Director of National Intelligence who shall be appointed by the
p.(None): President, by and with the advice and consent of the Senate.
p.(None): ‘‘(2) In the event of a vacancy in the position of Principal Deputy Director of National Intelligence,
p.(None): the Director of National Intelligence shall recommend to the President an individual for appointment as
p.(None): Principal Deputy Director of National Intelligence. ‘‘(3) Any individual nominated for appointment as Principal
p.(None): Deputy Director of National Intelligence shall have extensive
p.(None): national security experience and management expertise.
p.(None): ‘‘(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so
p.(None): serving, serve in any capacity in any other element of the intelligence community.
p.(None): ‘‘(5) The Principal Deputy Director of National Intelligence shall assist the Director of National
p.(None): Intelligence in carrying out the duties and responsibilities of the Director.
p.(None): ‘‘(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of,
p.(None): the Director of National Intelligence during the absence or disability of the Director of National
p.(None): Intelligence or during a vacancy in the position of Director of National Intelligence.
p.(None): ‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) There
p.(None): may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of
p.(None): National Intelligence. ‘‘(2) Each Deputy Director of National Intelligence appointed under this subsection
p.(None): shall have such duties, responsibilities, and authorities as the Director of National Intelligence may
p.(None): assign
p.(None): or are specified by law.
p.(None): ‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
p.(None): INTELLIGENCE.—
p.(None): (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a
p.(None): commissioned officer of the Armed Forces in active status.
p.(None): ‘‘(2) The positions referred to in this paragraph are the fol- lowing:
p.(None): ‘‘(A) The Director of National Intelligence.
p.(None): ‘‘(B) The Principal Deputy Director of National Intelligence. ‘‘(3) It is the sense of Congress that,
p.(None): under ordinary cir- cumstances, it is desirable that one of the individuals serving in
p.(None): the positions specified in paragraph (2)—
p.(None): ‘‘(A) be a commissioned officer of the Armed Forces, in active status; or
p.(None): ‘‘(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
...
p.(None):
p.(None): and
p.(None): (2) the Permanent Select Committee on Intelligence of the
p.(None):
p.(None): House of Representatives.
p.(None): SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
p.(None): (a) ESTABLISHMENT.—The Director of National Intelligence may provide for the establishment and training of a National
p.(None): Intelligence Reserve Corps (in this section referred to as ‘‘National Intelligence Reserve Corps’’) for the
p.(None): temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during
p.(None): periods of emergency, as determined by the Director.
p.(None):
p.(None):
p.(None): 50 USC 403–1c.
p.(None):
p.(None):
p.(None): 118 STAT. 3684 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) ELIGIBLE INDIVIDUALS.—An individual may participate in the National Intelligence Reserve Corps only if the
p.(None): individual pre- viously served as a full time employee of an element of the intel- ligence community.
p.(None): (c) TERMS OF PARTICIPATION.—The Director of National Intel- ligence shall prescribe the terms and conditions
p.(None): under which eligible individuals may participate in the National Intelligence Reserve Corps.
p.(None): (d) EXPENSES.—The Director of National Intelligence may provide members of the National
p.(None): Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of
p.(None): participating in any training that relates to service as a member of the Reserve Corps.
p.(None): (e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an annuity from the Civil Service
p.(None): Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall
p.(None): not be discontinued thereby.
p.(None): (2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or
p.(None): 84 of title 5, United States Code.
p.(None): (f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTEL- LIGENCE PERSONNEL CEILING.—A member of the National
p.(None): Intel- ligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not
p.(None): count against any personnel ceiling applicable to the Office of the Director of National Intel- ligence.
p.(None): Subtitle F—Privacy and Civil Liberties
p.(None):
p.(None):
p.(None): 5 USC 601 note.
p.(None): SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) In conducting the war on terrorism, the Federal Govern- ment may need additional powers and may need to
p.(None): enhance the use of its existing powers.
p.(None): (2) This potential shift of power and authority to the Fed- eral Government calls for an enhanced system of
p.(None): checks and balances to protect the precious liberties that are vital to our way of life.
p.(None): (b) ESTABLISHMENT OF BOARD.—There is established within the Executive Office of the President a Privacy and
p.(None): Civil Liberties Oversight Board (referred to in this section as the ‘‘Board’’).
p.(None): (c) FUNCTIONS.—
p.(None): (1) ADVICE AND COUNSEL ON DEVELOPMENT AND IMPLEMENTATION OF POLICY.—For the
...
p.(None): (d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘‘appropriate committees of
p.(None): Congress means’’—
p.(None): (1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the
p.(None): Select Committee on Intelligence of the Senate; and
p.(None): (2) the Committees on Appropriations, Government Reform, and the Judiciary and the Permanent Select Committee
p.(None): on Intelligence of the House of Representatives.
p.(None): SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
p.(None): (a) IN GENERAL.—Chapter 35 of title 5, United States Code, is amended by adding at the end the following:
p.(None):
p.(None): ‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘§ 3598. Federal Bureau of Investigation Reserve Service
p.(None): ‘‘(a) ESTABLISHMENT.—The Director of the Federal Bureau of Investigation may provide for the establishment
p.(None): and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as
p.(None): the ‘FBI Reserve Service’) for temporary reemployment of employees in the Bureau during periods of emer- gency, as
p.(None): determined by the Director.
p.(None): ‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service shall be limited to individuals who previously
p.(None): served as full-time employees of the Bureau.
p.(None): ‘‘(c) ANNUITANTS.—If an individual receiving an annuity from the Civil Service Retirement and Disability
p.(None): Fund on the basis of such individual’s service becomes temporarily reemployed pursu- ant to this section, such
p.(None): annuity shall not be discontinued thereby.
p.(None):
p.(None):
p.(None): 118 STAT. 3704 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): An individual so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.
p.(None): ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve
p.(None): Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel
p.(None): ceiling applicable to the Bureau.
p.(None): ‘‘(e) EXPENSES.—The Director may provide members of the FBI Reserve Service transportation and per diem in lieu of
p.(None): subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training
p.(None): that relates to service as a member of the FBI Reserve Service.
p.(None): ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members
p.(None): at any given time. ‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may
p.(None): not be reemployed under this section for more than 180 days in connection with any particular emergency
p.(None): unless, in the judgment of the Director, the public interest so requires.’’.
p.(None): (b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 5, United States Code, is amended by adding
p.(None): at the end the fol- lowing:
p.(None): ‘‘SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
p.(None):
p.(None): Applicability. Termination date.
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p.(None): liable on account of any act or omission of its officers or employees while so engaged or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent
p.(None): permitted under the laws and procedures of the State of the party rendering aid.
p.(None): (2) ACTIONS.—Any action brought against a party or its officers or employees on account of an act or
p.(None): omission in the rendering of aid to the District of Columbia, the Federal Government, the State
p.(None): of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies may be brought only under
p.(None): the laws and procedures of the State of the party rendering aid and only in the Federal or State
p.(None): courts located therein. Actions against the United States under this section may be brought only in Federal
p.(None): courts.
p.(None): (3) IMMUNITIES.—This section shall not abrogate any other immunities from liability that any party has under
p.(None): any other Federal or State law.
p.(None): (e) WORKERS COMPENSATION.—
p.(None): (1) COMPENSATION.—Each party shall provide for the pay- ment of compensation and death benefits to injured
p.(None): members of the emergency forces of that party and representatives of deceased members of such forces if
p.(None): such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal
p.(None): Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid
p.(None): agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same
p.(None): terms as if the injury or death were sustained within their own jurisdiction.
p.(None): (2) OTHER STATE LAW.—No party shall be liable under the law of any State other than its own for
p.(None): providing for the payment of compensation and death benefits to injured
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3843
p.(None):
p.(None):
p.(None): members of the emergency forces of that party and representa- tives of deceased members of such forces if such
p.(None): members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government,
p.(None): the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged
p.(None): in training activities under a mutual aid agreement.
p.(None): (f) LICENSES AND PERMITS.—If any person holds a license, cer- tificate, or other permit issued by any responding party
p.(None): evidencing the meeting of qualifications for professional, mechanical, or other skills and assistance is
p.(None): requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by
p.(None): the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency
p.(None): or training for any such events.
p.(None): SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
p.(None): (a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMU-
p.(None): NICATIONS PROGRAMS.—
p.(None): (1) PROGRAM.—The Secretary of Homeland Security, in con- sultation with the Secretary of Commerce and the
p.(None): Chairman of the Federal Communications Commission, shall establish a program to enhance public safety
p.(None): interoperable communica- tions at all levels of government. Such program shall—
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p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
p.(None): of the District of Columbia, an authorized representative of the Federal Government, the Governor of the
p.(None): State of Maryland, the Governor of the Commonwealth of Vir- ginia, or the chief operating officer of a
p.(None): locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual
p.(None): Aid Agreement within the National Capital Region; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841
p.(None):
p.(None): (B) includes Presidential inaugurations, public gath- erings, demonstrations and protests, and law enforcement,
p.(None): fire, rescue, emergency health and medical services, transportation, communications, public
p.(None): works and engineering, mass care, and other support that require human resources, equipment, facilities
p.(None): or services supple- mental to or greater than the requesting jurisdiction can provide.
p.(None): (10) STATE.—The term ‘‘State’’ means the State of Mary- land, the Commonwealth of Virginia, and the
p.(None): District of Columbia.
p.(None): (11) TRAINING.—The term ‘‘training’’ means emergency and public service event-related exercises, testing, or other
p.(None): activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid
p.(None): by National Capital Region jurisdictions during emergencies or public service events, such actions
p.(None): occurring outside actual emergency or public service event periods.
p.(None): (b) MUTUAL AID AUTHORIZED.—
p.(None): (1) IN GENERAL.—The mayor of the District of Columbia, any authorized representative of the Federal
p.(None): Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia,
p.(None): or the chief operating officer of a locality, or their designees, acting within his or her jurisdic- tional
p.(None): purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid
p.(None): agreements with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan
p.(None): Washington Airports Authority, and any other governmental agency or authority for—
p.(None): (A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications,
p.(None): public works and engineering, mass care, and resource support in an emergency or public service event;
p.(None): (B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event;
p.(None): and
p.(None): (C) training for any of the activities described under subparagraphs (A) and (B).
...
p.(None): (a) PILOT STUDY.—The Secretary of Homeland Security, from funds made available for improving the national
p.(None): system to notify the general public in the event of a terrorist attack, and in consulta- tion with the Attorney
p.(None): General, the Secretary of Transportation, the heads of other appropriate Federal agencies, the
p.(None): National Association of State Chief Information Officers, and other stake- holders with respect to public
p.(None): warning systems, shall conduct a pilot study under which the Secretary of Homeland Security may issue
p.(None): public warnings regarding threats to homeland security using a warning system that is similar to the AMBER Alert
p.(None): communica- tions network.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3851
p.(None):
p.(None):
p.(None): (b) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary of Homeland
p.(None): Security shall submit to Congress a report regarding the findings, conclusions, and rec- ommendations of the
p.(None): pilot study.
p.(None): (c) PROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds derived from the Highway Trust Fund may be transferred
p.(None): to, made available to, or obligated by the Secretary of Homeland Security to carry out this section.
p.(None): SEC. 7405. REQUIRED COORDINATION.
p.(None): The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of
p.(None): Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and
p.(None): emergencies among the divisions of the Department of Homeland Security, including the Directorate of
p.(None): Emergency Preparedness and Response and the Office for State and Local Government Coordination and
p.(None): Preparedness.
p.(None): SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
p.(None): Section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)) is
p.(None): amended—
p.(None): (1) by redesignating paragraphs (1), (2), and (3) as para- graphs (2), (3), and (4), respectively;
p.(None): (2) by indenting paragraph (2) (as so redesignated); and
p.(None): (3) by striking the subsection designation and heading and inserting the following:
p.(None): ‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Director
p.(None): shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emer- gencies throughout the Nation, by—
p.(None): ‘‘(A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emergencies at the State and local levels of government;
p.(None): ‘‘(B) disseminating to State and local governments examples of best practices in the development of emergency
p.(None): preparedness compacts and models of existing emergency preparedness com- pacts, including agreements involving
p.(None): interstate jurisdictions; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 112 note.
p.(None):
p.(None): ‘‘(C) completing an inventory of Federal response capabili- ties for acts of terrorism, disasters, and
p.(None): emergencies, making such inventory available to appropriate Federal, State, and local government officials,
p.(None): and ensuring that such inventory is as current and accurate as practicable.’’.
p.(None): SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
p.(None): (a) AMENDMENT.—Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
p.(None): ‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
p.(None): ‘‘(a) OFFICE.—There is established in the Department an Office of Counternarcotics Enforcement, which shall
p.(None): be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
p.(None): ‘‘(b) ASSIGNMENT OF PERSONNEL.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary shall assign permanent staff to the Office, consistent with effective
p.(None): management of Department resources.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. President.
p.(None): Congress.
p.(None):
p.(None):
p.(None): 118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(2) LIAISONS.—The Secretary shall designate senior employees from each appropriate subdivision of the
p.(None): Department that has significant counternarcotics responsibilities to act as a liaison between that
p.(None): subdivision and the Office of Counter- narcotics Enforcement.
p.(None): ‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—Except as pro-
p.(None): vided in subsection (d), the Director of the Office of Counternarcotics Enforcement shall not be employed by,
...
p.(None): Chief Information Officer.
p.(None): ‘‘(B) GEOSPATIAL INFORMATION OFFICER.—
p.(None): ‘‘(i) APPOINTMENT.—The Office of Geospatial Management shall be administered by the Geospatial
p.(None): Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief
p.(None): Information Officer.
p.(None): 6 USC 343 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3866 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(ii) FUNCTIONS.—The Geospatial Information Officer shall assist the Chief Information Officer in
p.(None): carrying out all functions under this section and in coordinating the geospatial information needs of the
p.(None): Department.
p.(None): ‘‘(C) COORDINATION OF GEOSPATIAL INFORMATION.—The
p.(None): Chief Information Officer shall establish and carry out a program to provide for the efficient use of
p.(None): geospatial information, which shall include—
p.(None): ‘‘(i) providing such geospatial information as may be necessary to implement the critical infrastructure
p.(None): protection programs;
p.(None): ‘‘(ii) providing leadership and coordination in meeting the geospatial information requirements of those
p.(None): responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infra- structure
p.(None): protection, and other functions of the Depart- ment; and
p.(None): ‘‘(iii) coordinating with users of geospatial informa- tion within the Department to assure interoperability and
p.(None): prevent unnecessary duplication.
p.(None): ‘‘(D) RESPONSIBILITIES.—In carrying out this sub- section, the responsibilities of the Chief Information
p.(None): Officer shall include—
p.(None): ‘‘(i) coordinating the geospatial information needs and activities of the Department;
p.(None): ‘‘(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the
p.(None): processes established under section 216 of the E- Government Act of 2002 (44 U.S.C. 3501 note), to
p.(None): facilitate the interoperability of geospatial information pertaining to homeland security among all users of
p.(None): such information within—
p.(None): ‘‘(I) the Department;
p.(None): ‘‘(II) State and local government; and ‘‘(III) the private sector;
p.(None): ‘‘(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities
p.(None): of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and
p.(None): ‘‘(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local
p.(None): Government Coordination and Preparedness on awarding grants to—
p.(None): ‘‘(I) fund the creation of geospatial data; and ‘‘(II) execute information sharing agreements regarding
p.(None): geospatial data with State, local, and
p.(None): tribal governments.
p.(None): ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
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p.(None): Sec. 6301. Bureau of Engraving and Printing security printing. Sec. 6302. Reporting of certain cross-border
p.(None): transmittal of funds. Sec. 6303. Terrorism financing.
p.(None): Subtitle E—Criminal History Background Checks Sec. 6401. Protect Act.
p.(None): Sec. 6402. Reviews of criminal records of applicants for private security officer em- ployment.
p.(None): Sec. 6403. Criminal history background checks.
p.(None): Subtitle F—Grand Jury Information Sharing Sec. 6501. Grand jury information sharing.
p.(None): Subtitle G—Providing Material Support to Terrorism Sec. 6601. Short title.
p.(None): Sec. 6602. Receiving military-type training from a foreign terrorist organization.
p.(None): Sec. 6603. Additions to offense of providing material support to terrorism. Sec. 6604. Financing of terrorism.
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004 Sec. 6701. Short title.
p.(None): Sec. 6702. Hoaxes and recovery costs.
p.(None): Sec. 6703. Obstruction of justice and false statements in terrorism cases. Sec. 6704. Clarification of definition.
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004 Sec. 6801. Short title.
p.(None): Sec. 6802. Weapons of mass destruction.
p.(None): Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 Sec. 6901. Short title.
p.(None): Sec. 6902. Findings and purpose.
p.(None): Sec. 6903. Missile systems designed to destroy aircraft. Sec. 6904. Atomic weapons.
p.(None): Sec. 6905. Radiological dispersal devices. Sec. 6906. Variola virus.
p.(None): Sec. 6907. Interception of communications.
p.(None): Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. Sec. 6909. Amendments to section
p.(None): 1956(c)(7)(d) of title 18, United States Code. Sec. 6910. Export licensing process.
p.(None): Sec. 6911. Clerical amendments.
p.(None): Subtitle K—Pretrial Detention of Terrorists Sec. 6951. Short title.
p.(None): Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
p.(None): TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
p.(None): Sec. 7001. Short title.
p.(None): Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism Sec. 7101. Findings.
p.(None): Sec. 7102. Terrorist sanctuaries.
p.(None): Sec. 7103. United States commitment to the future of Pakistan. Sec. 7104. Assistance for Afghanistan.
p.(None): Sec. 7105. The relationship between the United States and Saudi Arabia. Sec. 7106. Efforts to combat Islamist
p.(None): terrorism.
p.(None):
p.(None):
p.(None): 118 STAT. 3642 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Sec. 7107. United States policy toward dictatorships.
p.(None): Sec. 7108. Promotion of free media and other American values.
p.(None): Sec. 7109. Public diplomacy responsibilities of the Department of State. Sec. 7110. Public diplomacy training.
p.(None): Sec. 7111. Promoting democracy and human rights at international organizations. Sec. 7112. Expansion of
p.(None): United States scholarship and exchange programs in the
p.(None): Islamic world.
...
p.(None): ‘‘(2) act as the principal adviser to the President, to the National Security Council, and the Homeland
p.(None): Security Council for intelligence matters related to the national security; and ‘‘(3) consistent with
p.(None): section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the
p.(None): implementation of the National Intelligence Program.
p.(None): ‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the position of Director of National
p.(None): Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or
p.(None): as the head of any other element of the intelligence community.
p.(None): ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director
p.(None): of National Intelligence shall be responsible for ensuring that national intelligence is provided—
p.(None): ‘‘(A) to the President;
p.(None): ‘‘(B) to the heads of departments and agencies of the execu- tive branch;
p.(None): ‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
p.(None): ‘‘(D) to the Senate and House of Representatives and the committees thereof; and
p.(None): ‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate.
p.(None): ‘‘(2) Such national intelligence should be timely, objective, inde- pendent of political considerations, and based
p.(None): upon all sources available to the intelligence community and other appropriate enti- ties.
p.(None): ‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by the President, the Director of National
p.(None): Intelligence shall have access to all national intelligence and intelligence related to the national security
p.(None): which is collected by any Federal department, agency, or other entity, except as otherwise provided by
p.(None): law or, as appro- priate, under guidelines agreed upon by the Attorney General and the Director of National
p.(None): Intelligence.
p.(None): ‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests and appropriations for the National
p.(None): Intelligence Program, the Director of National Intelligence shall—
p.(None): ‘‘(A) based on intelligence priorities set by the President, provide to the heads of departments
p.(None): containing agencies or organizations within the intelligence community, and to the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3645
p.(None):
p.(None): heads of such agencies and organizations, guidance for devel- oping the National Intelligence Program
p.(None): budget pertaining to such agencies and organizations;
p.(None): ‘‘(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and
p.(None): organiza- tions within the intelligence community and the heads of their respective departments and, as
p.(None): appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an
p.(None): annual consolidated National Intelligence Program budget; and
p.(None): ‘‘(C) present such consolidated National Intelligence Pro- gram budget, together with any comments from
p.(None): the heads of departments containing agencies or organizations within the intelligence community, to the President for
p.(None): approval.
p.(None): ‘‘(2) In addition to the information provided under paragraph (1)(B), the heads of agencies and
...
p.(None): the Judiciary of the Senate and the House of Representatives.
p.(None): ‘‘(D) The Director shall include in any notice under subpara- graph (C) an explanation of the nature of
p.(None): the transfer and how it satisfies the requirements of this paragraph.
p.(None): ‘‘(3) It is the sense of Congress that—
p.(None): ‘‘(A) the nature of the national security threats facing the United States will continue to
p.(None): challenge the intelligence community to respond rapidly and flexibly to bring analytic resources to bear
p.(None): against emerging and unforeseen require- ments;
p.(None): ‘‘(B) both the Office of the Director of National Intelligence and any analytic centers determined to be
p.(None): necessary should be fully and properly supported with appropriate levels of per- sonnel resources and that the
p.(None): President’s yearly budget requests adequately support those needs; and
p.(None): ‘‘(C) the President should utilize all legal and administra- tive discretion to ensure that the Director
p.(None): of National Intel- ligence and all other elements of the intelligence community have the necessary
p.(None): resources and procedures to respond promptly and effectively to emerging and unforeseen national
p.(None): security challenges.
p.(None): ‘‘(f) TASKING AND OTHER AUTHORITIES.—(1)(A) The Director
p.(None): of National Intelligence shall—
p.(None): ‘‘(i) establish objectives, priorities, and guidance for the intelligence community to ensure timely and
p.(None): effective collection, processing, analysis, and dissemination (including access by users to collected data
p.(None): consistent with applicable law and, as appropriate, the guidelines referred to in subsection (b) and
p.(None): analytic products generated by or within the intelligence community) of national intelligence;
p.(None): ‘‘(ii) determine requirements and priorities for, and manage and direct the tasking of, collection, analysis,
p.(None): production, and dissemination of national intelligence by elements of the intel- ligence community, including—
p.(None): ‘‘(I) approving requirements (including those require- ments responding to needs provided by consumers) for
p.(None): collection and analysis; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3649
p.(None):
p.(None):
p.(None): ‘‘(II) resolving conflicts in collection requirements and in the tasking of national collection assets of the
p.(None): elements of the intelligence community; and
p.(None): ‘‘(iii) provide advisory tasking to intelligence elements of those agencies and departments not within the
p.(None): National Intel- ligence Program.
p.(None): ‘‘(B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply—
p.(None): ‘‘(i) insofar as the President so directs;
p.(None): ‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking
p.(None): authority under plans or arrangements agreed upon by the Secretary of Defense and the Director of National
p.(None): Intelligence; or
p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None): ‘‘(6) The Director of National Intelligence shall establish requirements and priorities for foreign
p.(None): intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
p.(None): et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic
p.(None): surveil- lance or physical searches under that Act is disseminated so it may be used efficiently and
p.(None): effectively for national intelligence purposes, except that the Director shall have no authority to direct or
p.(None): undertake electronic surveillance or physical search operations pursuant to that Act unless authorized by
p.(None): statute or Executive order.
p.(None): ‘‘(7) The Director of National Intelligence shall perform such other functions as the President may direct.
p.(None): ‘‘(8) Nothing in this title shall be construed as affecting the role of the Department of Justice or
p.(None): the Attorney General under the Foreign Intelligence Surveillance Act of 1978.
p.(None): ‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) The Director
p.(None): of National Intelligence shall have principal authority to ensure maximum availability of and access to
p.(None): intelligence information within the intelligence community consistent with national security requirements. The
p.(None): Director of National Intelligence shall—
p.(None): ‘‘(A) establish uniform security standards and procedures; ‘‘(B) establish common information technology
p.(None): standards,
p.(None): protocols, and interfaces;
p.(None): ‘‘(C) ensure development of information technology systems that include multi-level security and intelligence
p.(None): integration capabilities;
p.(None): ‘‘(D) establish policies and procedures to resolve conflicts between the need to share intelligence
p.(None): information and the need to protect intelligence sources and methods;
p.(None): ‘‘(E) develop an enterprise architecture for the intelligence community and ensure that elements of the intelligence
p.(None): commu- nity comply with such architecture; and
p.(None): ‘‘(F) have procurement approval authority over all enter- prise architecture-related information technology
p.(None): items funded in the National Intelligence Program.
p.(None): ‘‘(2) The President shall ensure that the Director of National Intelligence has all necessary support and
p.(None): authorities to fully and effectively implement paragraph (1).
p.(None): ‘‘(3) Except as otherwise directed by the President or with the specific written agreement of the head
p.(None): of the department or agency in question, a Federal agency or official shall not be consid- ered to have met any
p.(None): obligation to provide any information, report, assessment, or other material (including unevaluated intelligence
p.(None): information) to that department or agency solely by virtue of having provided that information, report, assessment,
...
p.(None):
p.(None):
p.(None): ‘‘(A) to encourage sound analytic methods and tradecraft throughout the elements of the
p.(None): intelligence community;
p.(None): ‘‘(B) to ensure that analysis is based upon all sources available; and
p.(None): ‘‘(C) to ensure that the elements of the intelligence community regularly conduct competitive analysis of
p.(None): ana- lytic products, whether such products are produced by or disseminated to such elements;
p.(None): ‘‘(2) ensure that resource allocation for intelligence analysis is appropriately proportional to resource
p.(None): allocation for intel- ligence collection systems and operations in order to maximize analysis of all collected data;
p.(None): ‘‘(3) ensure that differences in analytic judgment are fully considered and brought to the attention of
p.(None): policymakers; and ‘‘(4) ensure that sufficient relationships are established between intelligence collectors and
p.(None): analysts to facilitate greater
p.(None): understanding of the needs of analysts.
p.(None): ‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.—
p.(None): (1) The Director of National Intelligence shall protect intelligence sources and methods from unauthorized
p.(None): disclosure.
p.(None): ‘‘(2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director
p.(None): of National Intelligence shall establish and implement guidelines for the intelligence community for
p.(None): the following purposes:
p.(None): ‘‘(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
p.(None): ‘‘(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
p.(None): ‘‘(C) Preparation of intelligence products in such a way that source information is removed to allow for
p.(None): dissemination at the lowest level of classification possible or in unclassified form to the extent
p.(None): practicable.
p.(None): ‘‘(3) The Director may only delegate a duty or authority given the Director under this subsection to the
p.(None): Principal Deputy Director of National Intelligence.
p.(None): ‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
p.(None): INFORMATION.—The Director of National Intelligence, subject to the direction of the President, shall—
p.(None): ‘‘(1) establish uniform standards and procedures for the grant of access to sensitive compartmented information
p.(None): to any officer or employee of any agency or department of the United States and to employees of contractors of
p.(None): those agencies or departments;
p.(None): ‘‘(2) ensure the consistent implementation of those stand- ards and procedures throughout such agencies
p.(None): and depart- ments;
p.(None): ‘‘(3) ensure that security clearances granted by individual elements of the intelligence community are
p.(None): recognized by all elements of the intelligence community, and under contracts entered into by those agencies;
p.(None): and
p.(None): ‘‘(4) ensure that the process for investigation and adjudica- tion of an application for access to sensitive
p.(None): compartmented information is performed in the most expeditious manner pos- sible consistent with applicable
p.(None): standards for national security. ‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the President and in a manner consistent with section
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Guidelines.
p.(None):
p.(None):
p.(None): 118 STAT. 3652 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National Intelligence shall oversee the
p.(None): coordination of the rela- tionships between elements of the intelligence community and the intelligence or
p.(None): security services of foreign governments or inter- national organizations on all matters involving intelligence
p.(None): related to the national security or involving intelligence acquired through clandestine means.
p.(None):
p.(None): Regulations.
p.(None): ‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A) The Director
p.(None): of National Intelligence shall, under regulations prescribed by the Director, provide incentives for
p.(None): personnel of elements of the intel- ligence community to serve—
p.(None): ‘‘(i) on the staff of the Director of National Intelligence; ‘‘(ii) on the staff of the national intelligence
p.(None): centers;
p.(None): ‘‘(iii) on the staff of the National Counterterrorism Center;
p.(None):
p.(None): and
p.(None): ‘‘(iv) in other positions in support of the intelligence commu-
p.(None): nity management functions of the Director.
...
p.(None): the ISE; and
p.(None): (C) determine and enforce the policies, directives, and rules that will govern the content and usage of the
p.(None): ISE.
p.(None): (2) ATTRIBUTES.—The President shall, through the struc- tures described in subparagraphs (B) and (C) of
p.(None): paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information
p.(None): among all appropriate Fed- eral, State, local, and tribal entities, and the private sector through the use
p.(None): of policy guidelines and technologies. The Presi- dent shall, to the greatest extent practicable, ensure that
p.(None): the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and
p.(None): coordinated environment that—
p.(None):
p.(None): President.
p.(None): (A) connects existing systems, where appropriate, pro- vides no single points of failure, and allows users to share
p.(None): information among agencies, between levels of government, and, as appropriate, with the private sector;
p.(None): (B) ensures direct and continuous online electronic access to information;
p.(None): (C) facilitates the availability of information in a form and manner that facilitates its use in analysis,
p.(None): investiga- tions and operations;
p.(None): (D) builds upon existing systems capabilities currently in use across the Government;
p.(None):
p.(None):
p.(None): 118 STAT. 3666 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (E) employs an information access management approach that controls access to data rather than
p.(None): just systems and networks, without sacrificing security;
p.(None): (F) facilitates the sharing of information at and across all levels of security;
p.(None): (G) provides directory services, or the functional equivalent, for locating people and information;
p.(None): (H) incorporates protections for individuals’ privacy and civil liberties; and
p.(None): (I) incorporates strong mechanisms to enhance account- ability and facilitate oversight, including audits,
p.(None): authen- tication, and access controls.
p.(None): (c) PRELIMINARY REPORT.—Not later than 180 days after the date of the enactment of this Act, the
p.(None): program manager shall, in consultation with the Information Sharing Council—
p.(None): (1) submit to the President and Congress a description of the technological, legal, and policy issues
p.(None): presented by the creation of the ISE, and the way in which these issues will be addressed;
p.(None):
p.(None): Electronic directory.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None): (2) establish an initial capability to provide electronic direc- tory services, or the functional equivalent, to assist
p.(None): in locating in the Federal Government intelligence and terrorism informa- tion and people with relevant knowledge
p.(None): about intelligence and terrorism information; and
p.(None): (3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing
p.(None): information.
p.(None): (d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in no event later than 270 days after
p.(None): the date of the enactment of this Act, the President shall—
p.(None): (1) leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring,
p.(None): accessing, sharing, and using information, including guidelines to ensure that information is provided in
p.(None): its most shareable form, such as by using tearlines to separate out data from the sources and methods by
p.(None): which the data are obtained;
...
p.(None): Counterterrorism Center.
p.(None): ‘‘(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under
p.(None): subsection (h).
p.(None): ‘‘(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
p.(None): ‘‘(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other
p.(None): than intel- ligence operations).’’.
p.(None): ‘‘(d) PRIMARY MISSIONS.—The primary missions of the National Counterterrorism Center shall be as follows:
p.(None): ‘‘(1) To serve as the primary organization in the United States Government for analyzing and integrating
p.(None): all intel- ligence possessed or acquired by the United States Government pertaining to terrorism and
p.(None): counterterrorism, excepting intel- ligence pertaining exclusively to domestic terrorists and domestic
p.(None): counterterrorism.
p.(None): ‘‘(2) To conduct strategic operational planning for counterterrorism activities, integrating
p.(None): all instruments of national power, including diplomatic, financial, military, intel- ligence, homeland
p.(None): security, and law enforcement activities within and among agencies.
p.(None): ‘‘(3) To assign roles and responsibilities as part of its stra- tegic operational planning duties to lead Departments
p.(None): or agen- cies, as appropriate, for counterterrorism activities that are consistent with applicable
p.(None): law and that support counterterrorism strategic operational plans, but shall not direct the
p.(None): execution of any resulting operations.
p.(None): ‘‘(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support
p.(None): needed to execute their counterterrorism plans or perform independent, alter- native analysis.
p.(None): ‘‘(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned
p.(None): activities.
p.(None): ‘‘(6) To serve as the central and shared knowledge bank on known and suspected terrorists and
p.(None): international terror groups, as well as their goals, strategies, capabilities, and net- works of contacts and support.
p.(None): ‘‘(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—(1) The
p.(None): Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in
p.(None): section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal,
p.(None): State, or local government or other source nec- essary to fulfill its responsibilities and retain and
p.(None): disseminate such intelligence.
p.(None): ‘‘(2) Any agency authorized to conduct counterterrorism activi- ties may request information from the Center to
p.(None): assist it in its
p.(None):
p.(None):
p.(None): 118 STAT. 3674 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
p.(None): ‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The
p.(None): Director of the National Counterterrorism Center shall—
p.(None): ‘‘(A) serve as the principal adviser to the Director of National Intelligence on intelligence
p.(None): operations relating to counterterrorism;
p.(None): ‘‘(B) provide strategic operational plans for the civilian and military counterterrorism efforts of
p.(None): the United States Government and for the effective integration of counterterrorism
...
p.(None): responsibilities.
p.(None): ‘‘(3) The Director of the National Counterterrorism Center shall monitor the implementation of strategic operational
p.(None): plans, and shall obtain information from each element of the intelligence community, and from each other department,
p.(None): agency, or element of the United States Government relevant for monitoring the progress of such entity in
p.(None): implementing such plans.’’.
p.(None): SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
p.(None): Title I of the National Security Act of 1947, as amended by section 1021 of this Act, is further
p.(None): amended by adding at the end the following new section:
p.(None): ‘‘NATIONAL COUNTER PROLIFERATION CENTER
p.(None): ‘‘SEC. 119A. (a) ESTABLISHMENT.—Not later than 18 months after the date of the enactment of the National
p.(None): Security Intelligence Reform Act of 2004, the President shall establish a National Counter Proliferation Center, taking
p.(None): into account all appropriate government tools to prevent and halt the proliferation of weapons of mass
p.(None): destruction, their delivery systems, and related materials and tech- nologies.
p.(None): ‘‘(b) MISSIONS AND OBJECTIVES.—In establishing the National Counter Proliferation Center, the President
p.(None): shall address the fol- lowing missions and objectives to prevent and halt the proliferation of weapons of mass
p.(None): destruction, their delivery systems, and related materials and technologies:
p.(None): ‘‘(1) Establishing a primary organization within the United States Government for analyzing and integrating all
p.(None): intel- ligence possessed or acquired by the United States pertaining to proliferation.
p.(None): ‘‘(2) Ensuring that appropriate agencies have full access to and receive all-source intelligence support needed
p.(None): to execute their counter proliferation plans or activities, and perform inde- pendent, alternative analyses.
p.(None): ‘‘(3) Establishing a central repository on known and sus- pected proliferation activities, including the
p.(None): goals, strategies, capabilities, networks, and any individuals, groups, or entities engaged in proliferation.
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): 50 USC 404o–1.
p.(None):
p.(None):
p.(None): 118 STAT. 3676 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(4) Disseminating proliferation information, including pro- liferation threats and analyses, to the President, to the
p.(None): appro- priate departments and agencies, and to the appropriate committees of Congress.
p.(None): ‘‘(5) Conducting net assessments and warnings about the proliferation of weapons of mass destruction,
p.(None): their delivery systems, and related materials and technologies.
p.(None): ‘‘(6) Coordinating counter proliferation plans and activities of the various departments and agencies of the
p.(None): United States Government to prevent and halt the proliferation of weapons of mass destruction, their
p.(None): delivery systems, and related mate- rials and technologies.
p.(None): ‘‘(7) Conducting strategic operational counter proliferation planning for the United States Government to
...
p.(None): ensure that privacy and civil liberties are protected; and
p.(None): (B) the information sharing practices of the depart- ments, agencies, and elements of the executive
p.(None): branch to determine whether or not such practices appropriately pro- tect privacy and civil liberties and adhere
p.(None): to the informa- tion sharing guidelines under subsections (d) and (f) of section 1016 and to other
p.(None): applicable laws, regulations, and executive branch policies regarding the protection of pri- vacy and civil
p.(None): liberties.
p.(None): (3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are
p.(None): appropriately consid- ered in the implementation of laws, regulations, and executive branch policies related to
p.(None): efforts to protect the Nation against terrorism.
p.(None): (4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report
p.(None): to Congress, unclassified to the greatest extent possible (with a classified annex, if necessary), on the
p.(None): Board’s major activities during the preceding period.
p.(None): (d) ACCESS TO INFORMATION.—
p.(None): (1) AUTHORIZATION.—If determined by the Board to be nec- essary to carry out its responsibilities under this
p.(None): section, the Board is authorized, to the extent permitted by law, to—
p.(None): (A) have access from any department or agency of the executive branch, or any Federal officer or
p.(None): employee of any such department or agency, to all relevant records, reports, audits, reviews, documents, papers,
p.(None): recommenda- tions, or other relevant material, including classified information consistent with applicable
p.(None): law;
p.(None):
p.(None):
p.(None): 118 STAT. 3686 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interview or take statements from officers of any department or agency of the executive branch;
p.(None): (C) request information or assistance from any State, tribal, or local government; and
p.(None): (D)(i) request that persons (other than departments, agencies, and elements of the executive branch)
p.(None): produce for the Board relevant information, documents, reports, answers, records, accounts, papers, and other
p.(None): documentary and testimonial evidence; and
p.(None):
p.(None): Deadline. Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None): President. Congress.
p.(None): (ii) if the person to whom such a request is directed does not comply with the request within 45 days of
p.(None): receipt of such request, notify the Attorney General of such per- son’s failure to comply with such
p.(None): request, which notice shall include all relevant information.
...
p.(None): (2) any legal or practical impediments to using translators employed by the Federal, State, or local agencies
p.(None): on a full- time, part-time, or shared basis;
p.(None): (3) the needs of the Federal Bureau of Investigation for the specific translation services in certain
p.(None): languages, and rec- ommendations for meeting those needs;
p.(None): (4) the status of any automated statistical reporting system, including implementation and future viability;
p.(None): (5) the storage capabilities of the digital collection system or systems utilized;
p.(None): (6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and
p.(None): intel- ligence goals of the Federal Bureau of Investigation; and
p.(None): (7) a description of the implementation of quality control procedures and mechanisms for monitoring
p.(None): compliance with quality control procedures.
p.(None):
p.(None): TITLE III—SECURITY CLEARANCES
p.(None):
p.(None):
p.(None): SEC. 3001. SECURITY CLEARANCES.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) The term ‘‘agency’’ means—
p.(None): (A) an executive agency (as that term is defined in section 105 of title 5, United States Code);
p.(None): (B) a military department (as that term is defined in section 102 of title 5, United States Code); and
p.(None): (C) an element of the intelligence community.
p.(None): (2) The term ‘‘authorized investigative agency’’ means an agency designated by the head of the agency selected
p.(None): pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who
p.(None): are proposed for access to classified information to ascertain whether such persons satisfy the criteria for
p.(None): obtaining and retaining access to such informa- tion.
p.(None): (3) The term ‘‘authorized adjudicative agency’’ means an agency authorized by law, regulation, or
p.(None): direction of the Director of National Intelligence to determine eligibility for access to classified
p.(None): information in accordance with Executive Order 12968.
p.(None): (4) The term ‘‘highly sensitive program’’ means—
p.(None): (A) a government program designated as a Special Access Program (as that term is defined in section
p.(None): 4.1(h) of Executive Order 12958 or any successor Executive order); or
p.(None): 50 USC 435b.
p.(None): (B) a government program that applies restrictions required for—
p.(None): (i) restricted data (as that term is defined in sec- tion 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
p.(None): 2014(y)); or
p.(None): (ii) other information commonly referred to as ‘‘sen- sitive compartmented information’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3706 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (5) The term ‘‘current investigation file’’ means, with respect to a security clearance, a file on
p.(None): an investigation or adjudication that has been conducted during—
p.(None): (A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret
p.(None): Clear- ance, or the date access was granted to a highly sensitive program;
p.(None): (B) the 10-year period beginning on the date the secu- rity clearance was granted in the case of a Secret
p.(None): Clear- ance; and
p.(None): (C) the 15-year period beginning on the date the secu- rity clearance was granted in the case of a
p.(None): Confidential Clearance.
p.(None): (6) The term ‘‘personnel security investigation’’ means any investigation required for the purpose of determining the
p.(None): eligi- bility of any military, civilian, or government contractor per- sonnel to access classified information.
p.(None): (7) The term ‘‘periodic reinvestigations’’ means investiga- tions conducted for the purpose of updating a
p.(None): previously com- pleted background investigation—
p.(None): (A) every 5 years in the case of a top secret clearance or access to a highly sensitive program;
p.(None): (B) every 10 years in the case of a secret clearance;
p.(None): or
p.(None): (C) every 15 years in the case of a Confidential Clear-
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): ance.
p.(None): (8) The term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Secu-
p.(None): rity, Government Reform, and the Judiciary of the House of Representatives; and
p.(None): (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security
p.(None): and Governmental Affairs, and the Judiciary of the Senate.
p.(None): (b) SELECTION OF ENTITY.—Not later than 90 days after the date of the enactment of this Act, the
p.(None): President shall select a single department, agency, or element of the executive branch to be responsible
p.(None): for—
p.(None): (1) directing day-to-day oversight of investigations and adjudications for personnel security
p.(None): clearances, including for highly sensitive programs, throughout the United States Government;
p.(None): (2) developing and implementing uniform and consistent policies and procedures to ensure the effective,
p.(None): efficient, and timely completion of security clearances and determinations for access to highly sensitive
p.(None): programs, including the standard- ization of security questionnaires, financial disclosure require- ments for
p.(None): security clearance applicants, and polygraph policies and procedures;
p.(None): (3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
p.(None): (4) ensuring reciprocal recognition of access to classified information among the agencies of the United
p.(None): States Govern- ment, including acting as the final authority to arbitrate and resolve disputes involving the
p.(None): reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3707
p.(None):
p.(None):
p.(None): (5) ensuring, to the maximum extent practicable, that suffi- cient resources are available in each agency to achieve
p.(None): clearance and investigative program goals; and
p.(None): (6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of
p.(None): investigations and granting of clearances.
p.(None): (c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—
p.(None): (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of
p.(None): this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b),
p.(None): select a single agency of the executive branch to conduct, to the maximum extent practicable, security
p.(None): clearance investigations of employees and contractor personnel of the United States Government who require access
p.(None): to classified information and to provide and maintain all security clearances of such employees and
p.(None): contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to
p.(None): conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it
p.(None): appropriate for national security and efficiency purposes.
p.(None): (2) The agency selected under paragraph (1) shall—
p.(None): (A) take all necessary actions to carry out the requirements of this section, including entering into a memorandum of
p.(None): under- standing with any agency carrying out responsibilities relating to security clearances or security clearance
p.(None): investigations before the date of the enactment of this Act;
p.(None): (B) as soon as practicable, integrate reporting of security clearance applications, security clearance
p.(None): investigations, and determinations of eligibility for security clearances, with the database required by
p.(None): subsection (e); and
p.(None): (C) ensure that security clearance investigations are con- ducted in accordance with uniform standards and
p.(None): requirements established under subsection (b), including uniform security questionnaires and financial disclosure
p.(None): requirements.
p.(None): (d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETER- MINATIONS.—(1) All security clearance background
p.(None): investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency
p.(None): shall be accepted by all agencies.
p.(None): (2) All security clearance background investigations initiated by an authorized investigative agency shall
p.(None): be transferable to any other authorized investigative agency.
p.(None): (3)(A) An authorized investigative agency or authorized adju- dicative agency may not establish additional
p.(None): investigative or adju- dicative requirements (other than requirements for the conduct of a polygraph
p.(None): examination) that exceed requirements specified in Executive Orders establishing security requirements for
p.(None): access to classified information without the approval of the head of the entity selected pursuant to
p.(None): subsection (b).
p.(None): (B) Notwithstanding subparagraph (A), the head of the entity selected pursuant to subsection (b) may
p.(None): establish such additional requirements as the head of such entity considers necessary for national security
p.(None): purposes.
p.(None): (4) An authorized investigative agency or authorized adjudica- tive agency may not conduct an investigation for
p.(None): purposes of deter- mining whether to grant a security clearance to an individual where a current
p.(None): investigation or clearance of equal level already
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None):
p.(None):
p.(None): 118 STAT. 3708 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): exists or has been granted by another authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section
p.(None): on a case-by-case basis if the head of the entity selected pursuant to subsection (b) deter- mines that
p.(None): such action is necessary for national security purposes.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None): Deadline. Establishment.
p.(None): (6) The head of the entity selected pursuant to subsection
p.(None): (b) shall establish a review procedure by which agencies can seek review of actions required under this
p.(None): section.
p.(None): (e) DATABASE ON SECURITY CLEARANCES.—(1) Not later than 12 months after the date of the enactment of this
p.(None): Act, the Director of the Office of Personnel Management shall, in cooperation with the heads of the
p.(None): entities selected pursuant to subsections (b) and (c), establish and commence operating and
p.(None): maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial,
p.(None): or revocation of a security clearance or access pertaining to military, civilian, or government contractor
p.(None): personnel shall be entered from all authorized investigative and adjudicative agencies.
p.(None): (2) The database under this subsection shall function to integrate information from existing Federal
p.(None): clearance tracking sys- tems from other authorized investigative and adjudicative agencies into a single consolidated
p.(None): database.
p.(None): (3) Each authorized investigative or adjudicative agency shall check the database under this subsection to
p.(None): determine whether an individual the agency has identified as requiring a security clearance has already been
p.(None): granted or denied a security clearance, or has had a security clearance revoked, by any other authorized
p.(None): investigative or adjudicative agency.
p.(None): (4) The head of the entity selected pursuant to subsection
p.(None): (b) shall evaluate the extent to which an agency is submitting information to, and requesting information
p.(None): from, the database under this subsection as part of a determination of whether to certify the agency as an
p.(None): authorized investigative agency or authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may authorize an agency to withhold information about certain individuals from the database under this
p.(None): subsection if the head of the entity considers it necessary for national security purposes.
p.(None): (f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEAR- ANCE INVESTIGATIONS AND ADJUDICATIONS.—(1) The
p.(None): head of the entity selected pursuant to subsection (b) shall evaluate the use of available information
p.(None): technology and databases to expedite inves- tigative and adjudicative processes for all and to verify standard
p.(None): information submitted as part of an application for a security clear- ance.
p.(None): (2) The evaluation shall assess the application of the tech- nologies described in paragraph (1) for—
p.(None): (A) granting interim clearances to applicants at the secret, top secret, and special access program levels before the
p.(None): comple- tion of the appropriate full investigation;
p.(None): (B) expediting investigations and adjudications of security clearances, including verification of information
p.(None): submitted by the applicant;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3709
p.(None):
p.(None):
p.(None): (C) ongoing verification of suitability of personnel with security clearances in effect for continued
p.(None): access to classified information;
p.(None): (D) use of such technologies to augment periodic reinves- tigations;
p.(None): (E) assessing the impact of the use of such technologies on the rights of applicants to verify,
p.(None): correct, or challenge information obtained through such technologies; and
p.(None): (F) such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate.
p.(None): (3) An individual subject to verification utilizing the technology described in paragraph (1) shall be notified
p.(None): of such verification, shall provide consent to such use, and shall have access to data being verified in
p.(None): order to correct errors or challenge information the individual believes is incorrect.
p.(None): (4) Not later than one year after the date of the enactment of this Act, the head of the entity
p.(None): selected pursuant to subsection
p.(None): (b) shall submit to the President and the appropriate committees of Congress a report on the results of
p.(None): the evaluation, including recommendations on the use of technologies described in paragraph (1).
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None): (g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.—(1) The head of the entity selected pursuant to
p.(None): subsection
p.(None): (b) shall, within 90 days of selection under that subsection, develop, in consultation with the appropriate
p.(None): committees of Congress and each authorized adjudicative agency, a plan to reduce the length of the
p.(None): personnel security clearance process.
p.(None): (2)(A) To the extent practical the plan under paragraph (1) shall require that each authorized
p.(None): adjudicative agency make a determination on at least 90 percent of all applications for a per- sonnel
p.(None): security clearance within an average of 60 days after the date of receipt of the completed application for a
p.(None): security clearance by an authorized investigative agency. Such 60-day average period shall include—
p.(None): (i) a period of not longer than 40 days to complete the investigative phase of the clearance review; and
p.(None): (ii) a period of not longer than 20 days to complete the adjudicative phase of the clearance review.
...
p.(None): (F) of section 114(t)(3), the modal security plan for aviation prepared under sec- tion 114(t) shall—
p.(None): ‘‘(1) establish a damage mitigation and recovery plan for the aviation system in the event of a
p.(None): terrorist attack; and ‘‘(2) include a threat matrix document that outlines each threat to the United
p.(None): States civil aviation system and the cor- responding layers of security in place to address such threat.
p.(None):
p.(None): Deadline. Guidelines.
p.(None): ‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days after the date of the submission of the National Strategy for
p.(None): Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security
p.(None): (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and
p.(None): oper- ations against the threats identified in the plans prepared under section 114(t)(1) and shall
p.(None): approve best practices guidelines for airport assets.’’.
p.(None):
p.(None): Subtitle B—Aviation Security
p.(None): SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECH- NOLOGY.
p.(None): (a) USE OF BIOMETRIC IDENTIFIER TECHNOLOGY.—Section 44903(h) of title 49, United States Code, is amended—
p.(None): (1) in paragraph (4)(E) by striking ‘‘may provide for’’ and inserting ‘‘shall issue, not later than March 31,
p.(None): 2005, guidance for’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
p.(None): CONTROL SYSTEMS.—In issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security
p.(None): (Transpor- tation Security Administration) in consultation with representa- tives of the aviation industry, the
p.(None): biometric identifier industry,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3713
p.(None):
p.(None):
p.(None): and the National Institute of Standards and Technology, shall establish, at a minimum—
p.(None): ‘‘(A) comprehensive technical and operational system requirements and performance standards for the use of
p.(None): biometric identifier technology in airport access control sys- tems (including airport perimeter access control
p.(None): systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
p.(None): ‘‘(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
p.(None): ‘‘(C) procedures for implementing biometric identifier
p.(None): systems—
p.(None): ‘‘(i) to ensure that individuals do not use an assumed identity to enroll in a biometric
p.(None): identifier system; and
p.(None): ‘‘(ii) to resolve failures to enroll, false matches, and false non-matches; and
p.(None): ‘‘(D) best practices for incorporating biometric identifier technology into airport access control systems in
p.(None): the most effective manner, including a process to best utilize existing airport access control systems,
p.(None): facilities, and equipment and existing data networks connecting airports.
p.(None): ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL.—
p.(None): ‘‘(A) IN GENERAL.—Not later than 120 days after the date of enactment of this paragraph, the Assistant
p.(None): Sec- retary, in consultation with the Attorney General, shall— ‘‘(i) establish a law enforcement
p.(None): officer travel credential that incorporates biometric identifier tech- nology and is uniform across all
p.(None): Federal, State, local, tribal, and territorial government law enforcement
p.(None): agencies;
p.(None): ‘‘(ii) establish a process by which the travel creden- tial will be used to verify the identity of a Federal,
p.(None): State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board an aircraft, without
p.(None): unnecessarily disclosing to the public that the indi- vidual is a law enforcement officer;
p.(None): ‘‘(iii) establish procedures—
p.(None): ‘‘(I) to ensure that only Federal, State, local, tribal, and territorial government law enforcement officers are
p.(None): issued a law enforcement travel creden- tial;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): ‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than 180 days after completion of testing under clause (i),
p.(None): the Assistant Secretary, or the designee of the Assist- ant Secretary, shall begin to assume the performance of
p.(None): the passenger prescreening function of comparing passenger information to the automatic selectee and no fly
p.(None): lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist main-
p.(None): tained by the Federal Government in performing that function.
p.(None): ‘‘(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii), the Assistant Secretary shall—
p.(None): Deadlines.
p.(None):
p.(None): ‘‘(I) establish a procedure to enable airline pas- sengers, who are delayed or prohibited from boarding a
p.(None): flight because the advanced passenger prescreening system determined that they might pose a security
p.(None): threat, to appeal such determina- tion and correct information contained in the system;
p.(None): ‘‘(II) ensure that Federal Government data- bases that will be used to establish the identity of a
p.(None): passenger under the system will not produce a large number of false positives;
p.(None): ‘‘(III) establish an internal oversight board to oversee and monitor the manner in which the system is
p.(None): being implemented;
p.(None): ‘‘(IV) establish sufficient operational safe- guards to reduce the opportunities for abuse;
p.(None): ‘‘(V) implement substantial security measures to protect the system from unauthorized access; ‘‘(VI) adopt
p.(None): policies establishing effective over- sight of the use and operation of the system; and ‘‘(VII) ensure that
p.(None): there are no specific privacy concerns with the technological architecture of the
p.(None): system.
p.(None): ‘‘(iv) PASSENGER INFORMATION.—Not later than 180 days after the completion of the testing of the advanced passenger
p.(None): prescreening system, the Assistant Sec- retary, by order or interim final rule—
p.(None): ‘‘(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed
p.(None): to begin implementing the advanced pas- senger prescreening system; and
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None): 118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(II) shall require entities that provide systems and services to air carriers in the operation of air
p.(None): carrier reservations systems to provide to air carriers passenger information in possession of such
p.(None): entities, but only to the extent necessary to comply with subclause (I).
p.(None): ‘‘(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—
p.(None): The Assistant Secretary of Homeland Security (Transpor- tation Security Administration), in coordination
p.(None): with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure
p.(None): that individ- uals are screened against all appropriate records in the consolidated and integrated terrorist
p.(None): watchlist maintained by the Federal Government before—
p.(None): ‘‘(i) being certificated by the Federal Aviation Administration;
p.(None): ‘‘(ii) being granted unescorted access to the secure area of an airport; or
p.(None): ‘‘(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of
p.(None): title 49, Code of Federal Regulations, or any successor regu- lation to such section) of an airport.
p.(None): ‘‘(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.—
p.(None):
p.(None): Deadline.
p.(None): ‘‘(i) IN GENERAL.—Not later than 90 days after the date on which the Assistant Secretary assumes the
p.(None): performance of the advanced passenger pre- screening function under subparagraph (C)(ii), the
p.(None): Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transpor- tation
p.(None): with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight
p.(None): greater than 12,500 pounds may—
p.(None): ‘‘(I) request the Department of Homeland Security to use the advanced passenger pre- screening
p.(None): system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight
p.(None): greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual
p.(None): seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic
p.(None): selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist
p.(None): watchlist maintained by the Federal Government; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None): ‘‘(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or
p.(None): transport aboard such aircraft any persons identified on such watch list.
...
p.(None): or withholding of removal.
p.(None): (8) The likelihood that an alien connected to or with ties to terrorism has used the United States
p.(None): asylum system to enter or remain in the United States in order to plan, conspire, or carry out, or attempt to
p.(None): plan, conspire, or carry out, an act of terrorism.
p.(None): (c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of conducting the study under subsection (a), the
p.(None): Comptroller General shall consider the possibility, and assess the likelihood, that an alien whom the United
p.(None): States Government accuses or has accused of having a connection to or ties to terrorism is in fact
p.(None): connected to or tied to terrorism, notwithstanding any administrative or judicial determination to the
p.(None): contrary.
p.(None): (d) SCOPE.—In conducting the study under subsection (a), the Comptroller General shall seek information
p.(None): from the Department of Homeland Security, the Federal Bureau of Investigation, the Central Intelligence
p.(None): Agency, the Department of Justice, foreign
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3739
p.(None):
p.(None): governments, experts in the field of alien terrorists, and any other appropriate source.
p.(None): (e) PRIVACY.—
p.(None): (1) IN GENERAL.—Notwithstanding section 208.6 of title 8, Code of Federal Regulations, the Comptroller General
p.(None): shall, for purposes of the study under subsection (a), have access to the applications and administrative
p.(None): and judicial records of alien applicants for asylum and withholding of removal. Except for purposes of preparing the
p.(None): reports under subsection (f), such information shall not be further disclosed or disseminated, nor shall the names
p.(None): or personal identifying information of any applicant be released.
p.(None): (2) SECURITY OF RECORDS.—The Comptroller General shall ensure that records received pursuant to this section are appro-
p.(None): priately secured to prevent their inadvertent disclosure.
p.(None): (f) REPORT TO CONGRESS.—
p.(None): (1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Comptroller
p.(None): General shall submit to the appropriate committees of Congress and the Secretary of Homeland Security a
p.(None): report on the findings and recommendations of the Comptroller General under the study under subsection (a).
p.(None): (2) ELEMENTS.—The report under paragraph (1) shall include the following:
p.(None): (A) The assessment of the Comptroller General on each matter specified in subsection (b).
p.(None): (B) Any recommendations of the Comptroller General for such administrative action on any matter specified
p.(None): in subsection (a) as the Comptroller General considers nec- essary to better protect the national security of
p.(None): the United States.
p.(None): (C) Any recommendations of the Comptroller General for such legislative action on any matter specified in
p.(None): sub- section (a) as the Comptroller General considers necessary to better protect the national security of the United
p.(None): States.
...
p.(None): 224.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3743
p.(None):
p.(None):
p.(None): SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
p.(None): 1978.
p.(None): (a) ADDITIONAL REPORTING REQUIREMENTS.—The Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C.
p.(None): 1801 et seq.) is amended—
p.(None): (1) by redesignating—
p.(None): (A) title VI as title VII; and
p.(None): (B) section 601 as section 701; and
p.(None): (2) by inserting after title V the following new title:
p.(None): ‘‘TITLE VI—REPORTING REQUIREMENT
p.(None): ‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
p.(None): ‘‘(a) REPORT.—On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee
p.(None): on Intelligence of the House of Representatives, the Select Committee on Intel- ligence of the Senate,
p.(None): and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner con-
p.(None): sistent with the protection of the national security, a report setting forth with respect to the preceding 6-month
p.(None): period—
p.(None): ‘‘(1) the aggregate number of persons targeted for orders issued under this Act, including a breakdown of those
p.(None): targeted for—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 1801
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 1871
p.(None): note.
p.(None): ‘‘(A) electronic surveillance under section 105; ‘‘(B) physical searches under section 304;
p.(None): ‘‘(C) pen registers under section 402; and ‘‘(D) access to records under section 501;
p.(None): ‘‘(2) the number of individuals covered by an order issued pursuant to section 101(b)(1)(C);
p.(None): ‘‘(3) the number of times that the Attorney General has authorized that information obtained under this
p.(None): Act may be used in a criminal proceeding or any information derived there- from may be used in a criminal proceeding;
p.(None): ‘‘(4) a summary of significant legal interpretations of this Act involving matters before the Foreign
p.(None): Intelligence Surveil- lance Court or the Foreign Intelligence Surveillance Court of Review, including
p.(None): interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or
p.(None): the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and
p.(None): ‘‘(5) copies of all decisions (not including orders) or opinions of the Foreign Intelligence Surveillance Court or
p.(None): Foreign Intel- ligence Surveillance Court of Review that include significant construction or interpretation
p.(None): of the provisions of this Act. ‘‘(b) FREQUENCY.—The first report under this section shall be
p.(None): submitted not later than 6 months after the date of enactment of this section. Subsequent reports under
p.(None): this section shall be submitted semi-annually thereafter.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the For- eign Intelligence Act of 1978 (50 U.S.C.
p.(None): 1801 et seq.) is amended by striking the items relating to title VI and inserting the following new items:
p.(None): ‘‘TITLE VI—REPORTING REQUIREMENT
p.(None): ‘‘Sec. 601. Semiannual report of the Attorney General.
p.(None):
p.(None):
p.(None): 118 STAT. 3744 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘TITLE VII—EFFECTIVE DATE
p.(None): ‘‘Sec. 701. Effective date.’’.
p.(None):
p.(None): Subtitle B—Money Laundering and Terrorist Financing
p.(None): SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
p.(None): Subsection (d) of section 310 of title 31, United States Code, is amended—
p.(None): (1) by striking ‘‘APPROPRIATIONS.—There are authorized’’ and inserting ‘‘APPROPRIATIONS.—
p.(None): ‘‘(1) IN GENERAL.—There are authorized’’; and
p.(None): (2) by adding at the end the following new paragraph: ‘‘(2) AUTHORIZATION FOR FUNDING KEY
p.(None): TECHNOLOGICAL IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS.—There
p.(None): are authorized to be appropriated for fiscal year 2005 the following amounts, which are authorized to
p.(None): remain available until expended:
p.(None): ‘‘(A) BSA DIRECT.—For technological improvements to provide authorized law enforcement and financial regu-
p.(None): latory agencies with Web-based access to FinCEN data, to fully develop and implement the highly secure
p.(None): network required under section 362 of Public Law 107–56 to expe- dite the filing of, and reduce the
p.(None): filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN
p.(None): under chapter 53 and related provi- sions of law, and enable FinCEN to immediately alert financial
p.(None): institutions about suspicious activities that war- rant immediate and enhanced scrutiny, and to provide and
p.(None): upgrade advanced information-sharing technologies to materially improve the Government’s ability to exploit the
p.(None): information in the FinCEN data banks, $16,500,000.
p.(None): ‘‘(B) ADVANCED ANALYTICAL TECHNOLOGIES.—To pro-
p.(None): vide advanced analytical tools needed to ensure that the data collected by FinCEN under chapter 53 and
p.(None): related provisions of law are utilized fully and appropriately in safeguarding financial institutions and
p.(None): supporting the war on terrorism, $5,000,000.
p.(None): ‘‘(C) DATA NETWORKING MODERNIZATION.—To improve
p.(None): the telecommunications infrastructure to support the improved capabilities of the FinCEN systems,
p.(None): $3,000,000. ‘‘(D) ENHANCED COMPLIANCE CAPABILITY.—To improve
p.(None): the effectiveness of the Office of Compliance in FinCEN,
p.(None): $3,000,000.
p.(None): ‘‘(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES
p.(None): AND TERRORISM.—To provide development of, and training in the use of, technology to detect and prevent
p.(None): financial crimes and terrorism within and without the United States,
p.(None): $8,000,000.’’.
p.(None): SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY REAUTHORIZATION.
...
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
p.(None): of a participating State, fingerprints or other means of positive identification, as determined by the Attorney
p.(None): Gen- eral, of an employee of such employer for purposes of a criminal history record information search
p.(None): pursuant to this Act.
p.(None): (B) EMPLOYEE RIGHTS.—
p.(None): (i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the
p.(None): State identification bureau of the participating State the request to search the criminal history record
p.(None): information of the employee under this Act.
p.(None): (ii) ACCESS.—An authorized employer shall provide to the employee confidential access to any information relating to
p.(None): the employee received by the authorized employer pursuant to this Act.
p.(None): (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal
p.(None): history record information search from an authorized employer pursuant to this Act, submitted through the
p.(None): State identification bureau of a participating State, the Attorney General shall—
p.(None): (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal
p.(None): Bureau of Investigation; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757
p.(None):
p.(None):
p.(None): (ii) promptly provide any resulting identification and criminal history record information to the submit- ting
p.(None): State identification bureau requesting the information.
p.(None): (D) USE OF INFORMATION.—
p.(None): (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the
p.(None): State identification bureau, the information shall be used only as provided in clause (ii).
p.(None): (ii) TERMS.—In the case of—
p.(None): (I) a participating State that has no State standards for qualification to be a private security officer, the
p.(None): State shall notify an authorized employer as to the fact of whether an employee has been—
...
p.(None):
p.(None):
p.(None): (d) RECOMMENDATIONS.—The Attorney General shall make rec- ommendations to Congress for improving,
p.(None): standardizing, and consolidating the existing statutory authorization, programs, and procedures for the
p.(None): conduct of criminal history record checks for non-criminal justice purposes. In making these
p.(None): recommendations to Congress, the Attorney General shall consider—
p.(None): (1) the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal
p.(None): history information checks;
p.(None): (2) any security concerns created by the existence of these commercially available databases concerning their
p.(None): ability to provide sensitive information that is not readily available about law enforcement or intelligence
p.(None): officials, including their identity, residence, and financial status;
p.(None): (3) the effectiveness of utilizing State databases;
p.(None): (4) any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau
p.(None): of Inves- tigation to establish a system to provide criminal history information;
p.(None): (5) privacy rights and other employee protections, including—
p.(None): (A) employee consent;
p.(None): (B) access to the records used if employment was denied;
p.(None): (C) the disposition of the fingerprint submissions after the records are searched;
p.(None): (D) an appeal mechanism; and
p.(None): (E) penalties for misuse of the information;
p.(None): (6) the scope and means of processing background checks for private employers utilizing data maintained by the
p.(None): Federal Bureau of Investigation that the Attorney General should be allowed to authorize in cases where
p.(None): the authority for such checks is not available at the State level;
p.(None): (7) any restrictions that should be placed on the ability of an employer to charge an employee or prospective
p.(None): employee for the cost associated with the background check;
p.(None): (8) which requirements should apply to the handling of incomplete records;
p.(None): (9) the circumstances under which the criminal history information should be disseminated to the employer;
p.(None): (10) the type of restrictions that should be prescribed for the handling of criminal history information
p.(None): by an employer;
p.(None): (11) the range of Federal and State fees that might apply to such background check requests;
p.(None): (12) any requirements that should be imposed concerning the time for responding to such background check
p.(None): requests;
p.(None): (13) any infrastructure that may need to be developed to support the processing of such checks, including—
p.(None): (A) the means by which information is collected and submitted in support of the checks; and
...
p.(None): United States, or a national of the United States while such national is outside of the United States or
p.(None): against any property that is owned, leased, funded, or used by the United States, whether that property
p.(None): is within or outside of the United States, shall be imprisoned for any term of years or for life.
p.(None): ‘‘(d) As used in this section—
p.(None): ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
p.(None): to participation in nuclear and weapons of mass destruction threats to the United States)’’.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
p.(None): SEC. 6901. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’.
p.(None): SEC. 6902. FINDINGS AND PURPOSE.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘MANPADS’’) presents
p.(None): a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that
p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
p.(None): (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes
p.(None): fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention,
p.(None): meaning that it is believed to pose the greatest potential threat for adverse public health impact and has
p.(None): a moderate to high potential for large-scale dissemination. The last case of smallpox in the United
p.(None): States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox
p.(None): has been officially eradicated after a successful worldwide vaccination program, there remain two official
p.(None): repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal
p.(None): to terrorists.
p.(None): (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola
p.(None): virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign
p.(None): policy, economy, and environment of the United States. Accordingly, the United States has a compel- ling national
p.(None): security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including
p.(None): their unauthorized production, construction, acquisition, transfer, possession, import, or export. All
p.(None): of these activities markedly increase the chances that such items will be obtained by terrorist organizations or
p.(None): rogue states, which could use them to attack the United States, its allies, or United States nationals or
p.(None): corporations.
p.(None): (5) There is no legitimate reason for a private individual or company, absent explicit government
p.(None): authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use
p.(None): MANPADS, atomic or radiological weapons, or the variola virus.
p.(None): (b) PURPOSE.—The purpose of this subtitle is to combat the potential use of weapons that have the ability to
p.(None): cause widespread harm to United States persons and the United States economy
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Prevention of Terrorist Access to Destructive Weapons Act of 2004.
p.(None): 18 USC 1 note.
p.(None):
p.(None):
p.(None): 18 USC 175c
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3770 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of
p.(None): the United States.
p.(None): SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following:
p.(None): ‘‘§ 2332g. Missile systems designed to destroy aircraft
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the
p.(None): rocket or missile to—
p.(None): ‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an
p.(None): aircraft; or
p.(None): ‘‘(ii) otherwise direct or guide the rocket or missile to an aircraft;
p.(None): ‘‘(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
p.(None): ‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a
p.(None): rocket, missile, or device described in subparagraph (A) or (B). ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not
p.(None): apply to any
...
p.(None): (2) in clause (ii)—
p.(None): (A) by striking ‘‘section’’ and inserting ‘‘sections 92 (relating to prohibitions governing atomic weapons)
p.(None): or’’; and
p.(None): (B) by inserting ‘‘2122 or’’ before ‘‘2284’’.
p.(None): SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES CODE.
p.(None): Section 1956(c)(7)(D), title 18, United States Code, is amended—
p.(None): (1) by inserting after ‘‘section 152 (relating to concealment of assets; false oaths and claims; bribery),’’ the
p.(None): following: ‘‘sec- tion 175c (relating to the variola virus),’’;
p.(None): (2) by inserting after ‘‘section 2332(b) (relating to inter- national terrorist acts transcending national
p.(None): boundaries),’’ the following: ‘‘section 2332g (relating to missile systems designed to destroy aircraft),
p.(None): section 2332h (relating to radiological dis- persal devices),’’; and
p.(None): (3) striking ‘‘or’’ after ‘‘any felony violation of the Foreign Agents Registration Act of 1938,’’ and after
p.(None): ‘‘any felony violation of the Foreign Corrupt Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or section 92 of
p.(None): the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons)’’.
p.(None): SEC. 6910. EXPORT LICENSING PROCESS.
p.(None): Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C.
p.(None): 2778) is amended—
p.(None): (1) by striking ‘‘or’’ before ‘‘(xi)’’; and
p.(None): (2) by inserting after clause (xi) the following: ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention
p.(None): of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft
p.(None): (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dis- persal devices
p.(None): (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3775
p.(None):
p.(None):
p.(None): SEC. 6911. CLERICAL AMENDMENTS.
p.(None): (a) CHAPTER 113B.—The table of sections for chapter 113B of title 18, United States Code, is amended by
p.(None): inserting the fol- lowing after the item for section 2332f:
p.(None): ‘‘2332g. Missile systems designed to destroy aircraft. ‘‘2332h. Radiological dispersal devices.’’.
p.(None): (b) CHAPTER 10.—The table of sections for chapter 10 of title 18, United States Code, is amended by
p.(None): inserting the following item after the item for section 175b:
p.(None): ‘‘175c. Variola virus.’’.
p.(None):
p.(None): Subtitle K—Pretrial Detention of Terrorists
p.(None): SEC. 6951. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Pretrial Detention of Terror- ists Act of 2004’’.
p.(None): SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM.
p.(None): Section 3142 of title 18, United States Code, is amended—
p.(None): (1) in subsection (e)—
p.(None): (A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and
p.(None): (B) by inserting ‘‘or an offense listed in section 2332b(g)(5)(B) of title 18, United States
p.(None): Code, for which a maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘or 2332b of this
p.(None): title,’’; and
p.(None): (2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or an offense listed in section 2332b(g)(5)(B) for
...
p.(None):
p.(None):
p.(None): SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKI- STAN.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The Government of Pakistan has a critical role to per- form in the struggle against terrorism.
p.(None): (2) Due to its location, topography, social conditions, and other factors, Pakistan can be attractive to
p.(None): extremists seeking refuge or opportunities to recruit or train, or a place from which to operate against
p.(None): Coalition Forces in Afghanistan.
p.(None): (3) A stable Pakistan, with a moderate, responsible govern- ment that serves as a voice of tolerance in the
p.(None): Muslim world, is critical to stability in the region.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the United States should—
p.(None): (1) help to ensure a promising, stable, and secure future for Pakistan over the long term;
p.(None): (2) provide a comprehensive program of assistance to encourage and enable Pakistan—
p.(None): (A) to continue and improve upon its commitment to combating extremists;
p.(None): (B) to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
p.(None): (C) to continue to make efforts to fully control its territory and borders;
p.(None): (D) to progress toward becoming a more effective and participatory democracy;
p.(None): (E) to participate more vigorously in the global market- place and to continue to modernize its economy;
p.(None): (F) to take all necessary steps to halt the spread of weapons of mass destruction;
p.(None): (G) to improve and expand access to education for all citizens; and
p.(None): (H) to increase the number and level of exchanges between the Pakistani people and the American people;
p.(None): and
p.(None): (3) continue to provide assistance to Pakistan at not less than the overall levels requested by the
p.(None): President for fiscal year 2005.
p.(None): (c) EXTENSION OF PAKISTAN WAIVERS.—The Act entitled ‘‘An Act to authorize the President to exercise
p.(None): waivers of foreign assist- ance restrictions with respect to Pakistan through September 30, 2003, and for
p.(None): other purposes’’, approved October 27, 2001 (Public Law 107–57; 115 Stat. 403), as amended by section
p.(None): 2213 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and
p.(None): Afghanistan, 2004 (Public Law 108– 106; 117 Stat. 1232), is further amended—
p.(None): (1) in section 1(b)—
p.(None): (A) in the heading, by striking ‘‘FISCAL YEAR 2004’’ and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and
p.(None): (B) in paragraph (1), by striking ‘‘2004’’ and inserting ‘‘2005 or 2006’’;
p.(None): (2) in section 3(2), by striking ‘‘and 2004,’’ and inserting ‘‘2004, 2005, and 2006’’; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None):
p.(None): of Representatives.’’.
p.(None): (B) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by adding
p.(None): after the item relating to section 303 the following new item:
p.(None): ‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
p.(None): (f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): (1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and
p.(None): made progress on primary education, the United States must invest in a concerted effort in Afghanistan to
p.(None): improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university
p.(None): education systems, and to establish new initiatives to increase the capacity of civil society.
p.(None): (2) AMENDMENT.—Section 103(a)(5) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is
p.(None): amended to read as follows:
p.(None): ‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): ‘‘(A) EDUCATION.—To assist in the development of the capacity of the Government of Afghanistan to provide edu-
p.(None): cation to the people of Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for an educated citizenry through improved access to basic education, with particular
p.(None): emphasis on basic education for children, especially orphans;
p.(None): ‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus
p.(None): on the recruitment and training of female teachers;
p.(None): ‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incor-
p.(None): porate relevant information such as landmine aware- ness, food security and agricultural education, civic
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
...
p.(None): Govern- ment has launched promising initiatives in television and radio broadcasting to the Islamic world,
p.(None): including Iran and Afghanistan.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (A) the United States must do more to defend and promote its values and ideals to the broadest
p.(None): possible audience in countries with predominantly Muslim popu- lations;
p.(None): (B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate
p.(None): expressions of these values reach large Muslim audiences and should be robustly supported;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3791
p.(None):
p.(None): (C) the United States Government could and should do more to engage Muslim audiences in the struggle of
p.(None): ideas; and
p.(None): (D) the United States Government should more inten- sively employ existing broadcast media in the Islamic world as part
p.(None): of this engagement.
p.(None): (b) ENHANCING FREE AND INDEPENDENT MEDIA.—
p.(None): (1) FINDINGS.—Congress makes the following findings:
p.(None): (A) Freedom of speech and freedom of the press are fundamental human rights.
p.(None): (B) The United States has a national interest in pro- moting these freedoms by supporting free media
p.(None): abroad, which is essential to the development of free and democratic societies consistent with our own.
p.(None): (C) Free media is undermined, endangered, or non- existent in many repressive and transitional
p.(None): societies around the world, including in Eurasia, Africa, and the Middle East.
p.(None): (D) Individuals lacking access to a plurality of free media are vulnerable to misinformation and
p.(None): propaganda and are potentially more likely to adopt anti-United States views.
p.(None): (E) Foreign governments have a responsibility to actively and publicly discourage and rebut
p.(None): unprofessional and unethical media while respecting journalistic integrity and editorial independence.
p.(None): (2) STATEMENT OF POLICY.—It shall be the policy of the United States, acting through the Secretary of State,
p.(None): to—
p.(None): (A) ensure that the promotion of freedom of the press and freedom of media worldwide is a priority of
p.(None): United States foreign policy and an integral component of United States public diplomacy;
p.(None): (B) respect the journalistic integrity and editorial independence of free media worldwide; and
p.(None): (C) ensure that widely accepted standards for profes- sional and ethical journalistic and editorial
p.(None): practices are employed when assessing international media.
p.(None): (c) ESTABLISHMENT OF MEDIA NETWORK.—
p.(None): (1) GRANTS FOR ESTABLISHMENT OF NETWORK.—The Sec- retary of State shall, utilizing amounts authorized to be
p.(None): appro- priated by subsection (e)(2), make grants to the National Endowment for Democracy (NED)
p.(None): under the National Endow- ment for Democracy Act (22 U.S.C. 4411 et seq.) for utilization by the Endowment to
p.(None): provide funding to a private sector group to establish and manage a free and independent media network as specified in
p.(None): paragraph (2).
p.(None): (2) MEDIA NETWORK.—The media network established using funds under paragraph (1) shall provide an effective
...
p.(None): ‘‘(i) A bilateral or multilateral counterterrorism agreement. ‘‘(ii) A bilateral agreement with a country that
p.(None): is subject
p.(None): to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C.
p.(None): App. 2405(j)(1)(A)), sec- tion 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or
p.(None): section 40(d) of the Arms Export Control Act (22
p.(None): U.S.C. 2780(d)).’’.
p.(None): (e) ENFORCEMENT OF REQUIREMENTS.—Section 139(b) of the
p.(None):
p.(None): 1 USC 112b note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 1 USC 112a note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1776 note.
p.(None): Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 is amended to read as follows:
p.(None): ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days after the date of enactment of the 911 Commission
p.(None): Implementation Act of 2004 and shall apply during fiscal years 2005, 2006, and 2007.’’.
p.(None): SEC. 7122. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): Subtitle B—Terrorist Travel and Effective Screening
p.(None): SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Travel documents are as important to terrorists as weapons since terrorists must travel clandestinely
p.(None): to meet, train, plan, case targets, and gain access to attack sites.
p.(None): (2) International travel is dangerous for terrorists because they must surface to pass through regulated channels,
p.(None): present themselves to border security officials, or attempt to circumvent inspection points.
p.(None): (3) Terrorists use evasive, but detectable, methods to travel, such as altered and counterfeit passports and
p.(None): visas, specific travel methods and routes, liaisons with corrupt government officials, human smuggling
p.(None): networks, supportive travel agen- cies, and immigration and identity fraud.
p.(None): (4) Before September 11, 2001, no Federal agency systematically analyzed terrorist travel
p.(None): strategies. If an agency had done so, the agency could have discovered the ways in which the terrorist
p.(None): predecessors to al Qaeda had been
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3809
p.(None):
p.(None):
p.(None): systematically, but detectably, exploiting weaknesses in our border security since the early 1990s.
p.(None): (5) Many of the hijackers were potentially vulnerable to interception by border authorities. Analyzing
p.(None): their char- acteristic travel documents and travel patterns could have allowed authorities to intercept
p.(None): some of the hijackers and a more effective use of information available in government data- bases could have
p.(None): identified some of the hijackers.
p.(None): (6) The routine operations of our immigration laws and the aspects of those laws not specifically aimed
p.(None): at protecting against terrorism inevitably shaped al Qaeda’s planning and opportunities.
...
p.(None): protection meas- ures;
p.(None): (F) the additional assistance to be given to the inter- agency Human Smuggling and Trafficking Center for pur-
p.(None): poses of combatting terrorist travel, including further devel- oping and expanding enforcement and operational
p.(None): capabili- ties that address terrorist travel;
p.(None): (G) the actions to be taken to aid in the sharing of information between the frontline border agencies
p.(None): of the Department of Homeland Security, the Department of State, and classified and
p.(None): unclassified sources of counterterrorist travel intelligence and information else- where in the Federal
p.(None): Government, including the Human Smuggling and Trafficking Center;
p.(None): (H) the development and implementation of procedures to enable the National Counterterrorism Center, or its
p.(None): designee, to timely receive terrorist travel intelligence and documentation obtained at consulates and ports of
p.(None): entry, and by law enforcement officers and military personnel;
p.(None): (I) the use of foreign and technical assistance to advance border security measures and law
p.(None): enforcement operations against terrorist travel facilitators;
p.(None): (J) the feasibility of developing a program to provide each consular, port of entry, and immigration benefits
p.(None): office with a counterterrorist travel expert trained and authorized to use the relevant authentication technologies and
p.(None): cleared to access all appropriate immigration, law enforcement, and intelligence databases;
p.(None): (K) the feasibility of digitally transmitting suspect passport information to a central cadre of
p.(None): specialists, either as an interim measure until such time as experts described under subparagraph (J) are available
p.(None): at consular, port of entry, and immigration benefits offices, or otherwise;
p.(None): (L) the development of a mechanism to ensure the coordination and dissemination of terrorist travel
p.(None): intel- ligence and operational information among the Department of Homeland Security, the Department of
p.(None): State, the National Counterterrorism Center, and other appropriate agencies;
p.(None): (M) granting consular officers and immigration adju- dicators, as appropriate, the security clearances
p.(None): necessary to access law enforcement sensitive and intelligence data- bases; and
p.(None): (N) how to integrate travel document screening for terrorism indicators into border screening, and how to
p.(None): integrate the intelligence community into a robust travel document screening process to intercept terrorists.
p.(None): (c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND
p.(None): TRAINING.—
p.(None):
p.(None): Deadline.
p.(None): (1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.— Not later than 180 days after the date of enactment
p.(None): of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of State, shall
p.(None): submit to Congress a plan describing how the Department of Homeland Security and the Department of State can
p.(None): acquire and deploy, to the maximum
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3811
p.(None):
p.(None): extent feasible, to all consulates, ports of entry, and immigra- tion benefits offices, technologies
p.(None): that facilitate document authentication and the detection of potential terrorist indicators on travel
p.(None): documents. To the extent possible, technologies acquired and deployed under this plan shall be
p.(None): compatible with systems used by the Department of Homeland Security to detect fraudulent documents and identify
p.(None): genuine documents.
p.(None): (2) CONTENTS OF PLAN.—The plan submitted under para- graph (1) shall—
p.(None): (A) outline the timetable needed to acquire and deploy the authentication technologies;
p.(None): (B) identify the resources required to—
p.(None): (i) fully disseminate these technologies; and
p.(None): (ii) train personnel on use of these technologies;
p.(None):
...
p.(None): (ii) fulfills the statutory obligations under sub- section (b).
p.(None): (d) COLLECTION OF BIOMETRIC EXIT DATA.—The entry and exit data system shall include a requirement for
p.(None): the collection of biometric exit data for all categories of individuals who are required to provide biometric
p.(None): entry data, regardless of the port of entry where such categories of individuals entered the United
p.(None): States.
p.(None): (e) INTEGRATION AND INTEROPERABILITY.—
p.(None): (1) INTEGRATION OF DATA SYSTEM.—Not later than 2 years after the date of enactment of this Act, the
p.(None): Secretary shall fully integrate all databases and data systems that process or contain information on
p.(None): aliens, which are maintained by—
p.(None): (A) the Department of Homeland Security, at—
p.(None): (i) the United States Immigration and Customs Enforcement;
p.(None): (ii) the United States Customs and Border Protec- tion; and
p.(None): (iii) the United States Citizenship and Immigration Services;
p.(None): (B) the Department of Justice, at the Executive Office for Immigration Review; and
p.(None): (C) the Department of State, at the Bureau of Consular Affairs.
p.(None): (2) INTEROPERABLE COMPONENT.—The fully integrated data system under paragraph (1) shall be an interoperable
p.(None): compo- nent of the entry and exit data system.
p.(None): (3) INTEROPERABLE DATA SYSTEM.—Not later than 2 years after the date of enactment of this Act, the
p.(None): Secretary shall fully implement an interoperable electronic data system, as required by section 202 of the
p.(None): Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1722) to provide current and immediate access
p.(None): to information in the databases of Federal law enforcement agencies and the intelligence community that is relevant to
p.(None): determine—
p.(None): (A) whether to issue a visa; or
p.(None): (B) the admissibility or deportability of an alien.
p.(None): (f) MAINTAINING ACCURACY AND INTEGRITY OF ENTRY AND EXIT DATA SYSTEM.—
p.(None): (1) POLICIES AND PROCEDURES.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3820 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (A) ESTABLISHMENT.—The Secretary of Homeland Security shall establish rules, guidelines, policies, and oper-
p.(None): ating and auditing procedures for collecting, removing, and updating data maintained in, and adding information
p.(None): to, the entry and exit data system that ensure the accuracy and integrity of the data.
p.(None): (B) TRAINING.—The Secretary shall develop training on the rules, guidelines, policies, and procedures
p.(None): estab- lished under subparagraph (A), and on immigration law and procedure. All personnel authorized to access
p.(None): informa- tion maintained in the databases and data system shall receive such training.
p.(None): (2) DATA COLLECTED FROM FOREIGN NATIONALS.—The Sec- retary of Homeland Security, the Secretary of State,
p.(None): and the Attorney General, after consultation with directors of the rel- evant intelligence agencies, shall
p.(None): standardize the information and data collected from foreign nationals, and the procedures utilized to
p.(None): collect such data, to ensure that the information is consistent and valuable to officials accessing that data
p.(None): across multiple agencies.
p.(None): (3) DATA MAINTENANCE PROCEDURES.—Heads of agencies that have databases or data systems linked to the
p.(None): entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for
p.(None): collecting, removing, and updating data maintained in, and adding information to, such databases or data
p.(None): systems that ensure the accuracy and integ- rity of the data and for limiting access to the information in
p.(None): the databases or data systems to authorized personnel.
p.(None): (4) REQUIREMENTS.—The rules, guidelines, policies, and procedures established under this subsection shall—
p.(None): (A) incorporate a simple and timely method for—
p.(None): (i) correcting errors in a timely and effective manner;
p.(None): (ii) determining which government officer provided data so that the accuracy of the data can be
p.(None): ascertained; and
p.(None): (iii) clarifying information known to cause false hits or misidentification errors;
p.(None): (B) include procedures for individuals to—
p.(None): (i) seek corrections of data contained in the data- bases or data systems; and
p.(None): (ii) appeal decisions concerning data contained in the databases or data systems;
p.(None): (C) strictly limit the agency personnel authorized to enter data into the system;
p.(None): (D) identify classes of information to be designated as temporary or permanent entries, with corresponding
p.(None): expiration dates for temporary entries; and
p.(None): (E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
p.(None): (5) CENTRALIZING AND STREAMLINING CORRECTION PROCESS.—
p.(None):
p.(None): President. Establishment.
p.(None): (A) IN GENERAL.—The President, or agency director designated by the President, shall establish a clearinghouse
p.(None): bureau in the Department of Homeland Security, to cen- tralize and streamline the process through which members
p.(None): of the public can seek corrections to erroneous or inaccurate
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3821
p.(None):
p.(None): information contained in agency databases, which is related to immigration status, or which otherwise impedes
p.(None): lawful admission to the United States.
p.(None): (B) TIME SCHEDULES.—The process described in subparagraph (A) shall include specific time
p.(None): schedules for reviewing data correction requests, rendering decisions on such requests, and implementing
p.(None): appropriate corrective action in a timely manner.
p.(None): (g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.— The biometric entry and exit data system shall
p.(None): facilitate efficient immigration benefits processing by—
p.(None): (1) ensuring that the system’s tracking capabilities encom- pass data related to all immigration benefits
p.(None): processing, including—
p.(None): (A) visa applications with the Department of State;
p.(None): (B) immigration related filings with the Department of Labor;
p.(None): (C) cases pending before the Executive Office for Immigration Review; and
p.(None): (D) matters pending or under investigation before the Department of Homeland Security;
p.(None): (2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under
p.(None): the entry and exit data system to track all immigration related matters concerning the applicant;
p.(None): (3) providing that—
p.(None): (A) all information about an applicant’s immigration related history, including entry and exit history,
p.(None): can be queried through electronic means; and
p.(None): (B) database access and usage guidelines include strin- gent safeguards to prevent misuse of data;
p.(None): (4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all
p.(None): agencies referred to in paragraph (1); and
p.(None): (5) providing continuing education in counterterrorism techniques, tools, and methods for all
p.(None): Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
p.(None): (h) ENTRY-EXIT SYSTEM GOALS.—The Department of Homeland Security shall operate the biometric entry and exit
p.(None): system so that it—
p.(None): (1) serves as a vital counterterrorism tool;
p.(None): (2) screens travelers efficiently and in a welcoming manner;
p.(None): (3) provides inspectors and related personnel with adequate real-time information;
p.(None): (4) ensures flexibility of training and security protocols to most effectively comply with security mandates;
p.(None): (5) integrates relevant databases and plans for database modifications to address volume increase and
p.(None): database usage; and
p.(None): (6) improves database search capacities by utilizing lan- guage algorithms to detect alternate names.
p.(None): (i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL TRAINING.—In implementing the provisions of
p.(None): subsections (g) and (h), the Department of Homeland Security and the Department of State shall—
p.(None):
p.(None):
p.(None): 118 STAT. 3822 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
...
p.(None):
p.(None):
p.(None): (D) the Transportation Security Administration; and
p.(None): (E) any other subdivision, as determined by the Sec- retary; and
p.(None): (2) between the Department of Homeland Security and other appropriate Federal agencies.
p.(None): SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
p.(None): Section 1028(b)(4) of title 18, United States Code, is amended by striking ‘‘25 years’’ and inserting ‘‘30
p.(None): years’’.
p.(None): SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
p.(None): (a) IN GENERAL.—Not later than May 31, 2005, the Secretary of State, in consultation with the Secretary
p.(None): of Homeland Security, shall submit a report, containing the results of a study on the subjects described
p.(None): in subsection (b), to—
p.(None): (1) the Committee on the Judiciary of the Senate;
p.(None): (2) the Committee on the Judiciary of the House of Rep- resentatives;
p.(None): (3) the Committee on Foreign Relations of the Senate;
p.(None): (4) the Committee on International Relations of the House of Representatives;
p.(None): (5) the Committee on Homeland Security and Govern- mental Affairs of the Senate; and
p.(None): (6) the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
p.(None): (b) CONTENTS.—The study referred to in subsection (a) shall examine the feasibility, cost, potential benefits,
p.(None): and relative impor- tance to the objectives of tracking suspected terrorists’ travel, and apprehending
p.(None): suspected terrorists, of establishing a system, in coordination with other countries, through which border
p.(None): and visa issuance officials have access in real-time to information on newly issued passports to persons
p.(None): whose previous passports were allegedly lost or stolen.
p.(None): (c) INCENTIVES.—The study described in subsection (b) shall make recommendations on incentives that might
p.(None): be offered to encourage foreign nations to participate in the initiatives described in subsection (b).
p.(None): SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PRO- GRAM IN THE DEPARTMENT OF STATE.
p.(None): (a) ESTABLISHMENT.—There is established, within the Bureau of Diplomatic Security of the Department of
p.(None): State, the Visa and Passport Security Program (in this section referred to as the ‘‘Pro- gram’’).
p.(None): (b) PREPARATION OF STRATEGIC PLAN.—
p.(None): (1) IN GENERAL.—The Assistant Secretary for Diplomatic Security, in coordination with the appropriate
p.(None): officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the
p.(None): National Counterterrorism Center, and the Department of Homeland Security, and consistent with the
p.(None): strategy mandated by section 7201, shall ensure the preparation of a strategic plan to target and disrupt
p.(None): individuals and organizations, within the United States and in foreign countries, that are involved in the
p.(None): fraudulent production, dis- tribution, use, or other similar activity—
p.(None): (A) of a United States visa or United States passport;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): for identification purposes—
p.(None): (A) a valid, unexpired passport;
p.(None): (B) domestically issued documents that the Secretary of Homeland Security designates as reliable for
p.(None): identifica- tion purposes;
p.(None): (C) any document issued by the Attorney General or the Secretary of Homeland Security under the
p.(None): authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality
p.(None): Act (8 U.S.C. 1101(a)(17)); or
p.(None): (D) a document issued by the country of nationality of any alien not required to possess a passport
p.(None): for admis- sion to the United States that the Secretary designates as reliable for identifications purposes
p.(None): (2) EXCEPTION.—The documentary requirements described in paragraph (1)—
p.(None): (A) shall not apply to individuals below the age of 17, or such other age as determined by the
p.(None): Secretary of Homeland Security;
p.(None): (B) may be waived by the Secretary of Homeland Secu- rity in the case of an unforeseen medical emergency.
p.(None): (d) RECOMMENDATION TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary
p.(None): of Homeland Security shall recommend to Congress—
p.(None): (1) categories of Federal facilities that the Secretary deter- mines to be at risk for terrorist attack and requiring
p.(None): minimum identification standards for access to such facilities; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3839
p.(None):
p.(None): (2) appropriate minimum identification standards to gain access to those facilities.
p.(None): Subtitle C—National Preparedness
p.(None): SEC. 7301. THE INCIDENT COMMAND SYSTEM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The attacks on September 11, 2001, demonstrated that even the most robust emergency response capabilities
p.(None): can be overwhelmed if an attack is large enough.
p.(None): (2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a
p.(None): terrorist attack.
p.(None): (3) Key decisionmakers who are represented at the incident command level help to ensure an effective response, the
p.(None): efficient use of resources, and responder safety.
p.(None): (4) The incident command system also enables emergency managers and first responders to manage, generate,
p.(None): receive, evaluate, share, and use information.
p.(None): (5) Regular joint training at all levels is essential to ensuring close coordination during an actual
p.(None): incident.
p.(None): (6) In Homeland Security Presidential Directive 5, the President directed the Secretary of Homeland
p.(None): Security to develop an incident command system, to be known as the National Incident Management System
p.(None): (NIMS), and directed all Federal agencies to make the adoption of NIMS a condition for the receipt of Federal
p.(None): emergency preparedness assistance by States, territories, tribes, and local governments beginning in fiscal
p.(None): year 2005.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
...
p.(None): 311 et seq.) is amended by adding at the end the following:
p.(None): ‘‘SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
p.(None): ‘‘(a) IN GENERAL.—The Secretary, in consultation with the Fed- eral Communications Commission and the Secretary
p.(None): of Defense, and with appropriate governors, mayors, and other State and local
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3845
p.(None):
p.(None):
p.(None): government officials, shall provide technical guidance, training, and other assistance, as appropriate, to support the
p.(None): rapid establishment of consistent, secure, and effective interoperable communications capabilities in the event
p.(None): of an emergency in urban and other areas determined by the Secretary to be at consistently high levels of
p.(None): risk from terrorist attack.
p.(None): ‘‘(b) MINIMUM CAPABILITIES.—The interoperable communica- tions capabilities established under subsection (a)
p.(None): shall ensure the ability of all levels of government agencies, emergency response providers (as defined in
p.(None): section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), and other organizations with emergency
p.(None): response capabilities—
p.(None): ‘‘(1) to communicate with each other in the event of an emergency; and
p.(None): ‘‘(2) to have appropriate and timely access to the Informa- tion Sharing Environment described in section 1016
p.(None): of the National Security Intelligence Reform Act of 2004.’’.
p.(None): (e) MULTIYEAR INTEROPERABILITY GRANTS.—
p.(None): (1) MULTIYEAR COMMITMENTS.—In awarding grants to any State, region, local government, or Indian tribe for the purposes
p.(None): of enhancing interoperable communications capabilities for emergency response providers, the Secretary
p.(None): may commit to obligate Federal assistance beyond the current fiscal year, sub- ject to the limitations and
p.(None): restrictions in this subsection.
p.(None): (2) RESTRICTIONS.—
p.(None): (A) TIME LIMIT.—No multiyear interoperability commit- ment may exceed 3 years in duration.
p.(None): (B) AMOUNT OF COMMITTED FUNDS.—The total amount of assistance the Secretary has committed to obligate for
p.(None): any future fiscal year under paragraph (1) may not exceed
p.(None): $150,000,000.
p.(None): (3) LETTERS OF INTENT.—
p.(None): (A) ISSUANCE.—Pursuant to paragraph (1), the Sec- retary may issue a letter of intent to an applicant commit-
p.(None): ting to obligate from future budget authority an amount, not more than the Federal Government’s share of
p.(None): the project’s cost, for an interoperability communications project (including interest costs and costs
p.(None): of formulating the project).
p.(None): (B) SCHEDULE.—A letter of intent under this paragraph shall establish a schedule under which the Secretary will
p.(None): reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become
p.(None): available, if the applicant, after the Secretary issues the letter, carries out the project before receiving
...
p.(None): candidates described under paragraph (1) before the date of the inauguration of the President-elect as
p.(None): President and the inauguration of the Vice-President-elect as Vice President.’’.
p.(None): (b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDER- ATION OF NATIONAL SECURITY NOMINEES.—It is
p.(None): the sense of the Senate that—
p.(None): (1) the President-elect should submit the nominations of candidates for high-level national security
p.(None): positions, through the level of undersecretary of cabinet departments, to the Senate by the date of the
p.(None): inauguration of the President-elect as President; and
p.(None): (2) for all such national security nominees received by the date of inauguration, the Senate committees to
p.(None): which these nominations are referred should, to the fullest extent possible, complete their consideration of these
p.(None): nominations, and, if such nominations are reported by the committees, the full Senate should vote to confirm
p.(None): or reject these nominations, within 30 days of their submission.
p.(None): (c) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS.—
p.(None): (1) DEFINITION.—In this section, the term ‘‘major party’’ shall have the meaning given under section
p.(None): 9002(6) of the Internal Revenue Code of 1986.
p.(None): (2) IN GENERAL.—Each major party candidate for President may submit, before the date of the general election,
p.(None): requests for security clearances for prospective transition team members who will have a need for access to
p.(None): classified information to carry out their responsibilities as members of the President- elect’s transition
p.(None): team.
p.(None): (3) COMPLETION DATE.—Necessary background investiga- tions and eligibility determinations to permit
p.(None): appropriate prospective transition team members to have access to classified
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 435b
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3858 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information shall be completed, to the fullest extent practicable, by the day after the date of the general election.
p.(None):
p.(None): 3 USC 102 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding section 351, this section and the amendments made by this section shall
p.(None): take effect on the date of enactment of this Act.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Ter- rorist Financing
p.(None): SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERA- TION TO FIGHT TERRORIST FINANCING.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The global war on terrorism and cutting off terrorist financing is a policy priority for the United
p.(None): States and its partners, working bilaterally and multilaterally through the United Nations, the United
p.(None): Nations Security Council and its committees, such as the 1267 and 1373 Committees, the Finan- cial Action Task
p.(None): Force (FATF), and various international finan- cial institutions, including the International Monetary Fund
...
p.(None): contractors or grantees of the Depart- ment;
p.(None): ‘‘(C) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of
p.(None): the Department and employees or officials of independent contractors or grantees of the Department;
p.(None): ‘‘(D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct
p.(None): effective civil rights and civil liberties investigations;
p.(None): ‘‘(E) consult with the Officer for Civil Rights and Civil Liberties regarding—
p.(None): ‘‘(i) alleged abuses of civil rights or civil liberties; and ‘‘(ii) any policy recommendations regarding civil
p.(None): rights and civil liberties that may be founded upon an investiga-
p.(None): tion by the Office of Inspector General;
p.(None): ‘‘(F) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of
p.(None): investigations of alleged abuses of civil rights and civil liberties;
p.(None): ‘‘(G) refer civil rights and civil liberties matters that the Inspector General decides not to
p.(None): investigate to the Officer for Civil Rights and Civil Liberties;
p.(None): ‘‘(H) ensure that the Office of the Inspector General pub- licizes and provides convenient public access
p.(None): to information regarding—
p.(None): ‘‘(i) the procedure to file complaints or comments con- cerning civil rights and civil liberties matters; and
p.(None): ‘‘(ii) the status of corrective actions taken by the Department in response to Office of the Inspector
p.(None): General reports; and
p.(None): ‘‘(I) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and
p.(None): deficiencies within the Department relating to civil rights or civil liberties.’’.
p.(None): SEC. 8305. PRIVACY OFFICER.
p.(None): Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 142) is amended—
p.(None): (1) in the matter preceding paragraph (1), by inserting ‘‘, who shall report directly to the
p.(None): Secretary,’’ after ‘‘in the Department’’;
p.(None): (2) in paragraph (4), by striking ‘‘and’’ at the end;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3869
p.(None):
p.(None): (3) by redesignating paragraph (5) as paragraph (6); and
p.(None): (4) by inserting after paragraph (4) the following:
p.(None): ‘‘(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
p.(None): ‘‘(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy
p.(None): considerations are addressed in an integrated and comprehensive manner; and
p.(None):
p.(None): ‘‘(B) Congress receives appropriate reports on such pro- grams, policies, and procedures; and’’.
p.(None): SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELAND SECURITY.
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p.(None):
p.(None): assisting or associated with such groups or individuals.
p.(None): (b) INFORMATION SHARING ENVIRONMENT.—
p.(None): (1) ESTABLISHMENT.—The President shall—
p.(None): (A) create an information sharing environment for the sharing of terrorism information in a manner consistent
p.(None): with national security and with applicable legal standards relating to privacy and civil liberties;
p.(None): (B) designate the organizational and management structures that will be used to operate and manage
p.(None): the ISE; and
p.(None): (C) determine and enforce the policies, directives, and rules that will govern the content and usage of the
p.(None): ISE.
p.(None): (2) ATTRIBUTES.—The President shall, through the struc- tures described in subparagraphs (B) and (C) of
p.(None): paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information
p.(None): among all appropriate Fed- eral, State, local, and tribal entities, and the private sector through the use
p.(None): of policy guidelines and technologies. The Presi- dent shall, to the greatest extent practicable, ensure that
p.(None): the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and
p.(None): coordinated environment that—
p.(None):
p.(None): President.
p.(None): (A) connects existing systems, where appropriate, pro- vides no single points of failure, and allows users to share
p.(None): information among agencies, between levels of government, and, as appropriate, with the private sector;
p.(None): (B) ensures direct and continuous online electronic access to information;
p.(None): (C) facilitates the availability of information in a form and manner that facilitates its use in analysis,
p.(None): investiga- tions and operations;
p.(None): (D) builds upon existing systems capabilities currently in use across the Government;
p.(None):
p.(None):
p.(None): 118 STAT. 3666 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (E) employs an information access management approach that controls access to data rather than
p.(None): just systems and networks, without sacrificing security;
p.(None): (F) facilitates the sharing of information at and across all levels of security;
p.(None): (G) provides directory services, or the functional equivalent, for locating people and information;
p.(None): (H) incorporates protections for individuals’ privacy and civil liberties; and
p.(None): (I) incorporates strong mechanisms to enhance account- ability and facilitate oversight, including audits,
p.(None): authen- tication, and access controls.
p.(None): (c) PRELIMINARY REPORT.—Not later than 180 days after the date of the enactment of this Act, the
p.(None): program manager shall, in consultation with the Information Sharing Council—
p.(None): (1) submit to the President and Congress a description of the technological, legal, and policy issues
p.(None): presented by the creation of the ISE, and the way in which these issues will be addressed;
p.(None):
p.(None): Electronic directory.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): regulations, policies, and procedures), related laws pertaining to efforts to protect the Nation from terrorism,
p.(None): and other actions by the executive branch related to efforts to protect the Nation from terrorism to
p.(None): ensure that privacy and civil liberties are protected; and
p.(None): (B) the information sharing practices of the depart- ments, agencies, and elements of the executive
p.(None): branch to determine whether or not such practices appropriately pro- tect privacy and civil liberties and adhere
p.(None): to the informa- tion sharing guidelines under subsections (d) and (f) of section 1016 and to other
p.(None): applicable laws, regulations, and executive branch policies regarding the protection of pri- vacy and civil
p.(None): liberties.
p.(None): (3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are
p.(None): appropriately consid- ered in the implementation of laws, regulations, and executive branch policies related to
p.(None): efforts to protect the Nation against terrorism.
p.(None): (4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report
p.(None): to Congress, unclassified to the greatest extent possible (with a classified annex, if necessary), on the
p.(None): Board’s major activities during the preceding period.
p.(None): (d) ACCESS TO INFORMATION.—
p.(None): (1) AUTHORIZATION.—If determined by the Board to be nec- essary to carry out its responsibilities under this
p.(None): section, the Board is authorized, to the extent permitted by law, to—
p.(None): (A) have access from any department or agency of the executive branch, or any Federal officer or
p.(None): employee of any such department or agency, to all relevant records, reports, audits, reviews, documents, papers,
p.(None): recommenda- tions, or other relevant material, including classified information consistent with applicable
p.(None): law;
p.(None):
p.(None):
p.(None): 118 STAT. 3686 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interview or take statements from officers of any department or agency of the executive branch;
p.(None): (C) request information or assistance from any State, tribal, or local government; and
p.(None): (D)(i) request that persons (other than departments, agencies, and elements of the executive branch)
p.(None): produce for the Board relevant information, documents, reports, answers, records, accounts, papers, and other
p.(None): documentary and testimonial evidence; and
p.(None):
p.(None): Deadline. Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None): President. Congress.
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Social / Age
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p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security Sec. 4001. National Strategy for Transportation Security.
p.(None): Subtitle B—Aviation Security
p.(None): Sec. 4011. Provision for the use of biometric or other technology. Sec. 4012. Advanced airline passenger
p.(None): prescreening.
p.(None): Sec. 4013. Deployment and use of detection equipment at airport screening check- points.
p.(None): Sec. 4014. Advanced airport checkpoint screening devices. Sec. 4015. Improvement of screener job performance.
p.(None): Sec. 4016. Federal air marshals.
p.(None): Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.
p.(None): Sec. 4018. Foreign air marshal training.
p.(None): Sec. 4019. In-line checked baggage screening.
p.(None): Sec. 4020. Checked baggage screening area monitoring. Sec. 4021. Wireless communication.
p.(None): Sec. 4022. Improved pilot licenses. Sec. 4023. Aviation security staffing.
p.(None):
p.(None):
p.(None): 118 STAT. 3640 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Sec. 4024. Improved explosive detection systems. Sec. 4025. Prohibited items list.
p.(None): Sec. 4026. Man-Portable Air Defense Systems (MANPADs). Sec. 4027. Technical corrections.
p.(None): Sec. 4028. Report on secondary flight deck barriers.
p.(None): Sec. 4029. Extension of authorization of aviation security funding.
p.(None): Subtitle C—Air Cargo Security
p.(None): Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage con- tainers.
p.(None): Sec. 4052. Air cargo security.
...
p.(None): data system.
p.(None): Sec. 7209. Travel documents.
p.(None): Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.
p.(None): Sec. 7211. Minimum standards for birth certificates.
p.(None): Sec. 7212. Driver’s licenses and personal identification cards. Sec. 7213. Social security cards and numbers.
p.(None): Sec. 7214. Prohibition of the display of social security account numbers on driver’s licenses or motor vehicle
p.(None): registrations.
p.(None): Sec. 7215. Terrorist travel program.
p.(None): Sec. 7216. Increase in penalties for fraud and related activity. Sec. 7217. Study on allegedly lost or stolen
p.(None): passports.
p.(None): Sec. 7218. Establishment of visa and passport security program in the Department of State.
p.(None): Sec. 7219. Effective date.
p.(None): Sec. 7220. Identification standards.
p.(None): Subtitle C—National Preparedness Sec. 7301. The incident command system.
p.(None): Sec. 7302. National capital region mutual aid.
p.(None): Sec. 7303. Enhancement of public safety communications interoperability. Sec. 7304. Regional model strategic plan
p.(None): pilot projects.
p.(None): Sec. 7305. Private sector preparedness.
p.(None): Sec. 7306. Critical infrastructure and readiness assessments.
p.(None): Sec. 7307. Northern command and defense of the United States homeland. Sec. 7308. Effective date.
p.(None): Subtitle D—Homeland Security
p.(None): Sec. 7401. Sense of Congress on first responder funding. Sec. 7402. Coordination of industry efforts.
p.(None): Sec. 7403. Study regarding nationwide emergency notification system.
p.(None): Sec. 7404. Pilot study to move warning systems into the modern digital age. Sec. 7405. Required coordination.
p.(None): Sec. 7406. Emergency preparedness compacts.
p.(None): Sec. 7407. Responsibilities of counternarcotics office.
p.(None): Sec. 7408. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.
p.(None): Subtitle E—Public Safety Spectrum Sec. 7501. Digital television conversion deadline.
p.(None): Sec. 7502. Studies on telecommunications capabilities and requirements.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643
p.(None):
p.(None): Subtitle F—Presidential Transition Sec. 7601. Presidential transition.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing
p.(None): Sec. 7701. Improving international standards and cooperation to fight terrorist fi- nancing.
p.(None): Sec. 7702. Definitions.
p.(None): Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
p.(None): Sec. 7704. Coordination of United States Government efforts.
p.(None): Subtitle H—Emergency Financial Preparedness Sec. 7801. Delegation authority of the Secretary of the Treasury.
p.(None): Sec. 7802. Treasury support for financial services industry preparedness and re- sponse and consumer
p.(None): education.
p.(None): Sec. 7803. Emergency Securities Response Act of 2004. Sec. 7804. Private sector preparedness.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None): Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
...
p.(None): Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel
p.(None): ceiling applicable to the Bureau.
p.(None): ‘‘(e) EXPENSES.—The Director may provide members of the FBI Reserve Service transportation and per diem in lieu of
p.(None): subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training
p.(None): that relates to service as a member of the FBI Reserve Service.
p.(None): ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members
p.(None): at any given time. ‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may
p.(None): not be reemployed under this section for more than 180 days in connection with any particular emergency
p.(None): unless, in the judgment of the Director, the public interest so requires.’’.
p.(None): (b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 5, United States Code, is amended by adding
p.(None): at the end the fol- lowing:
p.(None): ‘‘SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
p.(None):
p.(None): Applicability. Termination date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None): 28 USC 509 note.
p.(None): SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPA- RATION AGE.
p.(None): (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8425(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANS- LATORS.
p.(None): Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the
p.(None): Attorney General of the United States shall submit to the Committee on the Judiciary of the Senate and
p.(None): the Committee on the Judiciary of the House of Representatives a report that contains, with respect to
p.(None): each preceding 12-month period—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3705
p.(None):
p.(None): (1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or
p.(None): other components of the Department of Justice;
p.(None): (2) any legal or practical impediments to using translators employed by the Federal, State, or local agencies
p.(None): on a full- time, part-time, or shared basis;
p.(None): (3) the needs of the Federal Bureau of Investigation for the specific translation services in certain
p.(None): languages, and rec- ommendations for meeting those needs;
p.(None): (4) the status of any automated statistical reporting system, including implementation and future viability;
p.(None): (5) the storage capabilities of the digital collection system or systems utilized;
p.(None): (6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and
...
p.(None): immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1101(a)(17)) above the number of such positions for which funds were made available during the preceding fiscal
p.(None): year.
p.(None): SEC. 5204. INCREASE IN DETENTION BED SPACE.
p.(None): (a) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary of Homeland Security
p.(None): shall increase by not less than 8,000, in each of the fiscal years 2006 through 2010, the number of beds
p.(None): available for immigration detention and removal operations of the Department of Homeland Security above the
p.(None): number for which funds were allotted for the preceding fiscal year.
p.(None): (b) PRIORITY.—The Secretary shall give priority for the use of these additional beds to the detention of
p.(None): individuals charged with removability under section 237(a)(4) of the Immigration and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3735
p.(None):
p.(None): 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)).
p.(None): Subtitle C—Visa Requirements
p.(None): SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
p.(None): (a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1202) is amended by adding at the end the following new subsection:
p.(None): ‘‘(h) Notwithstanding any other provision of this Act, the Sec- retary of State shall require every
p.(None): alien applying for a non- immigrant visa—
p.(None): ‘‘(1) who is at least 14 years of age and not more than
p.(None): 79 years of age to submit to an in person interview with a consular officer unless the requirement for
p.(None): such interview is waived—
p.(None): ‘‘(A) by a consular official and such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent
p.(None): thereof;
p.(None): ‘‘(B) by a consular official and such alien is applying for a visa—
p.(None): ‘‘(i) not more than 12 months after the date on which such alien’s prior visa expired;
p.(None): ‘‘(ii) for the visa classification for which such prior visa was issued;
p.(None): ‘‘(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise pre-
p.(None): scribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a
p.(None): national; and
p.(None): ‘‘(iv) the consular officer has no indication that such alien has not complied with the immigration laws and
p.(None): regulations of the United States; or
p.(None): ‘‘(C) by the Secretary of State if the Secretary deter- mines that such waiver is—
p.(None): ‘‘(i) in the national interest of the United States;
p.(None): or
p.(None): ‘‘(ii) necessary as a result of unusual or emergent
p.(None): circumstances; and
...
p.(None): of State such sums as may be necessary
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) During the 2003–2004 school year, the Office of Over- seas Schools of the Department of State is
p.(None): financially assisting
p.(None): 189 elementary and secondary schools in foreign countries.
p.(None): (2) United States-sponsored elementary and secondary schools are located in more than 20 countries
p.(None): with predomi- nantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
p.(None): (3) United States-sponsored elementary and secondary schools provide an American-style education in
p.(None): English, with curricula that typically include an emphasis on the development of critical thinking and analytical
p.(None): skills.
p.(None): (b) STATEMENT OF POLICY.—The United States has an interest in increasing the level of financial support
p.(None): provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim
p.(None): populations in order to—
p.(None): (1) increase the number of students in such countries who attend such schools;
p.(None): (2) increase the number of young people who may thereby gain at any early age an appreciation for the culture,
p.(None): society, and history of the United States; and
p.(None): (3) increase the number of young people who may thereby improve their proficiency in the English language.
p.(None): (c) PILOT PROGRAM.—The Secretary of State, acting through the Director of the Office of Overseas Schools
p.(None): of the Department of State, may conduct a pilot program to make grants to United States-sponsored
p.(None): elementary and secondary schools in countries with predominantly Muslim populations for the purpose of providing
p.(None): full or partial merit-based scholarships to students from lower- income and middle-income families of such
p.(None): countries to attend such schools.
p.(None): (d) DETERMINATION OF ELIGIBLE STUDENTS.—For purposes of the pilot program, a United States-sponsored
p.(None): elementary and sec- ondary school that receives a grant under the pilot program may establish criteria to
p.(None): be implemented by such school to determine what constitutes lower-income and middle-income families in
p.(None): the country (or region of the country, if regional variations in income levels in the country are
p.(None): significant) in which such school is located.
p.(None): (e) RESTRICTION ON USE OF FUNDS.—Amounts appropriated to the Secretary of State pursuant to the
p.(None): authorization of appropria- tions in subsection (h) shall be used for the sole purpose of making grants under this
p.(None): section, and may not be used for the administra- tion of the Office of Overseas Schools of the Department of
p.(None): State or for any other activity of the Office.
p.(None): (f) VOLUNTARY PARTICIPATION.—Nothing in this section shall be construed to require participation in
...
p.(None): an approval resolution is not in order.
p.(None): (c) DEFAULT STANDARDS.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (1) IN GENERAL.—If the standards proposed under sub- section (a)(1)(A) are not approved pursuant to the
p.(None): procedures described in subsection (b), then not later than 1 year after rejection by a vote of
p.(None): either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present,
p.(None): for identification purposes—
p.(None): (A) a valid, unexpired passport;
p.(None): (B) domestically issued documents that the Secretary of Homeland Security designates as reliable for
p.(None): identifica- tion purposes;
p.(None): (C) any document issued by the Attorney General or the Secretary of Homeland Security under the
p.(None): authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality
p.(None): Act (8 U.S.C. 1101(a)(17)); or
p.(None): (D) a document issued by the country of nationality of any alien not required to possess a passport
p.(None): for admis- sion to the United States that the Secretary designates as reliable for identifications purposes
p.(None): (2) EXCEPTION.—The documentary requirements described in paragraph (1)—
p.(None): (A) shall not apply to individuals below the age of 17, or such other age as determined by the
p.(None): Secretary of Homeland Security;
p.(None): (B) may be waived by the Secretary of Homeland Secu- rity in the case of an unforeseen medical emergency.
p.(None): (d) RECOMMENDATION TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary
p.(None): of Homeland Security shall recommend to Congress—
p.(None): (1) categories of Federal facilities that the Secretary deter- mines to be at risk for terrorist attack and requiring
p.(None): minimum identification standards for access to such facilities; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3839
p.(None):
p.(None): (2) appropriate minimum identification standards to gain access to those facilities.
p.(None): Subtitle C—National Preparedness
p.(None): SEC. 7301. THE INCIDENT COMMAND SYSTEM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The attacks on September 11, 2001, demonstrated that even the most robust emergency response capabilities
p.(None): can be overwhelmed if an attack is large enough.
p.(None): (2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a
p.(None): terrorist attack.
p.(None): (3) Key decisionmakers who are represented at the incident command level help to ensure an effective response, the
p.(None): efficient use of resources, and responder safety.
...
p.(None): ‘‘(10) consulting with the Office of State and Local Govern- ment Coordination and Preparedness on all matters of
p.(None): concern to the private sector, including the tourism industry.’’.
p.(None): SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICA- TION SYSTEM.
p.(None): (a) STUDY.—The Secretary of Homeland Security, in coordina- tion with the Chairman of the Federal
p.(None): Communications Commis- sion, and in consultation with the heads of other appropriate Fed- eral agencies
p.(None): and representatives of providers and participants in the telecommunications industry, shall conduct a study to
p.(None): deter- mine whether it is cost-effective, efficient, and feasible to establish and implement an emergency
p.(None): telephonic alert notification system that will—
p.(None): (1) alert persons in the United States of imminent or cur- rent hazardous events caused by acts of terrorism; and
p.(None): (2) provide information to individuals regarding appropriate measures that may be undertaken to alleviate or
p.(None): minimize threats to their safety and welfare posed by such events.
p.(None): (b) TECHNOLOGIES TO CONSIDER.—In conducting the study, the Secretary shall consider the use of the telephone, wireless
p.(None): commu- nications, and other existing communications networks to provide such notification.
p.(None): (c) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary shall
p.(None): submit to Congress a report regarding the conclusions of the study.
p.(None): SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE.
p.(None): (a) PILOT STUDY.—The Secretary of Homeland Security, from funds made available for improving the national
p.(None): system to notify the general public in the event of a terrorist attack, and in consulta- tion with the Attorney
p.(None): General, the Secretary of Transportation, the heads of other appropriate Federal agencies, the
p.(None): National Association of State Chief Information Officers, and other stake- holders with respect to public
p.(None): warning systems, shall conduct a pilot study under which the Secretary of Homeland Security may issue
p.(None): public warnings regarding threats to homeland security using a warning system that is similar to the AMBER Alert
p.(None): communica- tions network.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3851
p.(None):
p.(None):
p.(None): (b) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary of Homeland
p.(None): Security shall submit to Congress a report regarding the findings, conclusions, and rec- ommendations of the
p.(None): pilot study.
p.(None): (c) PROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds derived from the Highway Trust Fund may be transferred
p.(None): to, made available to, or obligated by the Secretary of Homeland Security to carry out this section.
p.(None): SEC. 7405. REQUIRED COORDINATION.
p.(None): The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of
p.(None): Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and
p.(None): emergencies among the divisions of the Department of Homeland Security, including the Directorate of
...
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p.(None): matters.
p.(None): ‘‘(C) ADDITIONAL REQUIREMENTS.—The first report sub- mitted under this paragraph shall include a cumulative
p.(None): account of information described in subparagraph (B) from all prior periods beginning with fiscal year 2001. The first
p.(None): report under this paragraph shall be submitted not later than March 15, 2005. Subsequent reports shall
p.(None): be sub- mitted every 12 months thereafter and may be included in the report required under section 206(c)(2).
p.(None): ‘‘(2) SUBMISSION OF INFORMATION FOR REPORT.—The head
p.(None): of each United States Government agency referred to in para- graph (1) shall provide on a timely basis
p.(None): to the Secretary of State such information as the Secretary may reasonably require to allow the Secretary to
p.(None): prepare and submit the report required under paragraph (1).’’.
p.(None): (h) UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRI- VATE MILITIAS AND EXPANSION OF INTERNATIONAL
p.(None): PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.—
p.(None):
p.(None): 22 USC 7536
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None): (1) UNITED STATES POLICY RELATING TO DISARMAMENT OF PRIVATE MILITIAS.—
p.(None): (A) IN GENERAL.—It shall be the policy of the United States to take immediate steps to provide active
p.(None): support for the disarmament, demobilization, and reintegration of armed soldiers, particularly child soldiers, in
p.(None): Afghanistan, in close consultation with the President of Afghanistan.
p.(None): (B) REPORT.—The report required under section 206(c)(2) of the Afghanistan Freedom Support Act of
p.(None): 2002 (22 U.S.C. 7536(c)(2)) shall include a description of the progress to implement paragraph (1).
p.(None): (2) INTERNATIONAL PEACEKEEPING AND SECURITY OPER- ATIONS.—Section 206 of such Act (22 U.S.C. 7536) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘(e) UNITED STATES POLICY RELATING TO INTERNATIONAL
p.(None): PEACEKEEPING AND SECURITY OPERATIONS.—It shall be the policy of the United States to make every effort to
p.(None): support the expansion of international peacekeeping and security operations in Afghani- stan in order to—
p.(None): ‘‘(1) increase the area in which security is provided and undertake vital tasks related to promoting
p.(None): security, such as disarming warlords, militias, and irregulars, and disrupting opium production; and
p.(None): ‘‘(2) safeguard highways in order to allow the free flow of commerce and to allow material assistance
p.(None): to the people of Afghanistan, and aid personnel in Afghanistan, to move more freely.’’.
p.(None): (i) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.—Section
p.(None): 206(d)(1) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as
p.(None): follows:
p.(None): ‘‘(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.—
p.(None): ‘‘(A) EFFORTS.—The President shall encourage, and, as authorized by law, enable other countries to
p.(None): actively participate in expanded international peacekeeping and
p.(None):
p.(None):
...
p.(None): State agencies issuing driver’s licenses and identity cards, and other verification routines that the Commissioner
p.(None): determines to be appropriate.
p.(None): (b) INTERAGENCY SECURITY TASK FORCE.—The Commissioner of Social Security, in consultation with the
p.(None): Secretary of Homeland Security, shall form an interagency task force for the purpose of further improving
p.(None): the security of social security cards and numbers. Not later than 18 months after the date of enactment of
p.(None): this Act, the task force shall establish, and the Commissioner shall provide for the implementation
p.(None): of, security requirements, including—
p.(None): (1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;
p.(None): (2) requirements for verifying documents submitted for the issuance of replacement cards; and
p.(None): (3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
p.(None): (c) ENUMERATION AT BIRTH.—
p.(None): (1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as practicable after the date of enactment of this Act, the
p.(None): Commis- sioner of Social Security shall undertake to make improvements to the enumeration at birth program for the
p.(None): issuance of social security account numbers to newborns. Such improvements shall be designed to prevent—
p.(None): (A) the assignment of social security account numbers to unnamed children;
p.(None): (B) the issuance of more than 1 social security account number to the same child; and
p.(None): (C) other opportunities for fraudulently obtaining a social security account number.
p.(None): (2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Commissioner shall transmit to each House of Congress a report specifying in detail the extent to which
p.(None): the improvements required under paragraph (1) have been made.
p.(None): (d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.—
p.(None): (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Commissioner of
p.(None): Social Security shall conduct a study to determine the most efficient options for ensuring the integrity
p.(None): of the process for enumeration at birth. This study shall include an examination of available methods for
p.(None): reconciling hospital birth records with birth reg- istrations submitted to agencies of States and political
p.(None): subdivi- sions thereof and with information provided to the Commis- sioner as part of the process for
p.(None): enumeration at birth.
p.(None): (2) REPORT.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3832 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Commissioner
p.(None): shall submit a report to the Committee on Ways and Means of the House of Representatives and the
p.(None): Committee on Finance of the Senate regarding the results of the study conducted under paragraph (1).
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p.(None): ‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
p.(None): (f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): (1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and
p.(None): made progress on primary education, the United States must invest in a concerted effort in Afghanistan to
p.(None): improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university
p.(None): education systems, and to establish new initiatives to increase the capacity of civil society.
p.(None): (2) AMENDMENT.—Section 103(a)(5) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is
p.(None): amended to read as follows:
p.(None): ‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): ‘‘(A) EDUCATION.—To assist in the development of the capacity of the Government of Afghanistan to provide edu-
p.(None): cation to the people of Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for an educated citizenry through improved access to basic education, with particular
p.(None): emphasis on basic education for children, especially orphans;
p.(None): ‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus
p.(None): on the recruitment and training of female teachers;
p.(None): ‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incor-
p.(None): porate relevant information such as landmine aware- ness, food security and agricultural education, civic
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
...
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
p.(None): and the United States and Jordan.
p.(None): (4) Existing and proposed free trade agreements between the United States and countries with predominantly
p.(None): Muslim populations are drawing interest from other countries in the Middle East region, and countries with
p.(None): predominantly Muslim populations can become full participants in the rules-based global trading system, as the
p.(None): United States considers lowering its barriers to trade.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) a comprehensive United States strategy to counter ter- rorism should include economic policies that encourage
p.(None): develop- ment, open societies, and opportunities for people to improve the lives of their families and to
p.(None): enhance prospects for their children’s future;
p.(None): (2) one element of such a strategy should encompass the lowering of trade barriers with the poorest countries
p.(None): that have a significant population of Muslim individuals;
p.(None): (3) another element of such a strategy should encompass United States efforts to promote economic reform
p.(None): in countries that have a significant population of Muslim individuals, including efforts to integrate
p.(None): such countries into the global trading system; and
p.(None): (4) given the importance of the rule of law in promoting economic development and attracting investment,
p.(None): the United States should devote an increased proportion of its assistance to countries in the Middle East
p.(None): to the promotion of the rule of law.
p.(None): SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
p.(None): (a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each of fiscal years 2005
p.(None): and 2006, (unless otherwise authorized by Congress) such sums as may be necessary for the Middle East Partnership
p.(None): Initiative.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that, given the importance of the rule of law and
p.(None): economic reform to development in the Middle East, a significant portion of the funds authorized to be appropriated
p.(None): under subsection (a) should be made available to promote the rule of law in the Middle East.
p.(None): SEC. 7117. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Almost every aspect of the counterterrorism strategy of the United States relies on international
...
p.(None): death indicators and not later than 36 months after the date of enactment of this Act with respect to fraud
p.(None): indicators, add death and fraud indicators to the social security number verification systems for employers,
p.(None): State agencies issuing driver’s licenses and identity cards, and other verification routines that the Commissioner
p.(None): determines to be appropriate.
p.(None): (b) INTERAGENCY SECURITY TASK FORCE.—The Commissioner of Social Security, in consultation with the
p.(None): Secretary of Homeland Security, shall form an interagency task force for the purpose of further improving
p.(None): the security of social security cards and numbers. Not later than 18 months after the date of enactment of
p.(None): this Act, the task force shall establish, and the Commissioner shall provide for the implementation
p.(None): of, security requirements, including—
p.(None): (1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;
p.(None): (2) requirements for verifying documents submitted for the issuance of replacement cards; and
p.(None): (3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
p.(None): (c) ENUMERATION AT BIRTH.—
p.(None): (1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as practicable after the date of enactment of this Act, the
p.(None): Commis- sioner of Social Security shall undertake to make improvements to the enumeration at birth program for the
p.(None): issuance of social security account numbers to newborns. Such improvements shall be designed to prevent—
p.(None): (A) the assignment of social security account numbers to unnamed children;
p.(None): (B) the issuance of more than 1 social security account number to the same child; and
p.(None): (C) other opportunities for fraudulently obtaining a social security account number.
p.(None): (2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Commissioner shall transmit to each House of Congress a report specifying in detail the extent to which
p.(None): the improvements required under paragraph (1) have been made.
p.(None): (d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.—
p.(None): (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Commissioner of
p.(None): Social Security shall conduct a study to determine the most efficient options for ensuring the integrity
p.(None): of the process for enumeration at birth. This study shall include an examination of available methods for
p.(None): reconciling hospital birth records with birth reg- istrations submitted to agencies of States and political
p.(None): subdivi- sions thereof and with information provided to the Commis- sioner as part of the process for
p.(None): enumeration at birth.
p.(None): (2) REPORT.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3832 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Commissioner
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p.(None): Intelligence; or
p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
p.(None): private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
p.(None): 482).
p.(None): ‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may
p.(None): establish such other national intelligence centers as the Director determines necessary. ‘‘(3)(A) The
p.(None): Director of National Intelligence shall prescribe,
p.(None): in consultation with the heads of other agencies or elements of the intelligence community, and the
p.(None): heads of their respective departments, personnel policies and programs applicable to the intelligence
p.(None): community that—
p.(None): ‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and
p.(None): between ele- ments of the intelligence community;
p.(None): ‘‘(ii) set standards for education, training, and career development of personnel of the intelligence
p.(None): community;
p.(None): ‘‘(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified
p.(None): individuals for the effective conduct of intelligence activities;
p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
p.(None): individuals with diverse ethnic, cul- tural, and linguistic backgrounds;
p.(None): ‘‘(v) make service in more than one element of the intel- ligence community a condition of promotion to
p.(None): such positions within the intelligence community as the Director shall specify; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Policies.
p.(None): ‘‘(vi) ensure the effective management of intelligence community personnel who are responsible
p.(None): for intelligence community-wide matters.
p.(None): ‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies
p.(None): otherwise applicable to members of the uniformed services.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure compli- ance with the Constitution and laws of
p.(None): the United States by the Central Intelligence Agency and shall ensure such compliance by other elements
p.(None): of the intelligence community through the host executive departments that manage the programs and
p.(None): activities that are part of the National Intelligence Program.
p.(None): ‘‘(5) The Director of National Intelligence shall ensure the elimi- nation of waste and unnecessary duplication within
p.(None): the intelligence community.
p.(None):
p.(None):
p.(None): 118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
...
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
p.(None): freedom, freedom of expression, and freedom of associa- tion, and support human rights monitoring.
p.(None): ‘‘(D) PROTECTION OF SITES.—To provide for the protec- tion of Afghanistan’s culture, history, and national identity,
p.(None): including the rehabilitation of Afghanistan’s museums and sites of cultural significance.’’.
p.(None): (3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513(a)(4)) is amended—
p.(None): (A) in subparagraph (K), by striking ‘‘and’’ at the end;
p.(None): (B) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(M) assistance in identifying and surveying key road and rail routes that are essential for economic
p.(None): renewal in Afghanistan and the region and support for the establishment of a customs service and
p.(None): training for customs officers.’’.
p.(None): (g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513), is amended by adding at the end the following:
p.(None): ‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.— ‘‘(1) REPORT.—
p.(None): ‘‘(A) IN GENERAL.—The Secretary of State, in consulta- tion with the Administrator for the United States Agency
p.(None): for International Development, shall submit to the Com- mittee on Foreign Relations of the Senate and
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p.(None): 118 STAT. 3867
p.(None):
p.(None): Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.
p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
p.(None): ‘‘(5) coordinate with the Privacy Officer to ensure that— ‘‘(A) programs, policies, and procedures
p.(None): involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and
p.(None): comprehensive manner;
p.(None): and
p.(None): 6 USC 101 note.
p.(None): ‘‘(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
p.(None): ‘‘(6) investigate complaints and information indicating pos- sible abuses of civil rights or civil liberties, unless
p.(None): the Inspector General of the Department determines that any such complaint or information should be investigated
p.(None): by the Inspector Gen- eral.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004
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p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) The term ‘‘agency’’ means—
p.(None): (A) an executive agency (as that term is defined in section 105 of title 5, United States Code);
p.(None): (B) a military department (as that term is defined in section 102 of title 5, United States Code); and
p.(None): (C) an element of the intelligence community.
p.(None): (2) The term ‘‘authorized investigative agency’’ means an agency designated by the head of the agency selected
p.(None): pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who
p.(None): are proposed for access to classified information to ascertain whether such persons satisfy the criteria for
p.(None): obtaining and retaining access to such informa- tion.
p.(None): (3) The term ‘‘authorized adjudicative agency’’ means an agency authorized by law, regulation, or
p.(None): direction of the Director of National Intelligence to determine eligibility for access to classified
p.(None): information in accordance with Executive Order 12968.
p.(None): (4) The term ‘‘highly sensitive program’’ means—
p.(None): (A) a government program designated as a Special Access Program (as that term is defined in section
p.(None): 4.1(h) of Executive Order 12958 or any successor Executive order); or
p.(None): 50 USC 435b.
p.(None): (B) a government program that applies restrictions required for—
p.(None): (i) restricted data (as that term is defined in sec- tion 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
p.(None): 2014(y)); or
p.(None): (ii) other information commonly referred to as ‘‘sen- sitive compartmented information’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3706 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (5) The term ‘‘current investigation file’’ means, with respect to a security clearance, a file on
p.(None): an investigation or adjudication that has been conducted during—
p.(None): (A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret
p.(None): Clear- ance, or the date access was granted to a highly sensitive program;
p.(None): (B) the 10-year period beginning on the date the secu- rity clearance was granted in the case of a Secret
p.(None): Clear- ance; and
p.(None): (C) the 15-year period beginning on the date the secu- rity clearance was granted in the case of a
p.(None): Confidential Clearance.
p.(None): (6) The term ‘‘personnel security investigation’’ means any investigation required for the purpose of determining the
p.(None): eligi- bility of any military, civilian, or government contractor per- sonnel to access classified information.
p.(None): (7) The term ‘‘periodic reinvestigations’’ means investiga- tions conducted for the purpose of updating a
p.(None): previously com- pleted background investigation—
...
p.(None):
p.(None):
p.(None): ‘‘(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in
p.(None): furtherance of the offense; or
p.(None): ‘‘(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a
p.(None): threat, attempt, or conspiracy, would have affected interstate or foreign commerce;’’;
p.(None): (2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting ‘‘; or’’;
p.(None): (3) in subsection (a), by adding the following at the end: ‘‘(4) against any property within the United
p.(None): States that
p.(None): is owned, leased, or used by a foreign government,’’;
p.(None): (4) at the end of subsection (c)(1), by striking ‘‘and’’;
p.(None): (5) in subsection (c)(2), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (6) in subsection (c), by adding at the end the following: ‘‘(3) the term ‘property’ includes all real and
p.(None): personal prop-
p.(None): erty.’’.
p.(None): (b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.— Section 2332a of title 18, United States Code, as
p.(None): amended by subsection (a), is further amended—
p.(None): (1) in the section heading, by striking ‘‘certain’’;
p.(None): (2) in subsection (a), by striking ‘‘(other than a chemical weapon as that term is defined in section 229F)’’;
p.(None): and
p.(None): (3) in subsection (b), by striking ‘‘(other than a chemical weapon (as that term is defined in section
p.(None): 229F))’’.
p.(None): (c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT TO PROHIBITIONS RELATING TO SELECT AGENTS.—Section
p.(None): 175b(d)(2) of title 18, United States Code, is amended—
p.(None): (1) in subparagraph (G) by—
p.(None): (A) inserting ‘‘(i)’’ after ‘‘(G)’’;
p.(None): (B) inserting ‘‘, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a
p.(None): government or official of a country described in this subparagraph’’ after ‘‘terrorism’’; and
p.(None): (C) striking ‘‘or’’ after the semicolon.
p.(None): (2) in subparagraph (H) by striking the period and inserting ‘‘; or’’; and
p.(None): (3) by adding at the end the following new subparagraph: ‘‘(I) is a member of, acts for or on behalf of, or
p.(None): operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi)
p.(None): of the Immigration
p.(None): and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’.
p.(None): (d) CONFORMING AMENDMENT TO REGULATIONS.—
p.(None): (1) Section 175b(a)(1) of title 18, United States Code, is amended by striking ‘‘as a select agent in
p.(None): Appendix A’’ and all that follows and inserting the following: ‘‘as a non-overlap or overlap select
p.(None): biological agent or toxin in sections 73.4 and
p.(None): 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and
p.(None): is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal
p.(None): Regulations.’’.
p.(None): (2) The amendment made by paragraph (1) shall take effect at the same time that sections 73.4, 73.5, and 73.6
p.(None): of title 42, Code of Federal Regulations, become effective.
p.(None): (e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUC-
p.(None): TION OFFENSES.—Section 1961(1)(B) of title 18, United States Code,
...
Social / Linguistic Proficiency
Searching for indicator language:
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p.(None): (2) during an extended period of unprecedented investment and improvements in technical collection means, the
p.(None): human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
p.(None): (3) human intelligence is becoming an increasingly impor- tant capability to provide information on
p.(None): the asymmetric threats to the national security of the United States;
p.(None): (4) the continued development and improvement of a robust and empowered and flexible human intelligence work
p.(None): force is critical to identifying, understanding, and countering the plans and intentions of the adversaries
p.(None): of the United States; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–4b
p.(None): note.
p.(None):
p.(None): (5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human
p.(None): intelligence capabilities of the United States intelligence community must be among the top priorities of
p.(None): the Director of National Intel- ligence.
p.(None): (c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY.—The Director of the Central Intelligence Agency shall, in
p.(None): accordance with standards developed by the Director in consultation with the Director of National
p.(None): Intelligence—
p.(None): (1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
p.(None): (2) develop and maintain an effective language program within the Agency;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–4b.
p.(None):
p.(None):
p.(None): 118 STAT. 3662 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (3) emphasize the hiring of personnel of diverse back- grounds for purposes of improving the
p.(None): capabilities of the Agency;
p.(None): (4) establish and maintain effective relationships between human intelligence and signals intelligence
p.(None): within the Agency at the operational level; and
p.(None): (5) achieve a more effective balance within the Agency with respect to unilateral operations and liaison
p.(None): operations.
p.(None): (d) REPORT.—(1) Not later than 180 days after the date of the enactment of this Act, the Director of
p.(None): the Central Intelligence Agency shall submit to the Director of National Intelligence and the congressional
p.(None): intelligence committees a report setting forth the following:
p.(None): (A) A strategy for improving the conduct of analysis (including strategic analysis) by the
p.(None): Central Intelligence Agency, and the progress of the Agency in implementing that strategy.
p.(None): (B) A strategy for improving the human intelligence and other capabilities of the Agency, and the progress of
p.(None): the Agency in implementing that strategy.
p.(None): (2)(A) The information in the report under paragraph (1) on the strategy referred to in paragraph (1)(B)
p.(None): shall—
p.(None): (i) identify the number and types of personnel required to implement that strategy;
p.(None): (ii) include a plan for the recruitment, training, equipping, and deployment of such personnel; and
p.(None): (iii) set forth an estimate of the costs of such activities.
...
p.(None): presented by the Director of National Intel- ligence to the President or the National Security Council, in
p.(None): the role of the Chairman as Chairman of the Joint Intelligence Commu- nity Council. If a member submits such
p.(None): advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the
p.(None): Chairman presents the advice of the Chairman to the President or the National Security Council, as the case
p.(None): may be.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1b.
p.(None): ‘‘(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the
p.(None): Chairman to the President or the National Security Council is not unduly delayed by reason of the
p.(None): submission of the individual advice or opinion of another member of the Council.
p.(None): ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint Intelligence Community Council may make such
p.(None): recommenda- tions to Congress relating to the intelligence community as such member considers appropriate.’’.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community
p.(None): SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Foreign language education is essential for the develop- ment of a highly-skilled workforce for the
p.(None): intelligence commu- nity.
p.(None): (2) Since September 11, 2001, the need for language pro- ficiency levels to meet required national security
p.(None): functions has been raised, and the ability to comprehend and articulate tech- nical and scientific information in
p.(None): foreign languages has become critical.
p.(None): (b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelligence shall—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3679
p.(None):
p.(None):
p.(None): (A) identify the linguistic requirements for the Office of the Director of National Intelligence;
p.(None): (B) identify specific requirements for the range of linguistic skills necessary for the intelligence community,
p.(None): including pro- ficiency in scientific and technical vocabularies of critical foreign languages; and
p.(None): (C) develop a comprehensive plan for the Office to meet such requirements through the education,
p.(None): recruitment, and training of linguists.
p.(None): (2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of
p.(None): the Department of Defense and the Department of Education that are in existence as of the date of the
p.(None): enactment of this Act.
p.(None): (3) Not later than one year after the date of the enactment of this Act, and annually thereafter, the
...
p.(None): commitment to, the intelligence mission of the Bureau.
p.(None): (2) Each agent employed by the Bureau after the date of the enactment of this Act shall receive basic
p.(None): training in both criminal justice matters and national intelligence matters.
p.(None): (3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the
p.(None): maximum extent practicable,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3701
p.(None):
p.(None): be given the opportunity to undergo, during such agent’s early service with the Bureau, meaningful assignments
p.(None): in criminal justice matters and in national intelligence matters.
p.(None): (4) The Director shall—
p.(None): (A) establish career positions in national intelligence mat- ters for agents, analysts, and related personnel of
p.(None): the Bureau; and
p.(None): (B) in furtherance of the requirement under subparagraph
p.(None): (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau
p.(None): the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their
p.(None): entire career with the Bureau.
p.(None): (5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain
p.(None): individuals with back- grounds in intelligence, international relations, language, tech- nology, and
p.(None): other skills relevant to the intelligence mission of the Bureau.
p.(None): (6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and
p.(None): career opportunities commensurate with the training and career opportunities afforded analysts in other elements
p.(None): of the intelligence community.
p.(None): (7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of
p.(None): a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in
p.(None): Charge (ASAC) level and above, shall be a certified intelligence officer.
p.(None): (8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of
p.(None): advanced training courses, and of one or more assignments to another element of the intel- ligence
p.(None): community, is a precondition to advancement to higher level intelligence assignments within the Bureau.
p.(None): (d) FIELD OFFICE MATTERS.—(1) In improving the intelligence capabilities of the Federal Bureau of Investigation
p.(None): under subsection (b), the Director of the Federal Bureau of Investigation shall ensure that each Field Intelligence
p.(None): Group reports directly to a field office senior manager responsible for intelligence matters.
p.(None): (2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is
p.(None): necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.
p.(None): (3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents,
...
p.(None): SEC. 7110. PUBLIC DIPLOMACY TRAINING.
p.(None): (a) STATEMENT OF POLICY.—The following should be the policy of the United States:
p.(None): (1) The Foreign Service should recruit individuals with expertise and professional experience in public
p.(None): diplomacy.
p.(None): (2) United States chiefs of mission should have a prominent role in the formulation of public diplomacy
p.(None): strategies for the countries and regions to which they are assigned and should be accountable for the
p.(None): operation and success of public diplomacy efforts at their posts.
p.(None): (3) Initial and subsequent training of Foreign Service offi- cers should be enhanced to include information and
p.(None): training
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2651a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 3922b.
p.(None):
p.(None):
p.(None): 118 STAT. 3794 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): on public diplomacy and the tools and technology of mass communication.
p.(None): (b) PERSONNEL.—
p.(None): (1) QUALIFICATIONS.—In the recruitment, training, and assignment of members of the Foreign Service,
p.(None): the Secretary of State—
p.(None): (A) should emphasize the importance of public diplo- macy and applicable skills and techniques;
p.(None): (B) should consider the priority recruitment into the Foreign Service, including at middle-level entry, of
p.(None): individ- uals with expertise and professional experience in public diplomacy, mass communications, or
p.(None): journalism; and
p.(None): (C) shall give special consideration to individuals with language facility and experience in particular countries
p.(None): and regions.
p.(None): (2) LANGUAGES OF SPECIAL INTEREST.—The Secretary of State shall seek to increase the number of Foreign
p.(None): Service officers proficient in languages spoken in countries with predominantly Muslim populations.
p.(None): Such increase should be accomplished through the recruitment of new officers and incen- tives for officers in
p.(None): service.
p.(None): (c) PUBLIC DIPLOMACY SUGGESTED FOR PROMOTION IN FOREIGN SERVICE.—Section 603(b) of the Foreign Service Act
p.(None): of 1980 (22
p.(None): U.S.C. 4003(b)) is amended by adding at the end the following: ‘‘The precepts for selection boards
p.(None): shall include, whether the member of the Service or the member of the Senior Foreign Service, as the case may be,
p.(None): has demonstrated—
p.(None): (1) a willingness and ability to explain United States poli- cies in person and through the media when occupying
p.(None): positions for which such willingness and ability is, to any degree, an element of the member’s duties, or
p.(None): (2) other experience in public diplomacy.
p.(None): SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTER- NATIONAL ORGANIZATIONS.
p.(None): (a) SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.—
p.(None): (1) IN GENERAL.—The President, acting through the Sec- retary of State and the relevant United States chiefs of
p.(None): mission, should—
p.(None): (A) continue to strongly support and seek to expand the work of the democracy caucus at the United
p.(None): Nations General Assembly and the United Nations Human Rights Commission; and
p.(None): (B) seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other broad-
p.(None): based international organizations.
...
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) During the 2003–2004 school year, the Office of Over- seas Schools of the Department of State is
p.(None): financially assisting
p.(None): 189 elementary and secondary schools in foreign countries.
p.(None): (2) United States-sponsored elementary and secondary schools are located in more than 20 countries
p.(None): with predomi- nantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
p.(None): (3) United States-sponsored elementary and secondary schools provide an American-style education in
p.(None): English, with curricula that typically include an emphasis on the development of critical thinking and analytical
p.(None): skills.
p.(None): (b) STATEMENT OF POLICY.—The United States has an interest in increasing the level of financial support
p.(None): provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim
p.(None): populations in order to—
p.(None): (1) increase the number of students in such countries who attend such schools;
p.(None): (2) increase the number of young people who may thereby gain at any early age an appreciation for the culture,
p.(None): society, and history of the United States; and
p.(None): (3) increase the number of young people who may thereby improve their proficiency in the English language.
p.(None): (c) PILOT PROGRAM.—The Secretary of State, acting through the Director of the Office of Overseas Schools
p.(None): of the Department of State, may conduct a pilot program to make grants to United States-sponsored
p.(None): elementary and secondary schools in countries with predominantly Muslim populations for the purpose of providing
p.(None): full or partial merit-based scholarships to students from lower- income and middle-income families of such
p.(None): countries to attend such schools.
p.(None): (d) DETERMINATION OF ELIGIBLE STUDENTS.—For purposes of the pilot program, a United States-sponsored
p.(None): elementary and sec- ondary school that receives a grant under the pilot program may establish criteria to
p.(None): be implemented by such school to determine what constitutes lower-income and middle-income families in
p.(None): the country (or region of the country, if regional variations in income levels in the country are
p.(None): significant) in which such school is located.
p.(None): (e) RESTRICTION ON USE OF FUNDS.—Amounts appropriated to the Secretary of State pursuant to the
p.(None): authorization of appropria- tions in subsection (h) shall be used for the sole purpose of making grants under this
p.(None): section, and may not be used for the administra- tion of the Office of Overseas Schools of the Department of
p.(None): State or for any other activity of the Office.
p.(None): (f) VOLUNTARY PARTICIPATION.—Nothing in this section shall be construed to require participation in
p.(None): the pilot program by a United States-sponsored elementary or secondary school in a predominantly
p.(None): Muslim country.
p.(None): (g) REPORT.—Not later than April 15, 2006, the Secretary of State shall submit to the Committee on
...
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p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
p.(None): private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
p.(None): 482).
p.(None): ‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may
p.(None): establish such other national intelligence centers as the Director determines necessary. ‘‘(3)(A) The
p.(None): Director of National Intelligence shall prescribe,
p.(None): in consultation with the heads of other agencies or elements of the intelligence community, and the
p.(None): heads of their respective departments, personnel policies and programs applicable to the intelligence
p.(None): community that—
p.(None): ‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and
p.(None): between ele- ments of the intelligence community;
p.(None): ‘‘(ii) set standards for education, training, and career development of personnel of the intelligence
p.(None): community;
p.(None): ‘‘(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified
p.(None): individuals for the effective conduct of intelligence activities;
p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
p.(None): individuals with diverse ethnic, cul- tural, and linguistic backgrounds;
p.(None): ‘‘(v) make service in more than one element of the intel- ligence community a condition of promotion to
p.(None): such positions within the intelligence community as the Director shall specify; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Policies.
p.(None): ‘‘(vi) ensure the effective management of intelligence community personnel who are responsible
p.(None): for intelligence community-wide matters.
p.(None): ‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies
p.(None): otherwise applicable to members of the uniformed services.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure compli- ance with the Constitution and laws of
p.(None): the United States by the Central Intelligence Agency and shall ensure such compliance by other elements
p.(None): of the intelligence community through the host executive departments that manage the programs and
p.(None): activities that are part of the National Intelligence Program.
p.(None): ‘‘(5) The Director of National Intelligence shall ensure the elimi- nation of waste and unnecessary duplication within
p.(None): the intelligence community.
p.(None):
p.(None):
p.(None): 118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1b.
p.(None): ‘‘(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the
p.(None): Chairman to the President or the National Security Council is not unduly delayed by reason of the
p.(None): submission of the individual advice or opinion of another member of the Council.
p.(None): ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint Intelligence Community Council may make such
p.(None): recommenda- tions to Congress relating to the intelligence community as such member considers appropriate.’’.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community
p.(None): SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Foreign language education is essential for the develop- ment of a highly-skilled workforce for the
p.(None): intelligence commu- nity.
p.(None): (2) Since September 11, 2001, the need for language pro- ficiency levels to meet required national security
p.(None): functions has been raised, and the ability to comprehend and articulate tech- nical and scientific information in
p.(None): foreign languages has become critical.
p.(None): (b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelligence shall—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3679
p.(None):
p.(None):
p.(None): (A) identify the linguistic requirements for the Office of the Director of National Intelligence;
p.(None): (B) identify specific requirements for the range of linguistic skills necessary for the intelligence community,
p.(None): including pro- ficiency in scientific and technical vocabularies of critical foreign languages; and
p.(None): (C) develop a comprehensive plan for the Office to meet such requirements through the education,
p.(None): recruitment, and training of linguists.
p.(None): (2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of
p.(None): the Department of Defense and the Department of Education that are in existence as of the date of the
p.(None): enactment of this Act.
p.(None): (3) Not later than one year after the date of the enactment of this Act, and annually thereafter, the
p.(None): Director shall submit to Congress a report on the requirements identified under para- graph (1), including
p.(None): the success of the Office of the Director of National Intelligence in meeting such requirements. Each
p.(None): report shall notify Congress of any additional resources determined by the Director to be required to meet such
p.(None): requirements.
p.(None): (4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
p.(None): (c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of National Intelligence shall require the head of
p.(None): each element and component within the Office of the Director of National Intelligence who has responsibility
p.(None): for professional intelligence training to periodically review and revise the curriculum for the
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p.(None): Muslim country.
p.(None): (g) REPORT.—Not later than April 15, 2006, the Secretary of State shall submit to the Committee on
p.(None): International Relations of the House of Representatives and the Committee on Foreign
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2452
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3798 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Relations of the Senate a report on the pilot program. The report shall assess the success of the
p.(None): program, examine any obstacles encountered in its implementation, and address whether it should be
p.(None): continued, and if so, provide recommendations to increase its effectiveness.
p.(None): (h) FUNDING.—There are authorized to be appropriated to the Secretary of State for each of the fiscal
p.(None): years 2005 and 2006, unless otherwise authorized by Congress, such sums as necessary to implement the pilot
p.(None): program under this section.
p.(None):
p.(None): 22 USC 2228.
p.(None): SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Education that teaches tolerance, the dignity and value of each individual, and respect for different
p.(None): beliefs is a key element in any global strategy to eliminate terrorism.
p.(None): (2) Education in the Middle East about the world outside that region is weak.
p.(None): (3) The United Nations has rightly equated literacy with freedom.
p.(None): (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy
p.(None): rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and
p.(None): programs for adult literacy, and by other means.
p.(None): (5) To be effective, efforts to improve education in the Middle East must also include—
p.(None): (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
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p.(None): such program.
p.(None): ‘‘(3) The Director of National Intelligence may only transfer or reprogram funds referred to in subparagraph
p.(None): (A)—
p.(None): ‘‘(A) with the approval of the Director of the Office of Management and Budget; and
p.(None): ‘‘(B) after consultation with the heads of departments con- taining agencies or organizations within the
p.(None): intelligence community to the extent such agencies or organizations are affected, and, in the case of the
p.(None): Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency.
p.(None): ‘‘(4) The amounts available for transfer or reprogramming in the National Intelligence Program in any
p.(None): given fiscal year, and the terms and conditions governing such transfers and reprogrammings,
p.(None): are subject to the provisions of annual appropria- tions Acts and this subsection.
p.(None): ‘‘(5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if—
p.(None): ‘‘(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
p.(None): ‘‘(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or
p.(None): increases efficiency; ‘‘(iii) the transfer or reprogramming does not involve a transfer or reprogramming of
p.(None): funds to a Reserve for Contin- gencies of the Director of National Intelligence or the Reserve
p.(None): for Contingencies of the Central Intelligence Agency;
p.(None): ‘‘(iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any
p.(None): department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year—
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘(I) that is less than $150,000,000, and
p.(None): 118 STAT. 3647
p.(None):
p.(None): ‘‘(II) that is less than 5 percent of amounts available to a department or agency under the National
p.(None): Intelligence Program; and
p.(None): ‘‘(v) the transfer or reprogramming does not terminate an acquisition program.
p.(None): ‘‘(B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v)
p.(None): of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the
p.(None): Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The
p.(None): authority to pro- vide such concurrence may only be delegated by the head of the department or agency
p.(None): involved to the deputy of such officer.
p.(None): ‘‘(6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the
p.(None): appropriations account to which transferred or reprogrammed.
p.(None): ‘‘(7) Any transfer or reprogramming of funds under this sub- section shall be carried out in accordance with
p.(None): existing procedures applicable to reprogramming notifications for the appropriate congressional committees.
p.(None): Any proposed transfer or reprogramming for which notice is given to the appropriate congressional commit- tees
p.(None): shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and
p.(None): how it satisfies the requirements of this subsection. In addition, the congressional intel- ligence committees
...
p.(None): (B) threats posed by such groups or individuals to the United States, United States persons, or United States
p.(None): interests, or to those of other nations;
p.(None): (C) communications of or by such groups or individuals;
p.(None): or
p.(None): (D) groups or individuals reasonably believed to be
p.(None):
p.(None): assisting or associated with such groups or individuals.
p.(None): (b) INFORMATION SHARING ENVIRONMENT.—
p.(None): (1) ESTABLISHMENT.—The President shall—
p.(None): (A) create an information sharing environment for the sharing of terrorism information in a manner consistent
p.(None): with national security and with applicable legal standards relating to privacy and civil liberties;
p.(None): (B) designate the organizational and management structures that will be used to operate and manage
p.(None): the ISE; and
p.(None): (C) determine and enforce the policies, directives, and rules that will govern the content and usage of the
p.(None): ISE.
p.(None): (2) ATTRIBUTES.—The President shall, through the struc- tures described in subparagraphs (B) and (C) of
p.(None): paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information
p.(None): among all appropriate Fed- eral, State, local, and tribal entities, and the private sector through the use
p.(None): of policy guidelines and technologies. The Presi- dent shall, to the greatest extent practicable, ensure that
p.(None): the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and
p.(None): coordinated environment that—
p.(None):
p.(None): President.
p.(None): (A) connects existing systems, where appropriate, pro- vides no single points of failure, and allows users to share
p.(None): information among agencies, between levels of government, and, as appropriate, with the private sector;
p.(None): (B) ensures direct and continuous online electronic access to information;
p.(None): (C) facilitates the availability of information in a form and manner that facilitates its use in analysis,
p.(None): investiga- tions and operations;
p.(None): (D) builds upon existing systems capabilities currently in use across the Government;
p.(None):
p.(None):
p.(None): 118 STAT. 3666 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (E) employs an information access management approach that controls access to data rather than
p.(None): just systems and networks, without sacrificing security;
p.(None): (F) facilitates the sharing of information at and across all levels of security;
p.(None): (G) provides directory services, or the functional equivalent, for locating people and information;
p.(None): (H) incorporates protections for individuals’ privacy and civil liberties; and
p.(None): (I) incorporates strong mechanisms to enhance account- ability and facilitate oversight, including audits,
p.(None): authen- tication, and access controls.
p.(None): (c) PRELIMINARY REPORT.—Not later than 180 days after the date of the enactment of this Act, the
p.(None): program manager shall, in consultation with the Information Sharing Council—
p.(None): (1) submit to the President and Congress a description of the technological, legal, and policy issues
...
p.(None): Confidential Clearance.
p.(None): (6) The term ‘‘personnel security investigation’’ means any investigation required for the purpose of determining the
p.(None): eligi- bility of any military, civilian, or government contractor per- sonnel to access classified information.
p.(None): (7) The term ‘‘periodic reinvestigations’’ means investiga- tions conducted for the purpose of updating a
p.(None): previously com- pleted background investigation—
p.(None): (A) every 5 years in the case of a top secret clearance or access to a highly sensitive program;
p.(None): (B) every 10 years in the case of a secret clearance;
p.(None): or
p.(None): (C) every 15 years in the case of a Confidential Clear-
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): ance.
p.(None): (8) The term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Secu-
p.(None): rity, Government Reform, and the Judiciary of the House of Representatives; and
p.(None): (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security
p.(None): and Governmental Affairs, and the Judiciary of the Senate.
p.(None): (b) SELECTION OF ENTITY.—Not later than 90 days after the date of the enactment of this Act, the
p.(None): President shall select a single department, agency, or element of the executive branch to be responsible
p.(None): for—
p.(None): (1) directing day-to-day oversight of investigations and adjudications for personnel security
p.(None): clearances, including for highly sensitive programs, throughout the United States Government;
p.(None): (2) developing and implementing uniform and consistent policies and procedures to ensure the effective,
p.(None): efficient, and timely completion of security clearances and determinations for access to highly sensitive
p.(None): programs, including the standard- ization of security questionnaires, financial disclosure require- ments for
p.(None): security clearance applicants, and polygraph policies and procedures;
p.(None): (3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
p.(None): (4) ensuring reciprocal recognition of access to classified information among the agencies of the United
p.(None): States Govern- ment, including acting as the final authority to arbitrate and resolve disputes involving the
p.(None): reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3707
p.(None):
p.(None):
p.(None): (5) ensuring, to the maximum extent practicable, that suffi- cient resources are available in each agency to achieve
p.(None): clearance and investigative program goals; and
p.(None): (6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of
p.(None): investigations and granting of clearances.
p.(None): (c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—
p.(None): (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of
p.(None): this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b),
p.(None): select a single agency of the executive branch to conduct, to the maximum extent practicable, security
p.(None): clearance investigations of employees and contractor personnel of the United States Government who require access
p.(None): to classified information and to provide and maintain all security clearances of such employees and
p.(None): contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to
p.(None): conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it
p.(None): appropriate for national security and efficiency purposes.
p.(None): (2) The agency selected under paragraph (1) shall—
p.(None): (A) take all necessary actions to carry out the requirements of this section, including entering into a memorandum of
p.(None): under- standing with any agency carrying out responsibilities relating to security clearances or security clearance
p.(None): investigations before the date of the enactment of this Act;
p.(None): (B) as soon as practicable, integrate reporting of security clearance applications, security clearance
p.(None): investigations, and determinations of eligibility for security clearances, with the database required by
p.(None): subsection (e); and
p.(None): (C) ensure that security clearance investigations are con- ducted in accordance with uniform standards and
p.(None): requirements established under subsection (b), including uniform security questionnaires and financial disclosure
p.(None): requirements.
...
p.(None):
p.(None): exists or has been granted by another authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section
p.(None): on a case-by-case basis if the head of the entity selected pursuant to subsection (b) deter- mines that
p.(None): such action is necessary for national security purposes.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None): Deadline. Establishment.
p.(None): (6) The head of the entity selected pursuant to subsection
p.(None): (b) shall establish a review procedure by which agencies can seek review of actions required under this
p.(None): section.
p.(None): (e) DATABASE ON SECURITY CLEARANCES.—(1) Not later than 12 months after the date of the enactment of this
p.(None): Act, the Director of the Office of Personnel Management shall, in cooperation with the heads of the
p.(None): entities selected pursuant to subsections (b) and (c), establish and commence operating and
p.(None): maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial,
p.(None): or revocation of a security clearance or access pertaining to military, civilian, or government contractor
p.(None): personnel shall be entered from all authorized investigative and adjudicative agencies.
p.(None): (2) The database under this subsection shall function to integrate information from existing Federal
p.(None): clearance tracking sys- tems from other authorized investigative and adjudicative agencies into a single consolidated
p.(None): database.
p.(None): (3) Each authorized investigative or adjudicative agency shall check the database under this subsection to
p.(None): determine whether an individual the agency has identified as requiring a security clearance has already been
p.(None): granted or denied a security clearance, or has had a security clearance revoked, by any other authorized
p.(None): investigative or adjudicative agency.
p.(None): (4) The head of the entity selected pursuant to subsection
p.(None): (b) shall evaluate the extent to which an agency is submitting information to, and requesting information
p.(None): from, the database under this subsection as part of a determination of whether to certify the agency as an
p.(None): authorized investigative agency or authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may authorize an agency to withhold information about certain individuals from the database under this
p.(None): subsection if the head of the entity considers it necessary for national security purposes.
p.(None): (f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEAR- ANCE INVESTIGATIONS AND ADJUDICATIONS.—(1) The
p.(None): head of the entity selected pursuant to subsection (b) shall evaluate the use of available information
p.(None): technology and databases to expedite inves- tigative and adjudicative processes for all and to verify standard
p.(None): information submitted as part of an application for a security clear- ance.
p.(None): (2) The evaluation shall assess the application of the tech- nologies described in paragraph (1) for—
...
p.(None): (C) Contingency plans that the Department has devel- oped in the event that it receives intelligence indicating
p.(None): a high threat of a MANPADS attack on aircraft at or near United States airports.
p.(None): (D) The feasibility and effectiveness of implementing public education and neighborhood watch programs
p.(None): in areas surrounding United States airports in cases in which intelligence reports indicate there is a
p.(None): high risk of MANPADS attacks on aircraft.
p.(None): (E) Any other issues that the Secretary deems relevant.
p.(None): (3) FORMAT.—The report required by this subsection may be submitted in a classified format.
p.(None): (e) DEFINITIONS.—In this section, the following definitions apply:
p.(None): (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3727
p.(None):
p.(None): (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on
p.(None): Transportation and Infrastructure of the House of Rep- resentatives; and
p.(None): (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science,
p.(None): and Transportation of the Senate.
p.(None): (2) MANPADS.—The term ‘‘MANPADS’’ means—
p.(None): (A) a surface-to-air missile system designed to be man- portable and carried and fired by a single individual;
p.(None): and
p.(None): (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting
p.(None): as a crew and portable by several individuals.
p.(None): SEC. 4027. TECHNICAL CORRECTIONS.
p.(None): (a) ADMINISTRATIVE IMPOSITION OF PENALTIES.—Section 46301(d) of title 49, United States Code, is
p.(None): amended—
p.(None): (1) in the first sentence of paragraph (2) by striking ‘‘46302, 46303,’’ and inserting ‘‘46302 (for a violation
p.(None): relating to section 46504),’’;
p.(None): (2) in the second sentence of paragraph (2)—
p.(None): (A) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting ‘‘Secretary of Homeland
p.(None): Security’’; and
p.(None): (B) by striking ‘‘44909)’’ and inserting ‘‘44909), 46302 (except for a violation relating to section
p.(None): 46504), 46303,’’;
p.(None): (3) in paragraphs (2), (3), and (4) by striking ‘‘Under Sec- retary or’’ each place it occurs and
p.(None): inserting ‘‘Secretary of Homeland Security or’’; and
p.(None): (4) in paragraph (4)(A) by moving clauses (i), (ii), and
p.(None): (iii) 2 ems to the left.
p.(None): (b) COMPROMISE AND SETOFF FOR FALSE INFORMATION.—Section 46302(b)(1) of title 49, United States Code, is amended by
p.(None): striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security and, for a violation relating
p.(None): to section 46504, the Secretary of Transportation,’’.
p.(None): (c) CARRYING A WEAPON.—Section 46303 of title 49, United States Code, is amended—
p.(None): (1) in subsection (b)(1) by striking ‘‘Secretary of Transpor- tation’’ and inserting ‘‘Secretary of Homeland
p.(None): Security’’; and
p.(None): (2) in subsection (c)(2) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting
...
p.(None): (F) permit immigration and border officials—
p.(None): (i) to confiscate a lost, stolen, or falsified passport at ports of entry;
p.(None): (ii) to permit the traveler to return to the sending country without being in possession of the lost, stolen, or
p.(None): falsified passport; and
p.(None): (iii) to detain and investigate such traveler upon the return of the traveler to the sending country.
p.(None): (3) INTERNATIONAL CIVIL AVIATION ORGANIZATION.—The United States shall lead efforts to track and curtail the
p.(None): travel of terrorists by supporting efforts at the International Civil Aviation Organization to continue to
p.(None): strengthen the security features of passports and other travel documents.
p.(None): (c) REPORT.—
p.(None): (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and at least annually
p.(None): thereafter, the President shall submit to the appropriate congressional committees a report on progress
p.(None): toward achieving the goals described in subsection (b).
p.(None): (2) TERMINATION.—Paragraph (1) shall cease to be effective when the President certifies to the Committee on
p.(None): International Relations of the House of Representatives and the Committee on Foreign Relations of the
p.(None): Senate that the goals described in subsection (b) have been fully achieved.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3817
p.(None):
p.(None):
p.(None): SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET FOR
p.(None): INTER- NATIONAL TRAVEL DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The current lack of a single convention for translating Arabic names enabled some of the 19
p.(None): hijackers of aircraft used in the terrorist attacks against the United States that occurred on September
p.(None): 11, 2001, to vary the spelling of their names to defeat name-based terrorist watchlist systems and to
p.(None): make more difficult any potential efforts to locate them.
p.(None): (2) Although the development and utilization of terrorist watchlist systems using biometric identifiers
p.(None): will be helpful, the full development and utilization of such systems will take several years, and
p.(None): name-based terrorist watchlist systems will always be useful.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the President should seek to enter into an
p.(None): international agreement to modernize and improve standards for the transliteration of names into the Roman alphabet
p.(None): in order to ensure 1 common spelling for such names for international travel documents and name-based watchlist
p.(None): systems.
p.(None): SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
p.(None): (a) IN GENERAL.—Section 235A(b) of the Immigration and Nationality Act (8 U.S.C. 1225a(b)) is amended—
p.(None): (1) in the subsection heading, by inserting ‘‘AND IMMIGRA-
p.(None): TION SECURITY INITIATIVE’’ after ‘‘PROGRAM’’;
p.(None): (2) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; and
p.(None): (3) by adding at the end the following: ‘‘Beginning not later than December 31, 2006, the number of airports
p.(None): selected for an assignment under this subsection shall be at least 50.’’.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Homeland
p.(None): Security to carry out the amendments made by subsection (a)—
...
p.(None): (2) DEFINITION.—In this subsection, the term ‘‘registered traveler program’’ means any program designed to
p.(None): expedite the travel of previously screened and known travelers across the borders of the United States.
p.(None): (3) REGISTERED TRAVEL PROGRAM.—
p.(None): (A) IN GENERAL.—As soon as is practicable, the Sec- retary shall develop and implement a registered
p.(None): traveler program to expedite the processing of registered travelers who enter and exit the United States.
p.(None): (B) PARTICIPATION.—The registered traveler program shall include as many participants as practicable by—
p.(None): (i) minimizing the cost of enrollment;
p.(None): (ii) making program enrollment convenient and easily accessible; and
p.(None): (iii) providing applicants with clear and consistent eligibility guidelines.
p.(None): (C) INTEGRATION.—The registered traveler program shall be integrated into the automated biometric entry
p.(None): and exit data system described in this section.
p.(None): (D) REVIEW AND EVALUATION.—In developing the reg- istered traveler program, the Secretary shall—
p.(None): (i) review existing programs or pilot projects designed to expedite the travel of registered
p.(None): travelers across the borders of the United States;
p.(None): (ii) evaluate the effectiveness of the programs described in clause (i), the costs associated with
p.(None): such programs, and the costs to travelers to join such pro- grams;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3823
p.(None):
p.(None):
p.(None): (iii) increase research and development efforts to accelerate the development and implementation of a
p.(None): single registered traveler program; and
p.(None): (iv) review the feasibility of allowing participants to enroll in the registered traveler program at consular
p.(None): offices.
p.(None): (4) REPORT.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall submit to
p.(None): Congress a report describing the Department’s progress on the development and implementation of the registered
p.(None): traveler program.
p.(None): (l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary, for each of
p.(None): the fiscal years 2005 through 2009, such sums as may be necessary to carry out the provisions of this
p.(None): section.
p.(None): SEC. 7209. TRAVEL DOCUMENTS.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Existing procedures allow many individuals to enter the United States by showing minimal identification or
p.(None): without showing any identification.
p.(None): (2) The planning for the terrorist attacks of September 11, 2001, demonstrates that terrorists study and
p.(None): exploit United States vulnerabilities.
p.(None): (3) Additional safeguards are needed to ensure that terror- ists cannot enter the United States.
p.(None): (b) PASSPORTS.—
p.(None): (1) DEVELOPMENT OF PLAN.—The Secretary of Homeland Security, in consultation with the Secretary of State,
p.(None): shall develop and implement a plan as expeditiously as possible to require a passport or other document,
p.(None): or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity
...
p.(None): the concurrence of the Secretary of Homeland Security and the Commissioner of Social Security, may prescribe by
p.(None): regu- lation.
p.(None): (C) COMPLIANCE.—Each State shall ensure that units of local government and other authorized custodians of
p.(None): records in the State comply with this section.
p.(None): (D) AUDITS.—The Secretary of Health and Human Services may conduct periodic audits of each State’s compli-
p.(None): ance with the requirements of this section.
p.(None): (3) MINIMUM STANDARDS.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health
p.(None): and Human Services shall by regulation establish minimum stand- ards for birth certificates for use by Federal
p.(None): agencies for official purposes that—
p.(None): (A) at a minimum, shall require certification of the birth certificate by the State or local government
p.(None): custodian of record that issued the certificate, and shall require the use of safety paper or an
p.(None): alternative, equally secure medium, the seal of the issuing custodian of record, and other features
p.(None): designed to prevent tampering, counter- feiting, or otherwise duplicating the birth certificate for
p.(None): fraudulent purposes;
p.(None): (B) shall establish requirements for proof and verification of identity as a condition of issuance of
p.(None): a birth certificate, with additional security measures for the issuance of a birth certificate for a
p.(None): person who is not the applicant;
p.(None): (C) shall establish standards for the processing of birth certificate applications to prevent fraud;
p.(None): (D) may not require a single design to which birth certificates issued by all States must conform; and
p.(None): (E) shall accommodate the differences between the States in the manner and form in which birth records
p.(None): are stored and birth certificates are produced from such records.
p.(None): (4) CONSULTATION WITH GOVERNMENT AGENCIES.—In promulgating the standards required under paragraph (3),
p.(None): the Secretary of Health and Human Services shall consult with—
p.(None): (A) the Secretary of Homeland Security;
p.(None): (B) the Commissioner of Social Security;
p.(None): (C) State vital statistics offices; and
p.(None): (D) other appropriate Federal agencies.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3827
p.(None):
p.(None):
p.(None): (5) EXTENSION OF EFFECTIVE DATE.—The Secretary of Health and Human Services may extend the date
p.(None): specified under paragraph (1) for up to 2 years for birth certificates issued by a State if the
p.(None): Secretary determines that the State made reasonable efforts to comply with the date under para- graph (1)
p.(None): but was unable to do so.
p.(None): (c) GRANTS TO STATES.—
p.(None): (1) ASSISTANCE IN MEETING FEDERAL STANDARDS.—
p.(None): (A) IN GENERAL.—Beginning on the date a final regula- tion is promulgated under subsection (b)(3), the Secretary
p.(None): of Health and Human Services shall award grants to States to assist them in conforming to the minimum standards
p.(None): for birth certificates set forth in the regulation.
p.(None): (B) ALLOCATION OF GRANTS.—The Secretary shall award grants to States under this paragraph based on
p.(None): the proportion that the estimated average annual number of birth certificates issued by a State applying for a
...
p.(None): (vii) the person’s signature;
p.(None): (E) standards for common machine-readable identity information to be included on each driver’s license or
p.(None): per- sonal identification card, including defined minimum data elements;
p.(None): (F) security standards to ensure that driver’s licenses and personal identification cards are—
p.(None): (i) resistant to tampering, alteration, or counter- feiting; and
p.(None): (ii) capable of accommodating and ensuring the security of a digital photograph or other unique identi- fier; and
p.(None): (G) a requirement that a State confiscate a driver’s license or personal identification card if any
p.(None): component or security feature of the license or identification card is compromised.
p.(None): (3) CONTENT OF REGULATIONS.—The regulations required by paragraph (2)—
p.(None): (A) shall facilitate communication between the chief driver licensing official of a State, an appropriate
p.(None): official of a Federal agency and other relevant officials, to verify the authenticity of documents, as
p.(None): appropriate, issued by such Federal agency or entity and presented to prove the identity of an individual;
p.(None): (B) may not infringe on a State’s power to set criteria concerning what categories of individuals are eligible
p.(None): to obtain a driver’s license or personal identification card from that State;
p.(None): (C) may not require a State to comply with any such regulation that conflicts with or otherwise
p.(None): interferes with the full enforcement of State criteria concerning the cat- egories of individuals that are
p.(None): eligible to obtain a driver’s license or personal identification card from that State;
p.(None): (D) may not require a single design to which driver’s licenses or personal identification cards issued by all
p.(None): States must conform; and
p.(None): (E) shall include procedures and requirements to pro- tect the privacy rights of individuals who apply
p.(None): for and hold driver’s licenses and personal identification cards.
p.(None): (4) NEGOTIATED RULEMAKING.—
p.(None): (A) IN GENERAL.—Before publishing the proposed regu- lations required by paragraph (2) to carry out this
p.(None): title, the Secretary of Transportation shall establish a negotiated rulemaking process pursuant to subchapter IV
p.(None): of chapter
p.(None): 5 of title 5, United States Code (5 U.S.C. 561 et seq.).
p.(None): (B) REPRESENTATION ON NEGOTIATED RULEMAKING COMMITTEE.—Any negotiated rulemaking committee estab- lished
p.(None): by the Secretary of Transportation pursuant to subparagraph (A) shall include representatives from—
p.(None): (i) among State offices that issue driver’s licenses or personal identification cards;
p.(None): (ii) among State elected officials;
p.(None): (iii) the Department of Homeland Security; and
p.(None): (iv) among interested parties.
p.(None):
p.(None):
p.(None): 118 STAT. 3830 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (C) TIME REQUIREMENT.—The process described in subparagraph (A) shall be conducted in a timely manner
p.(None): to ensure that—
p.(None): (i) any recommendation for a proposed rule or report is provided to the Secretary of Transportation not
p.(None): later than 9 months after the date of enactment of this Act and shall include an assessment of the
p.(None): benefits and costs of the recommendation; and
p.(None): (ii) a final rule is promulgated not later than 18 months after the date of enactment of this Act.
p.(None): (c) GRANTS TO STATES.—
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p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security Sec. 4001. National Strategy for Transportation Security.
p.(None): Subtitle B—Aviation Security
p.(None): Sec. 4011. Provision for the use of biometric or other technology. Sec. 4012. Advanced airline passenger
p.(None): prescreening.
p.(None): Sec. 4013. Deployment and use of detection equipment at airport screening check- points.
p.(None): Sec. 4014. Advanced airport checkpoint screening devices. Sec. 4015. Improvement of screener job performance.
p.(None): Sec. 4016. Federal air marshals.
p.(None): Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.
p.(None): Sec. 4018. Foreign air marshal training.
p.(None): Sec. 4019. In-line checked baggage screening.
p.(None): Sec. 4020. Checked baggage screening area monitoring. Sec. 4021. Wireless communication.
p.(None): Sec. 4022. Improved pilot licenses. Sec. 4023. Aviation security staffing.
p.(None):
p.(None):
p.(None): 118 STAT. 3640 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Sec. 4024. Improved explosive detection systems. Sec. 4025. Prohibited items list.
p.(None): Sec. 4026. Man-Portable Air Defense Systems (MANPADs). Sec. 4027. Technical corrections.
p.(None): Sec. 4028. Report on secondary flight deck barriers.
p.(None): Sec. 4029. Extension of authorization of aviation security funding.
p.(None): Subtitle C—Air Cargo Security
p.(None): Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage con- tainers.
p.(None): Sec. 4052. Air cargo security.
p.(None): Sec. 4053. Air cargo security regulations.
p.(None): Sec. 4054. Report on international air cargo threats.
p.(None): Subtitle D—Maritime Security Sec. 4071. Watch lists for passengers aboard vessels.
p.(None): Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
p.(None): Subtitle E—General Provisions
p.(None): Sec. 4081. Definitions. Sec. 4082. Effective date.
p.(None): TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
p.(None): Subtitle A—Advanced Technology Northern Border Security Pilot Program Sec. 5101. Establishment.
p.(None): Sec. 5102. Program requirements. Sec. 5103. Administrative provisions. Sec. 5104. Report.
p.(None): Sec. 5105. Authorization of appropriations.
...
p.(None): and their personal prop- erty that will be carried aboard a passenger aircraft operated by an air carrier
p.(None): or foreign air carrier in air transportation or intra- state air transportation.’’.
p.(None): (b) CONFORMING AMENDMENT.—The analysis for chapter 449 of title 49, United States Code, is amended
p.(None): by inserting after the item relating to section 44924 the following:
p.(None): ‘‘44925. Deployment and use of detection equipment at airport screening check- points.’’.
p.(None):
p.(None): 49 USC 44925
p.(None): note. Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 44935
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 44917
p.(None): note.
p.(None): SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
p.(None): (a) ADVANCED INTEGRATED AIRPORT CHECKPOINT SCREENING SYSTEM PILOT PROGRAM.—Not later than March 31,
p.(None): 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop and initiate
p.(None): a pilot program to deploy and test advanced airport checkpoint screening devices and tech- nology as an
p.(None): integrated system at not less than 5 airports in the United States.
p.(None): (b) FUNDING.—Of the amounts appropriated pursuant to section 48301(a) of title 49, United States Code, for each
p.(None): of fiscal years 2005 and 2006, not more than $150,000,000 shall be available to carry out subsection (a).
p.(None): SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
p.(None): (a) REQUIRED ACTION.—The Assistant Secretary of Homeland Security (Transportation Security Administration)
p.(None): shall take such action as may be necessary to improve the job performance of airport screening personnel.
p.(None): (b) HUMAN FACTORS STUDY.—In carrying out this section, the Assistant Secretary shall provide, not later
p.(None): than 180 days after the date of the enactment of this Act, to the appropriate congres- sional committees
p.(None): a report on the results of any human factors study conducted by the Department of Homeland Security to better
p.(None): understand problems in screener performance and to improve screener performance.
p.(None): SEC. 4016. FEDERAL AIR MARSHALS.
p.(None): (a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the Federal Air Marshal Service of the Department of Homeland
p.(None): Secu- rity shall continue operational initiatives to protect the anonymity of Federal air marshals.
p.(None): (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of
p.(None): Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to any amounts
p.(None): otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of title 49,
p.(None): United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall
p.(None): remain available until expended.
p.(None): (c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING.—
p.(None): (1) AVAILABILITY OF INFORMATION.—The Assistant Sec- retary for Immigration and Customs Enforcement
p.(None): and the Director of Federal Air Marshal Service of the Department of Homeland Security, shall make
p.(None): available, as practicable, appropriate information on in-flight counterterrorism and weapons handling
p.(None): procedures and tactics training to Federal
...
p.(None): that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest
p.(None): extent practicable on objective perform- ance measures, including—
p.(None): ‘‘(1) the contribution of that employee to seizures of nar- cotics and arrests of violators of Federal, State,
p.(None): or local narcotics laws; and
p.(None): ‘‘(2) the degree to which that employee cooperated with or contributed to the efforts of other
p.(None): employees, either within the Department or other Federal, State, or local agencies, in counternarcotics
p.(None): enforcement.
p.(None): ‘‘(b) DEFINITIONS.—For purposes of this section—
p.(None): ‘‘(1) the term ‘National Drug Control Program Agency’ means—
p.(None): ‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National
p.(None): Drug Control Policy Reauthorization Act of 1998 (as last in effect); and
p.(None): ‘‘(B) any subdivision of the Department that has a significant counternarcotics responsibility, as
p.(None): determined by—
p.(None): ‘‘(i) the counternarcotics officer, appointed under section 878; or
p.(None): ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor in function (as determined by the Secretary);
p.(None): and
p.(None): ‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job
p.(None): performance of employees are made, whether under chapter 43 of title 5, United States Code, or otherwise.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting
p.(None): after the item relating to section 842 the following:
p.(None):
p.(None): ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’.
p.(None):
p.(None): Subtitle E—Public Safety Spectrum
p.(None): SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
p.(None): (a) FINDINGS.—Congress finds the following:
p.(None): (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital
p.(None): broadcasts
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855
p.(None):
p.(None): simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
p.(None): (2) Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television
p.(None): broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than—
p.(None): (A) December 31, 2006; or
p.(None): (B) the date on which more than 85 percent of the television households in the market of such
p.(None): broadcaster can view digital broadcast television channels using a dig- ital television, a digital-to-analog
p.(None): converter box, cable service, or satellite service.
p.(None): (3) Twenty-four megahertz of spectrum occupied by tele- vision broadcasters has been earmarked for
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p.(None): killings, or severe violations of religious freedom.
p.(None): Sec. 5505. Establishment of the Office of Special Investigations. Sec. 5506. Report on implementation.
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers Sec. 6001. Individual terrorists as agents of foreign
p.(None): powers.
p.(None): Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel- ligence Surveillance Act of
p.(None): 1978.
p.(None): Subtitle B—Money Laundering and Terrorist Financing Sec. 6101. Additional authorization for finCEN.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641
p.(None):
p.(None): Sec. 6102. Money laundering and financial crimes strategy reauthorization. Subtitle C—Money Laundering Abatement and
p.(None): Financial Antiterrorism Technical
p.(None): Corrections
p.(None): Sec. 6201. Short title.
p.(None): Sec. 6202. Technical corrections to Public Law 107–56. Sec. 6203. Technical corrections to other provisions of law.
p.(None): Sec. 6204. Repeal of review.
p.(None): Sec. 6205. Effective date.
p.(None): Subtitle D—Additional Enforcement Tools
p.(None): Sec. 6301. Bureau of Engraving and Printing security printing. Sec. 6302. Reporting of certain cross-border
p.(None): transmittal of funds. Sec. 6303. Terrorism financing.
p.(None): Subtitle E—Criminal History Background Checks Sec. 6401. Protect Act.
p.(None): Sec. 6402. Reviews of criminal records of applicants for private security officer em- ployment.
p.(None): Sec. 6403. Criminal history background checks.
p.(None): Subtitle F—Grand Jury Information Sharing Sec. 6501. Grand jury information sharing.
p.(None): Subtitle G—Providing Material Support to Terrorism Sec. 6601. Short title.
p.(None): Sec. 6602. Receiving military-type training from a foreign terrorist organization.
p.(None): Sec. 6603. Additions to offense of providing material support to terrorism. Sec. 6604. Financing of terrorism.
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004 Sec. 6701. Short title.
p.(None): Sec. 6702. Hoaxes and recovery costs.
p.(None): Sec. 6703. Obstruction of justice and false statements in terrorism cases. Sec. 6704. Clarification of definition.
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004 Sec. 6801. Short title.
p.(None): Sec. 6802. Weapons of mass destruction.
p.(None): Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 Sec. 6901. Short title.
p.(None): Sec. 6902. Findings and purpose.
p.(None): Sec. 6903. Missile systems designed to destroy aircraft. Sec. 6904. Atomic weapons.
p.(None): Sec. 6905. Radiological dispersal devices. Sec. 6906. Variola virus.
p.(None): Sec. 6907. Interception of communications.
p.(None): Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. Sec. 6909. Amendments to section
p.(None): 1956(c)(7)(d) of title 18, United States Code. Sec. 6910. Export licensing process.
...
p.(None): Sec. 7502. Studies on telecommunications capabilities and requirements.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643
p.(None):
p.(None): Subtitle F—Presidential Transition Sec. 7601. Presidential transition.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing
p.(None): Sec. 7701. Improving international standards and cooperation to fight terrorist fi- nancing.
p.(None): Sec. 7702. Definitions.
p.(None): Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
p.(None): Sec. 7704. Coordination of United States Government efforts.
p.(None): Subtitle H—Emergency Financial Preparedness Sec. 7801. Delegation authority of the Secretary of the Treasury.
p.(None): Sec. 7802. Treasury support for financial services industry preparedness and re- sponse and consumer
p.(None): education.
p.(None): Sec. 7803. Emergency Securities Response Act of 2004. Sec. 7804. Private sector preparedness.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None): Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
p.(None): Subtitle B—Department of Homeland Security Matters Sec. 8201. Homeland security geospatial information.
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection Sec. 8301. Short title.
p.(None): Sec. 8302. Mission of Department of Homeland Security.
p.(None): Sec. 8303. Officer for Civil Rights and Civil Liberties.
p.(None): Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector Gen- eral.
p.(None): Sec. 8305. Privacy officer.
p.(None): Sec. 8306. Protections for human research subjects of the Department of Homeland Security.
p.(None):
p.(None): Subtitle D—Other Matters
p.(None): Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency plan- ning for information security
p.(None): needs.
p.(None): Sec. 8402. Enterprise architecture.
p.(None): Sec. 8403. Financial disclosure and records.
p.(None): Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
p.(None):
p.(None): TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
p.(None): SEC. 1001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘National Security Intelligence Reform Act of 2004’’.
p.(None): Subtitle A—Establishment of Director of National Intelligence
p.(None): SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
p.(None): (a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by striking
p.(None): sections 102 through 104 and inserting the following new sections:
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): National Security Intelligence Reform Act of 2004.
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3644 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘DIRECTOR OF NATIONAL INTELLIGENCE
p.(None):
p.(None):
p.(None): President. Congress. 50 USC 403.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1.
p.(None): ‘‘SEC. 102. (a) DIRECTOR OF NATIONAL INTELLIGENCE.—(1) There
...
p.(None): ‘‘(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
p.(None): ‘‘(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or
p.(None): increases efficiency; ‘‘(iii) the transfer or reprogramming does not involve a transfer or reprogramming of
p.(None): funds to a Reserve for Contin- gencies of the Director of National Intelligence or the Reserve
p.(None): for Contingencies of the Central Intelligence Agency;
p.(None): ‘‘(iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any
p.(None): department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year—
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘(I) that is less than $150,000,000, and
p.(None): 118 STAT. 3647
p.(None):
p.(None): ‘‘(II) that is less than 5 percent of amounts available to a department or agency under the National
p.(None): Intelligence Program; and
p.(None): ‘‘(v) the transfer or reprogramming does not terminate an acquisition program.
p.(None): ‘‘(B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v)
p.(None): of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the
p.(None): Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The
p.(None): authority to pro- vide such concurrence may only be delegated by the head of the department or agency
p.(None): involved to the deputy of such officer.
p.(None): ‘‘(6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the
p.(None): appropriations account to which transferred or reprogrammed.
p.(None): ‘‘(7) Any transfer or reprogramming of funds under this sub- section shall be carried out in accordance with
p.(None): existing procedures applicable to reprogramming notifications for the appropriate congressional committees.
p.(None): Any proposed transfer or reprogramming for which notice is given to the appropriate congressional commit- tees
p.(None): shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and
p.(None): how it satisfies the requirements of this subsection. In addition, the congressional intel- ligence committees
p.(None): shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in
p.(None): any case in which the transfer or reprogramming would not have other- wise required reprogramming notification under
p.(None): procedures in effect as of the date of the enactment of this subsection.
p.(None): ‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other authorities available under law for such purposes,
p.(None): in the first twelve months after establishment of a new national intelligence center, the Director of
p.(None): National Intelligence, with the approval of the Director of the Office of Management and Budget and in
p.(None): consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may
p.(None): transfer not more than 100 personnel authorized for elements of the intelligence community to such center.
p.(None): ‘‘(B) The Director of National Intelligence shall promptly pro- vide notice of any transfer of personnel
...
p.(None): (1) The Director of National Intelligence shall protect intelligence sources and methods from unauthorized
p.(None): disclosure.
p.(None): ‘‘(2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director
p.(None): of National Intelligence shall establish and implement guidelines for the intelligence community for
p.(None): the following purposes:
p.(None): ‘‘(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
p.(None): ‘‘(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
p.(None): ‘‘(C) Preparation of intelligence products in such a way that source information is removed to allow for
p.(None): dissemination at the lowest level of classification possible or in unclassified form to the extent
p.(None): practicable.
p.(None): ‘‘(3) The Director may only delegate a duty or authority given the Director under this subsection to the
p.(None): Principal Deputy Director of National Intelligence.
p.(None): ‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
p.(None): INFORMATION.—The Director of National Intelligence, subject to the direction of the President, shall—
p.(None): ‘‘(1) establish uniform standards and procedures for the grant of access to sensitive compartmented information
p.(None): to any officer or employee of any agency or department of the United States and to employees of contractors of
p.(None): those agencies or departments;
p.(None): ‘‘(2) ensure the consistent implementation of those stand- ards and procedures throughout such agencies
p.(None): and depart- ments;
p.(None): ‘‘(3) ensure that security clearances granted by individual elements of the intelligence community are
p.(None): recognized by all elements of the intelligence community, and under contracts entered into by those agencies;
p.(None): and
p.(None): ‘‘(4) ensure that the process for investigation and adjudica- tion of an application for access to sensitive
p.(None): compartmented information is performed in the most expeditious manner pos- sible consistent with applicable
p.(None): standards for national security. ‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the President and in a manner consistent with section
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Guidelines.
p.(None):
p.(None):
p.(None): 118 STAT. 3652 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National Intelligence shall oversee the
p.(None): coordination of the rela- tionships between elements of the intelligence community and the intelligence or
p.(None): security services of foreign governments or inter- national organizations on all matters involving intelligence
...
p.(None): community who are assigned or detailed under paragraph (1)(A) to service under the Director of National
p.(None): Intelligence shall be promoted at rates equivalent to or better than personnel of such element who are
p.(None): not so assigned or detailed.
p.(None): ‘‘(B) The Director may prescribe regulations to carry out this section.
p.(None): ‘‘(3)(A) The Director of National Intelligence shall prescribe mechanisms to facilitate the rotation of
p.(None): personnel of the intelligence community through various elements of the intelligence community in the course of
p.(None): their careers in order to facilitate the widest possible understanding by such personnel of the variety
p.(None): of intel- ligence requirements, methods, users, and capabilities.
p.(None): ‘‘(B) The mechanisms prescribed under subparagraph (A) may include the following:
p.(None): ‘‘(i) The establishment of special occupational categories involving service, over the course of a career,
p.(None): in more than one element of the intelligence community.
p.(None): ‘‘(ii) The provision of rewards for service in positions under- taking analysis and planning of operations
p.(None): involving two or more elements of the intelligence community.
p.(None): ‘‘(iii) The establishment of requirements for education, training, service, and evaluation for service
p.(None): involving more than one element of the intelligence community.
p.(None): ‘‘(C) It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical,
p.(None): seek to dupli- cate for civilian personnel within the intelligence community the joint officer management
p.(None): policies established by chapter 38 of title 10, United States Code, and the other amendments made by title IV
p.(None): of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433).
p.(None): ‘‘(4)(A) Except as provided in subparagraph (B) and subpara- graph (D), this subsection shall not apply with
p.(None): respect to personnel of the elements of the intelligence community who are members of the uniformed services.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3653
p.(None):
p.(None): ‘‘(B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may
p.(None): apply with respect to members of the uniformed services who are assigned to an element of the intelligence
p.(None): community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with
p.(None): personnel policies and education and training requirements otherwise applicable to members of the uniformed
p.(None): services.
p.(None): ‘‘(C) The personnel policies and programs developed and imple- mented under this subsection with respect to law
p.(None): enforcement offi- cers (as that term is defined in section 5541(3) of title 5, United States Code) shall
p.(None): not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command,
p.(None): to control the activities of such law enforcement officers.
p.(None): ‘‘(D) Assignment to the Office of the Director of National Intel- ligence of commissioned officers of the Armed Forces
p.(None): shall be consid- ered a joint-duty assignment for purposes of the joint officer management policies
p.(None): prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
p.(None): ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
p.(None): (1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with
p.(None): respect to the personnel of the Office of the Director of National Intelligence any authority of the
p.(None): Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency
p.(None): under the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable
p.(None): provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the
p.(None): same conditions and limitations, that the Director of the Central Intel- ligence Agency may exercise such
p.(None): authority with respect to per- sonnel of the Central Intelligence Agency.
p.(None): ‘‘(2) Employees and applicants for employment of the Office of the Director of National Intelligence
p.(None): shall have the same rights and protections under the Office of the Director of National Intel- ligence as
p.(None): employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949, and other
p.(None): applicable provisions of law, as of the date of the enactment of this subsection. ‘‘(n) ACQUISITION AUTHORITIES.—(1) In
p.(None): carrying out the respon- sibilities and authorities under this section, the Director of National Intelligence may
p.(None): exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency
p.(None): Act of 1949 (50 U.S.C. 403a et seq.) other than the authorities referred
p.(None): to in section 8(b) of that Act (50 U.S.C. 403j(b)).
p.(None): ‘‘(2) For the purpose of the exercise of any authority referred to in paragraph (1), a reference to
p.(None): the head of an agency shall be deemed to be a reference to the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence.
p.(None): ‘‘(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by
p.(None): the head of an agency may be made with respect to individual purchases and contracts or with respect to
p.(None): classes of purchases or contracts, and shall be final.
p.(None): ‘‘(B) Except as provided in subparagraph (C), the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence may, in such official’s discretion, delegate to any officer or other
p.(None): official of the Office of the Director of National Intelligence any authority to make a determination or
p.(None): decision as the head of the agency under an authority referred to in paragraph (1).
p.(None):
p.(None):
p.(None): 118 STAT. 3654 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(C) The limitations and conditions set forth in section 3(d) of the Central Intelligence Agency Act of
p.(None): 1949 (50 U.S.C. 403c(d)) shall apply to the exercise by the Director of National Intelligence of an authority
p.(None): referred to in paragraph (1).
p.(None): ‘‘(D) Each determination or decision required by an authority referred to in the second sentence of
p.(None): section 3(d) of the Central Intelligence Agency Act of 1949 shall be based upon written findings made by the
p.(None): official making such determination or decision, which findings shall be final and shall be available within
p.(None): the Office of the Director of National Intelligence for a period of at least six years following the
p.(None): date of such determination or decision. ‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE
p.(None): COMMUNITY.—In carrying out the duties and responsibilities under this section, the Director of National
p.(None): Intelligence shall take into account the views of a head of a department containing an element of the intelligence
p.(None): community and of the Director of the Central Intelligence Agency.
p.(None): ‘‘(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGARDING NATIONAL INTELLIGENCE PROGRAM
...
p.(None): National Intelligence Program of such services as are of common concern to the intelligence community,
p.(None): which services the Director of National Intelligence determines can be more efficiently accom- plished
p.(None): in a consolidated manner.
p.(None): ‘‘OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTEL-
p.(None): LIGENCE.—There is an Office of the Director of National Intelligence. ‘‘(b) FUNCTION.—The function of the Office
p.(None): of the Director of National Intelligence is to assist the Director of National Intel- ligence in carrying
p.(None): out the duties and responsibilities of the Director under this Act, the National Security Act of 1947 (50
p.(None): U.S.C. 401 et seq.), and other applicable provisions of law, and to carry out such other duties as may
p.(None): be prescribed by the President or by
p.(None): law.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. 50 USC 403–3.
p.(None): ‘‘(c) COMPOSITION.—The Office of the Director of National Intel- ligence is composed of the following:
p.(None): ‘‘(1) The Director of National Intelligence.
p.(None): ‘‘(2) The Principal Deputy Director of National Intelligence. ‘‘(3) Any Deputy Director of National Intelligence
p.(None): appointed
p.(None): under section 103A.
p.(None): ‘‘(4) The National Intelligence Council. ‘‘(5) The General Counsel.
p.(None): ‘‘(6) The Civil Liberties Protection Officer. ‘‘(7) The Director of Science and Technology.
p.(None): ‘‘(8) The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive).
p.(None): ‘‘(9) Such other offices and officials as may be established by law or the Director may establish or designate
p.(None): in the Office, including national intelligence centers.
p.(None): ‘‘(d) STAFF.—(1) To assist the Director of National Intelligence in fulfilling the duties and
p.(None): responsibilities of the Director, the Director shall employ and utilize in the Office of the Director of
p.(None): National Intelligence a professional staff having an expertise in matters relating to such duties and
p.(None): responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that
p.(None): staff.
p.(None): ‘‘(2) The staff of the Office of the Director of National Intel- ligence under paragraph (1) shall
p.(None): include the staff of the Office of the Deputy Director of Central Intelligence for Community
p.(None): Management that is transferred to the Office of the Director of
p.(None):
p.(None):
p.(None): 118 STAT. 3656 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): National Intelligence under section 1091 of the National Security Intelligence Reform Act of 2004.
p.(None): ‘‘(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF
p.(None):
p.(None): Effective date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President. Congress.
p.(None): 50 USC 403–3a.
p.(None): INTELLIGENCE COMMUNITY.—Commencing as of October 1, 2008, the Office of the Director of National
p.(None): Intelligence may not be co-located with any other element of the intelligence community.
...
p.(None): national security experience and management expertise.
p.(None): ‘‘(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so
p.(None): serving, serve in any capacity in any other element of the intelligence community.
p.(None): ‘‘(5) The Principal Deputy Director of National Intelligence shall assist the Director of National
p.(None): Intelligence in carrying out the duties and responsibilities of the Director.
p.(None): ‘‘(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of,
p.(None): the Director of National Intelligence during the absence or disability of the Director of National
p.(None): Intelligence or during a vacancy in the position of Director of National Intelligence.
p.(None): ‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) There
p.(None): may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of
p.(None): National Intelligence. ‘‘(2) Each Deputy Director of National Intelligence appointed under this subsection
p.(None): shall have such duties, responsibilities, and authorities as the Director of National Intelligence may
p.(None): assign
p.(None): or are specified by law.
p.(None): ‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
p.(None): INTELLIGENCE.—
p.(None): (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a
p.(None): commissioned officer of the Armed Forces in active status.
p.(None): ‘‘(2) The positions referred to in this paragraph are the fol- lowing:
p.(None): ‘‘(A) The Director of National Intelligence.
p.(None): ‘‘(B) The Principal Deputy Director of National Intelligence. ‘‘(3) It is the sense of Congress that,
p.(None): under ordinary cir- cumstances, it is desirable that one of the individuals serving in
p.(None): the positions specified in paragraph (2)—
p.(None): ‘‘(A) be a commissioned officer of the Armed Forces, in active status; or
p.(None): ‘‘(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
p.(None): ‘‘(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3657
p.(None):
p.(None): ‘‘(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or
p.(None): employee of the Depart- ment of Defense;
p.(None): ‘‘(B) shall not exercise, by reason of the officer’s status as a commissioned officer, any supervision
p.(None): or control with respect to any of the military or civilian personnel of the Department of Defense except as
p.(None): otherwise authorized by law; and
p.(None):
p.(None): ‘‘(C) shall not be counted against the numbers and percent- ages of commissioned officers of the rank and grade
p.(None): of such officer authorized for the military department of that officer. ‘‘(5) Except as provided in
p.(None): subparagraph (A) or (B) of paragraph
p.(None): (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect
p.(None): the status, position, rank, or grade of such officer in the Armed Forces, or any emolu- ment,
p.(None): perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
p.(None): ‘‘(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position
p.(None): specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to
p.(None): receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which
p.(None): such pay and allowances are paid shall be reimbursed from funds available to the Director of National
p.(None): Intelligence.
p.(None): ‘‘NATIONAL INTELLIGENCE COUNCIL
p.(None): ‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is
p.(None): a National Intelligence Council.
p.(None): ‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall be composed of senior analysts within the
p.(None): intelligence community and substantive experts from the public and private sector, who shall be appointed
p.(None): by, report to, and serve at the pleasure of, the Director of National Intelligence.
p.(None): ‘‘(2) The Director shall prescribe appropriate security require- ments for personnel appointed from the private
p.(None): sector as a condition of service on the Council, or as contractors of the Council or employees of such
p.(None): contractors, to ensure the protection of intel- ligence sources and methods while avoiding, wherever
p.(None): possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
p.(None): ‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intel-
p.(None): ligence Council shall—
p.(None): ‘‘(A) produce national intelligence estimates for the United States Government, including alternative views held
...
p.(None): with the intelligence community.
p.(None): ‘‘(h) SUPPORT.—The heads of the elements of the intelligence community shall, as appropriate, furnish
p.(None): such support to the National Intelligence Council, including the preparation of intel- ligence analyses,
p.(None): as may be required by the Director of National Intelligence.
p.(None): ‘‘(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes
p.(None): of this section, the term ‘National Intelligence Council product’ includes a National Intelligence Estimate and
p.(None): any other intelligence community assessment that sets forth the judgment of the intel- ligence community as a
p.(None): whole on a matter covered by such product.
p.(None): ‘‘GENERAL COUNSEL
p.(None):
p.(None):
p.(None): President. Congress.
p.(None): 50 USC 403–3c.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Government organization.
p.(None): 50 USC 403–3d.
p.(None): ‘‘SEC. 103C. (a) GENERAL COUNSEL.—There is a General Counsel of the Office of the Director of
p.(None): National Intelligence who shall be appointed by the President, by and with the advice and consent of the
p.(None): Senate.
p.(None): ‘‘(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF
p.(None): ANOTHER AGENCY.—The individual serving in the position of Gen- eral Counsel may not, while so serving,
p.(None): also serve as the General Counsel of any other department, agency, or element of the United States Government.
p.(None): ‘‘(c) SCOPE OF POSITION.—The General Counsel is the chief legal officer of the Office of the Director
p.(None): of National Intelligence. ‘‘(d) FUNCTIONS.—The General Counsel shall perform such func-
p.(None): tions as the Director of National Intelligence may prescribe.
p.(None): ‘‘CIVIL LIBERTIES PROTECTION OFFICER
p.(None): ‘‘SEC. 103D. (a) CIVIL LIBERTIES PROTECTION OFFICER.—(1)
p.(None): Within the Office of the Director of National Intelligence, there is a Civil Liberties Protection Officer
p.(None): who shall be appointed by the Director of National Intelligence.
p.(None): ‘‘(2) The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.
p.(None): ‘‘(b) DUTIES.—The Civil Liberties Protection Officer shall—
p.(None): ‘‘(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and
p.(None): procedures
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3659
p.(None):
p.(None):
p.(None): developed for and implemented by the Office of the Director of National Intelligence and the elements of
p.(None): the intelligence community within the National Intelligence Program;
p.(None): ‘‘(2) oversee compliance by the Office and the Director of National Intelligence with requirements under the
p.(None): Constitu- tion and all laws, regulations, Executive orders, and imple- menting guidelines relating to civil
p.(None): liberties and privacy;
p.(None): ‘‘(3) review and assess complaints and other information indicating possible abuses of civil liberties and
p.(None): privacy in the administration of the programs and operations of the Office and the Director of National
p.(None): Intelligence and, as appropriate, investigate any such complaint or information;
p.(None): ‘‘(4) ensure that the use of technologies sustain, and do not erode, privacy protections relating to the
p.(None): use, collection, and disclosure of personal information;
p.(None): ‘‘(5) ensure that personal information contained in a system of records subject to section 552a of title 5,
p.(None): United States Code (popularly referred to as the ‘Privacy Act’), is handled in full compliance with fair
p.(None): information practices as set out in that section;
p.(None): ‘‘(6) conduct privacy impact assessments when appropriate or as required by law; and
p.(None): ‘‘(7) perform such other duties as may be prescribed by the Director of National Intelligence or specified by
p.(None): law.
p.(None): ‘‘(c) USE OF AGENCY INSPECTORS GENERAL.—When appropriate,
p.(None): the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having
p.(None): responsibility for the affected element of the department or agency of the intelligence community to conduct an
p.(None): investigation under paragraph (3) of subsection (b).
p.(None): ‘‘DIRECTOR OF SCIENCE AND TECHNOLOGY
p.(None): ‘‘SEC. 103E. (a) DIRECTOR OF SCIENCE AND TECHNOLOGY.—
p.(None): There is a Director of Science and Technology within the Office of the Director of National Intelligence
p.(None): who shall be appointed by the Director of National Intelligence.
p.(None): ‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual
p.(None): appointed as Director of Science and Technology shall have a profes- sional background and experience appropriate
p.(None): for the duties of the Director of Science and Technology.
p.(None): ‘‘(c) DUTIES.—The Director of Science and Technology shall— ‘‘(1) act as the chief representative of
p.(None): the Director of
p.(None): National Intelligence for science and technology;
p.(None): ‘‘(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d);
p.(None): ‘‘(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
p.(None): ‘‘(4) assist the Director on the science and technology ele- ments of the budget of the Office of the
p.(None): Director of National Intelligence; and
p.(None): ‘‘(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by
p.(None): law.
p.(None): ‘‘(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECH-
p.(None): NOLOGY COMMITTEE.—(1) There is within the Office of the Director of Science and Technology a Director of
p.(None): National Intelligence Science and Technology Committee.
...
p.(None): Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security
p.(None): functions;
p.(None): ‘‘(2) correlate and evaluate intelligence related to the national security and provide appropriate
p.(None): dissemination of such intelligence;
p.(None): ‘‘(3) provide overall direction for and coordination of the collection of national intelligence outside
p.(None): the United States through human sources by elements of the intelligence commu- nity authorized to undertake such
p.(None): collection and, in coordina- tion with other departments, agencies, or elements of the United
p.(None): States Government which are authorized to undertake such collection, ensure that the most effective use
p.(None): is made of resources and that appropriate account is taken of the risks
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3661
p.(None):
p.(None): to the United States and those involved in such collection; and
p.(None):
p.(None): ‘‘(4) perform such other functions and duties related to intelligence affecting the national security as
p.(None): the President or the Director of National Intelligence may direct.
p.(None): ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—(1)
p.(None): Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may,
p.(None): in the discretion of the Director, terminate the employment of any officer or employee of the
p.(None): Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee
p.(None): necessary or advisable in the interests of the United States.
p.(None): ‘‘(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the
p.(None): right of the officer or employee to seek or accept employment in any other department, agency, or
p.(None): element of the United States Government if declared eligible for such employment by the Office of
p.(None): Personnel Manage- ment.
p.(None): ‘‘(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the Director of National Intelligence and in a manner consistent with section 207 of the
p.(None): Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of the Central Intelligence Agency shall
p.(None): coordinate the relationships between elements of the intel- ligence community and the intelligence or
p.(None): security services of for- eign governments or international organizations on all matters involving
p.(None): intelligence related to the national security or involving intelligence acquired through clandestine means.’’.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the human intelligence officers of the intelligence community have performed admirably and
p.(None): honorably in the face of great personal dangers;
p.(None): (2) during an extended period of unprecedented investment and improvements in technical collection means, the
p.(None): human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
p.(None): (3) human intelligence is becoming an increasingly impor- tant capability to provide information on
p.(None): the asymmetric threats to the national security of the United States;
p.(None): (4) the continued development and improvement of a robust and empowered and flexible human intelligence work
p.(None): force is critical to identifying, understanding, and countering the plans and intentions of the adversaries
p.(None): of the United States; and
...
p.(None): ensure that privacy and civil liberties are protected; and
p.(None): (B) the information sharing practices of the depart- ments, agencies, and elements of the executive
p.(None): branch to determine whether or not such practices appropriately pro- tect privacy and civil liberties and adhere
p.(None): to the informa- tion sharing guidelines under subsections (d) and (f) of section 1016 and to other
p.(None): applicable laws, regulations, and executive branch policies regarding the protection of pri- vacy and civil
p.(None): liberties.
p.(None): (3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are
p.(None): appropriately consid- ered in the implementation of laws, regulations, and executive branch policies related to
p.(None): efforts to protect the Nation against terrorism.
p.(None): (4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report
p.(None): to Congress, unclassified to the greatest extent possible (with a classified annex, if necessary), on the
p.(None): Board’s major activities during the preceding period.
p.(None): (d) ACCESS TO INFORMATION.—
p.(None): (1) AUTHORIZATION.—If determined by the Board to be nec- essary to carry out its responsibilities under this
p.(None): section, the Board is authorized, to the extent permitted by law, to—
p.(None): (A) have access from any department or agency of the executive branch, or any Federal officer or
p.(None): employee of any such department or agency, to all relevant records, reports, audits, reviews, documents, papers,
p.(None): recommenda- tions, or other relevant material, including classified information consistent with applicable
p.(None): law;
p.(None):
p.(None):
p.(None): 118 STAT. 3686 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (B) interview or take statements from officers of any department or agency of the executive branch;
p.(None): (C) request information or assistance from any State, tribal, or local government; and
p.(None): (D)(i) request that persons (other than departments, agencies, and elements of the executive branch)
p.(None): produce for the Board relevant information, documents, reports, answers, records, accounts, papers, and other
p.(None): documentary and testimonial evidence; and
p.(None):
p.(None): Deadline. Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None): President. Congress.
p.(None): (ii) if the person to whom such a request is directed does not comply with the request within 45 days of
p.(None): receipt of such request, notify the Attorney General of such per- son’s failure to comply with such
p.(None): request, which notice shall include all relevant information.
p.(None): (2) PRODUCTION OF INFORMATION AND EVIDENCE.—
...
p.(None): the Board.
p.(None): (B) CERTAIN INFORMATION.—If the Attorney General determines that it is necessary to withhold information
p.(None): requested under paragraph (3) from disclosure to protect sensitive law enforcement or counterterrorism
p.(None): information or ongoing operations, the head of the department or agency concerned shall not furnish such information to
p.(None): the Board.
p.(None): (e) MEMBERSHIP.—
p.(None): (1) MEMBERS.—
p.(None): (A) IN GENERAL.—The Board shall be composed of a chairman, a vice chairman, and three additional members
p.(None): appointed by the President.
p.(None): (B) CHAIRMAN AND VICE CHAIRMAN.—The chairman and vice chairman shall each be appointed by the President, by and
p.(None): with the advice and consent of the Senate.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3687
p.(None):
p.(None): (C) APPOINTMENT REQUIREMENTS.—Any individual appointed to the Board shall be appointed from among
p.(None): trustworthy and distinguished citizens outside the Federal Government who are qualified on the basis of achievement,
p.(None): experience, and independence.
p.(None): (D) FULL-TIME SERVICE OF CHAIRMAN.—The chairman may serve on a full-time basis.
p.(None): (E) SERVICE AT PLEASURE OF PRESIDENT.—The chair- man, vice chairman, and other members of the Board shall each
p.(None): serve at the pleasure of the President.
p.(None): (2) INCOMPATIBLE OFFICE.—An individual appointed to the Board may not, while serving on the Board, be an
p.(None): elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the
p.(None): Board.
p.(None): (3) QUORUM AND MEETINGS.—The Board shall meet upon the call of the chairman or a majority of its
p.(None): members. Three members of the Board shall constitute a quorum.
p.(None): (f) COMPENSATION AND TRAVEL EXPENSES.—
p.(None): (1) COMPENSATION.—
p.(None): (A) CHAIRMAN ON FULL-TIME BASIS.—If the chairman serves on a full-time basis, the rate of pay for the chairman
p.(None): shall be the annual rate of basic pay in effect for a position at level III of the Executive Schedule under
p.(None): section 5314 of title 5, United States Code.
p.(None): (B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME BASIS.—The chairman, if serving on a part-time basis, and
p.(None): the vice chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of
p.(None): basic pay in effect for a position at level III of the Executive Schedule under section 5314 of title 5, United States
p.(None): Code, for each day during which such official is engaged in the actual performance of the duties of the Board.
p.(None): (C) MEMBERS.—Each member of the Board shall be compensated at a rate equal to the daily equivalent of
p.(None): the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under
p.(None): section 5315 of title 5, United States Code, for each day during which that member is engaged in the
p.(None): actual performance of the duties of the Board.
p.(None): (2) TRAVEL EXPENSES.—Members of the Board shall be allowed travel expenses, including per diem in lieu
...
p.(None): interruption.
p.(None): (3) CONSULTANT SERVICES.—The Board may procure the temporary or intermittent services of experts and
p.(None): consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the
p.(None): daily rate paid a person occu- pying a position at level IV of the Executive Schedule under section 5315
p.(None): of such title.
p.(None): (h) SECURITY CLEARANCES.—The appropriate departments and agencies of the executive branch shall cooperate
p.(None): with the Board to expeditiously provide Board members and staff with appropriate security clearances to the
p.(None): extent possible under applicable proce- dures and requirements. Promptly upon commencing its work, the
p.(None): Board shall adopt, after consultation with the Secretary of Defense, the Attorney General, and the National
p.(None): Intelligence Director, rules and procedures of the Board for physical, communications, com- puter, document,
p.(None): personnel, and other security in relation to the work of the Board.
p.(None): (i) APPLICABILITY OF CERTAIN LAWS.—
p.(None): (1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not
p.(None): apply with respect to the Board and its activities.
p.(None): (2) FREEDOM OF INFORMATION ACT.—For purposes of the Freedom of Information Act, the Board shall be
p.(None): treated as an agency (as that term is defined in section 551(1) of title 5, United States Code).
p.(None): (j) CONSTRUCTION.—Except as otherwise provided in this sec- tion, nothing in this section shall be
p.(None): construed to require any consultation with the Board by any department or agency of the executive branch
p.(None): or any Federal officer or employee, or any waiting period that must be observed by any department or agency
p.(None): of the executive branch or any Federal officer or employee, before developing, proposing, or implementing any
p.(None): legislation, law, regula- tion, policy, or guideline related to efforts to protect the Nation from terrorism.
p.(None): (k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform its functions within the executive branch
p.(None): and under the general supervision of the President.
p.(None): (l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary
p.(None): to carry out this section.
p.(None): SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL LIBERTIES OFFICERS.
p.(None): It is the sense of Congress that each executive department or agency with law enforcement or
p.(None): antiterrorism functions should designate a privacy and civil liberties officer.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): 118 STAT. 3689
p.(None):
p.(None): SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR
p.(None): OF THE CENTRAL INTELLIGENCE AGENCY.
p.(None): (a) NATIONAL SECURITY ACT OF 1947.—(1) The National Secu- rity Act of 1947 (50 U.S.C. 401 et seq.)
p.(None): is amended by striking ‘‘Director of Central Intelligence’’ each place it appears in the fol- lowing
p.(None): provisions and inserting ‘‘Director of National Intelligence’’:
p.(None): (A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
p.(None): (B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
p.(None): (C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)). (D) Section 101(j) (50 U.S.C. 402(j)).
p.(None): (E) Section 105(a) (50 U.S.C. 403–5(a)).
p.(None): (F) Section 105(b)(6)(A) (50 U.S.C. 403–5(b)(6)(A)).
p.(None): (G) Section 105B(a)(1) (50 U.S.C. 403–5b(a)(1)).
p.(None): (H) Section 105B(b) (50 U.S.C. 403–5b(b)), the first place it appears.
p.(None): (I) Section 110(b) (50 U.S.C. 404e(b)).
p.(None): (J) Section 110(c) (50 U.S.C. 404e(c)).
p.(None): (K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
p.(None): (L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
p.(None): (M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
p.(None): (N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
p.(None): (O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
p.(None): (P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
p.(None): (Q) Section 115(b) (50 U.S.C. 404j(b)).
p.(None): (R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)). (S) Section 116(a) (50 U.S.C. 404k(a)).
p.(None): (T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
p.(None): (U) Section 303(a) (50 U.S.C. 405(a)), both places it appears. (V) Section 501(d) (50 U.S.C. 413(d)).
...
p.(None): (i) in subsection (a), by striking ‘‘National Foreign Intel- ligence Program’’ and inserting ‘‘National
p.(None): Intelligence Pro- gram’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
p.(None): (B) Section 105 of that Act (50 U.S.C. 403–5) is amended—
p.(None): (i) in paragraphs (2) and (3) of subsection (a), by striking ‘‘National Foreign Intelligence
p.(None): Program’’ and inserting ‘‘National Intelligence Program’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
p.(None): (2) Section 17(f) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(f)) is amended by striking ‘‘National
p.(None): Foreign Intel- ligence Program’’ and inserting ‘‘National Intelligence Program’’.
p.(None): SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
p.(None): Section 111 of the National Security Act of 1947 (50 U.S.C.
p.(None): 404f) is repealed.
p.(None): SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
p.(None): The table of contents in the first section of the National Security Act of 1947 is amended—
p.(None): (1) by striking the items relating to sections 102 through 105 and inserting the following new items:
p.(None): ‘‘Sec. 101A. Joint Intelligence Community Council. ‘‘Sec. 102. Director of National Intelligence.
p.(None): ‘‘Sec. 102A. Responsibilities and authorities of the Director of National Intelligence. ‘‘Sec. 103. Office of the
p.(None): Director of National Intelligence.
p.(None): ‘‘Sec. 103A. Deputy Directors of National Intelligence. ‘‘Sec. 103B. National Intelligence Council.
p.(None): ‘‘Sec. 103C. General Counsel.
p.(None): ‘‘Sec. 103D. Civil Liberties Protection Officer. ‘‘Sec. 103E. Director of Science and Technology.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3695
p.(None):
p.(None): ‘‘Sec. 103F. National Counterintelligence Executive. ‘‘Sec. 104. Central Intelligence Agency.
p.(None): ‘‘Sec. 104A. Director of the Central Intelligence Agency.
p.(None): ‘‘Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence
p.(None): Program.’’;
p.(None): (2) by striking the item relating to section 111;
p.(None): (3) by striking the item relating to section 114 and inserting the following new item:
p.(None): ‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’;
p.(None): (4) by inserting after the item relating to section 118 the following new items:
p.(None): ‘‘Sec. 119. National Counterterrorism Center. ‘‘Sec. 119A. National Counter Proliferation Center. ‘‘Sec. 119B.
p.(None): National intelligence centers.
p.(None): (5) by striking the item relating to section 506 and inserting the following new item:
p.(None): ‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for counterterrorism,
p.(None): counterproliferation, counternarcotics, and counter- intelligence.’’;
p.(None):
p.(None): and
p.(None):
p.(None): (6) by inserting after the item relating to section 1001
p.(None): the following new items:
p.(None): ‘‘Sec. 1002. Framework for cross-disciplinary education and training. ‘‘Sec. 1003. Intelligence Community
p.(None): Scholarship Program.’’.
p.(None): SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE
p.(None): CENTRAL INTELLIGENCE AGENCY.
p.(None): Section 1 of the Central Intelligence Agency Act of 1949 (50
...
p.(None): in criminal justice matters and in national intelligence matters.
p.(None): (4) The Director shall—
p.(None): (A) establish career positions in national intelligence mat- ters for agents, analysts, and related personnel of
p.(None): the Bureau; and
p.(None): (B) in furtherance of the requirement under subparagraph
p.(None): (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau
p.(None): the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their
p.(None): entire career with the Bureau.
p.(None): (5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain
p.(None): individuals with back- grounds in intelligence, international relations, language, tech- nology, and
p.(None): other skills relevant to the intelligence mission of the Bureau.
p.(None): (6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and
p.(None): career opportunities commensurate with the training and career opportunities afforded analysts in other elements
p.(None): of the intelligence community.
p.(None): (7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of
p.(None): a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in
p.(None): Charge (ASAC) level and above, shall be a certified intelligence officer.
p.(None): (8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of
p.(None): advanced training courses, and of one or more assignments to another element of the intel- ligence
p.(None): community, is a precondition to advancement to higher level intelligence assignments within the Bureau.
p.(None): (d) FIELD OFFICE MATTERS.—(1) In improving the intelligence capabilities of the Federal Bureau of Investigation
p.(None): under subsection (b), the Director of the Federal Bureau of Investigation shall ensure that each Field Intelligence
p.(None): Group reports directly to a field office senior manager responsible for intelligence matters.
p.(None): (2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is
p.(None): necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.
p.(None): (3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents,
p.(None): linguists, and surveillance personnel in the field.
p.(None): (e) DISCHARGE OF IMPROVEMENTS.—(1) The Director of the Fed- eral Bureau of Investigation shall carry out
p.(None): subsections (b) through
p.(None): (d) through the head of the Directorate of Intelligence of the Federal Bureau of Investigation.
p.(None): (2) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d)
p.(None): under the joint guidance of the Attorney General and the National Intelligence Director in a manner
p.(None): consistent with section 112(e).
p.(None): (f) BUDGET MATTERS.—The Director of the Federal Bureau of Investigation shall, establish a budget
...
p.(None): (Transpor- tation Security Administration) in consultation with representa- tives of the aviation industry, the
p.(None): biometric identifier industry,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3713
p.(None):
p.(None):
p.(None): and the National Institute of Standards and Technology, shall establish, at a minimum—
p.(None): ‘‘(A) comprehensive technical and operational system requirements and performance standards for the use of
p.(None): biometric identifier technology in airport access control sys- tems (including airport perimeter access control
p.(None): systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
p.(None): ‘‘(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
p.(None): ‘‘(C) procedures for implementing biometric identifier
p.(None): systems—
p.(None): ‘‘(i) to ensure that individuals do not use an assumed identity to enroll in a biometric
p.(None): identifier system; and
p.(None): ‘‘(ii) to resolve failures to enroll, false matches, and false non-matches; and
p.(None): ‘‘(D) best practices for incorporating biometric identifier technology into airport access control systems in
p.(None): the most effective manner, including a process to best utilize existing airport access control systems,
p.(None): facilities, and equipment and existing data networks connecting airports.
p.(None): ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL.—
p.(None): ‘‘(A) IN GENERAL.—Not later than 120 days after the date of enactment of this paragraph, the Assistant
p.(None): Sec- retary, in consultation with the Attorney General, shall— ‘‘(i) establish a law enforcement
p.(None): officer travel credential that incorporates biometric identifier tech- nology and is uniform across all
p.(None): Federal, State, local, tribal, and territorial government law enforcement
p.(None): agencies;
p.(None): ‘‘(ii) establish a process by which the travel creden- tial will be used to verify the identity of a Federal,
p.(None): State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board an aircraft, without
p.(None): unnecessarily disclosing to the public that the indi- vidual is a law enforcement officer;
p.(None): ‘‘(iii) establish procedures—
p.(None): ‘‘(I) to ensure that only Federal, State, local, tribal, and territorial government law enforcement officers are
p.(None): issued a law enforcement travel creden- tial;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None): ‘‘(II) to resolve failures to enroll, false matches, and false non-matches relating to use of the law
p.(None): enforcement travel credential; and
p.(None): ‘‘(III) to invalidate any law enforcement travel credential that is lost, stolen, or no longer author- ized for use;
p.(None): ‘‘(iv) begin issuance of the travel credential to each Federal, State, local, tribal, or territorial government
p.(None): law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and ‘‘(v)
p.(None): take such other actions with respect to the travel credential as the Assistant Secretary considers
p.(None): appropriate.
p.(None):
p.(None):
p.(None): 118 STAT. 3714 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(B) FUNDING.—There is authorized to be appropriated such sums as may be necessary to carry out this paragraph. ‘‘(7)
p.(None): DEFINITIONS.—In this subsection, the following defini-
p.(None): tions apply:
p.(None): ‘‘(A) BIOMETRIC IDENTIFIER INFORMATION.—The term
p.(None): ‘biometric identifier information’ means the distinct phys- ical or behavioral characteristics of an
p.(None): individual that are used for unique identification, or verification of the identity, of an individual.
p.(None): ‘‘(B) BIOMETRIC IDENTIFIER.—The term ‘biometric identifier’ means a technology that enables the automated
p.(None): identification, or verification of the identity, of an individual based on biometric information.
p.(None): ‘‘(C) FAILURE TO ENROLL.—The term ‘failure to enroll’ means the inability of an individual to enroll in a
p.(None): biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body
p.(None): part necessary to provide the biometric sample, a system design that makes it difficult to provide
p.(None): consistent biometric identifier information, or other factors.
p.(None): ‘‘(D) FALSE MATCH.—The term ‘false match’ means the incorrect matching of one individual’s biometric identifier
p.(None): information to another individual’s biometric identifier information by a biometric identifier system.
p.(None): ‘‘(E) FALSE NON-MATCH.—The term ‘false non-match’ means the rejection of a valid identity by a biometric identi-
p.(None): fier system.
...
p.(None): Federal Government before departure of the flight.
p.(None): ‘‘(B) APPEAL PROCEDURES.—
p.(None): ‘‘(i) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair process for
p.(None): individuals identified as a threat under subparagraph
p.(None): (A) to appeal to the Department of Homeland Security the determination and correct any erroneous informa- tion.
p.(None): ‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Secretary will
p.(None): be able to maintain a record of air passengers and other individuals who have been misidentified and have
p.(None): corrected erroneous information. To prevent repeated delays of misidentified passengers and other
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3718 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): individuals, the Department of Homeland Security record shall contain information determined by the
p.(None): Secretary to authenticate the identity of such a pas- senger or individual.’’.
p.(None): (b) REPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES.—
p.(None): (1) REQUIREMENT FOR REPORT.—Not later than 180 days after the date of the enactment of this Act, the Security
p.(None): Privacy Officer of the Department of Homeland Security shall submit a report assessing the impact of the
p.(None): automatic selectee and no fly lists on privacy and civil liberties to the Committee on the Judiciary,
p.(None): the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science,
p.(None): and Transportation of the Senate and the Committee on the Judiciary, the Committee on Government Reform,
p.(None): the Committee on Transportation and Infrastructure, and the Select Committee on Homeland Security of
p.(None): the House of Rep- resentatives.
p.(None): (2) CONTENT.—The report submitted under paragraph (1) shall include—
p.(None): (A) any recommendations for practices, procedures, regulations, or legislation that the Security Privacy
p.(None): Officer considers necessary to minimize adverse effects of auto- matic selectee and no fly lists on
p.(None): privacy, discrimination, due process, and other civil liberties;
p.(None): (B) a discussion of the implications of applying those lists to other modes of transportation; and
p.(None): (C) the effect that implementation of the recommenda- tions would have on the effectiveness of the use of
p.(None): such lists to protect the United States against terrorist attacks.
p.(None):
p.(None): Public information.
p.(None): (3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information
p.(None): and classi- fied information, and the administration of applicable law, the report shall be submitted in
p.(None): unclassified form and shall be available to the public. The report may contain a classified annex if
p.(None): necessary.
p.(None): (c) REPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH LIST.—
p.(None): (1) IN GENERAL.—Within 180 days after the date of enact- ment of this Act, the Director of National
p.(None): Intelligence, in con- sultation with the Secretary of Homeland Security, the Secretary of State, and
p.(None): the Attorney General, shall submit to Congress a report on the Terrorist Screening Center consoli- dated screening
p.(None): watch list.
p.(None): (2) CONTENTS.—The report shall include—
p.(None): (A) the criteria for placing the name of an individual on the watch list;
p.(None): (B) the minimum standards for reliability and accuracy of identifying information;
...
p.(None): year.
p.(None): SEC. 5204. INCREASE IN DETENTION BED SPACE.
p.(None): (a) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary of Homeland Security
p.(None): shall increase by not less than 8,000, in each of the fiscal years 2006 through 2010, the number of beds
p.(None): available for immigration detention and removal operations of the Department of Homeland Security above the
p.(None): number for which funds were allotted for the preceding fiscal year.
p.(None): (b) PRIORITY.—The Secretary shall give priority for the use of these additional beds to the detention of
p.(None): individuals charged with removability under section 237(a)(4) of the Immigration and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3735
p.(None):
p.(None): 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)).
p.(None): Subtitle C—Visa Requirements
p.(None): SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
p.(None): (a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1202) is amended by adding at the end the following new subsection:
p.(None): ‘‘(h) Notwithstanding any other provision of this Act, the Sec- retary of State shall require every
p.(None): alien applying for a non- immigrant visa—
p.(None): ‘‘(1) who is at least 14 years of age and not more than
p.(None): 79 years of age to submit to an in person interview with a consular officer unless the requirement for
p.(None): such interview is waived—
p.(None): ‘‘(A) by a consular official and such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent
p.(None): thereof;
p.(None): ‘‘(B) by a consular official and such alien is applying for a visa—
p.(None): ‘‘(i) not more than 12 months after the date on which such alien’s prior visa expired;
p.(None): ‘‘(ii) for the visa classification for which such prior visa was issued;
p.(None): ‘‘(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise pre-
p.(None): scribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a
p.(None): national; and
p.(None): ‘‘(iv) the consular officer has no indication that such alien has not complied with the immigration laws and
p.(None): regulations of the United States; or
p.(None): ‘‘(C) by the Secretary of State if the Secretary deter- mines that such waiver is—
p.(None): ‘‘(i) in the national interest of the United States;
p.(None): or
p.(None): ‘‘(ii) necessary as a result of unusual or emergent
p.(None): circumstances; and
p.(None): ‘‘(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien—
p.(None): ‘‘(A) is not a national or resident of the country in which such alien is applying for a visa;
p.(None): ‘‘(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
p.(None): ‘‘(C) is listed in the Consular Lookout and Support System (or successor system at the Department of
p.(None): State); ‘‘(D) is a national of a country officially designated
p.(None): by the Secretary of State as a state sponsor of terrorism,
p.(None):
p.(None):
p.(None): 118 STAT. 3736 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): except such nationals who possess nationalities of countries that are not designated as state sponsors of
p.(None): terrorism; ‘‘(E) requires a security advisory opinion or other
p.(None): Department of State clearance, unless such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
p.(None): ‘‘(F) is identified as a member of a group or sector that the Secretary of State determines—
p.(None): ‘‘(i) poses a substantial risk of submitting inac- curate information in order to obtain a visa;
p.(None): ‘‘(ii) has historically had visa applications denied at a rate that is higher than the average rate of such
p.(None): denials; or
...
p.(None): to agencies, and monitoring the implementation of policy and operations;
p.(None): (D) the effectiveness and efficiency of efforts to protect the critical infrastructure of the United States
p.(None): financial system, and ways to improve the effectiveness of financial institutions;
p.(None): (E) ways to improve multilateral and international governmental cooperation on terrorist financing,
p.(None): including the adequacy of agency coordination within the United States related to participating in international
p.(None): cooperative efforts and implementing international treaties and com- pacts; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3751
p.(None):
p.(None):
p.(None): (F) ways to improve the setting of priorities and coordination of United States efforts to
p.(None): detect, track, dis- rupt, and stop terrorist financing, including recommenda- tions for changes in executive
p.(None): branch organization or proce- dures, legislative reforms, additional resources, or use of appropriated funds.
p.(None): (b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND THRIFT EXAMINERS.—Section 10 of the Federal
p.(None): Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following: ‘‘(k) ONE-YEAR
p.(None): RESTRICTIONS ON FEDERAL EXAMINERS OF
p.(None): FINANCIAL INSTITUTIONS.—
p.(None): ‘‘(1) IN GENERAL.—In addition to other applicable restric- tions set forth in title 18, United States
p.(None): Code, the penalties set forth in paragraph (6) of this subsection shall apply to any person who—
p.(None): ‘‘(A) was an officer or employee (including any special Government employee) of a Federal banking agency
p.(None): or a Federal reserve bank;
p.(None): ‘‘(B) served 2 or more months during the final 12 months of his or her employment with such agency or
p.(None): entity as the senior examiner (or a functionally equivalent position) of a depository institution or depository
p.(None): institution holding company with continuing, broad responsibility for the examination (or inspection) of
p.(None): that depository institu- tion or depository institution holding company on behalf of the relevant agency or
p.(None): Federal reserve bank; and
p.(None): ‘‘(C) within 1 year after the termination date of his or her service or employment with such agency or
p.(None): entity, knowingly accepts compensation as an employee, officer, director, or consultant from—
p.(None): ‘‘(i) such depository institution, any depository institution holding company that controls such deposi- tory
p.(None): institution, or any other company that controls such depository institution; or
p.(None): ‘‘(ii) such depository institution holding company or any depository institution that is controlled by such
p.(None): depository institution holding company.
p.(None): ‘‘(2) DEFINITIONS.—For purposes of this subsection—
p.(None): ‘‘(A) the term ‘depository institution’ includes an unin- sured branch or agency of a foreign bank, if such
p.(None): branch or agency is located in any State; and
p.(None): ‘‘(B) the term ‘depository institution holding company’ includes any foreign bank or company described in section
p.(None): 8(a) of the International Banking Act of 1978.
p.(None): ‘‘(3) RULES OF CONSTRUCTION.—For purposes of this sub- section, a foreign bank shall be deemed to
p.(None): control any branch or agency of the foreign bank, and a person shall be deemed to act as a consultant
p.(None): for a depository institution, depository institution holding company, or other company, only if such person
p.(None): directly works on matters for, or on behalf of, such depository institution, depository institution
p.(None): holding company, or other company.
p.(None): ‘‘(4) REGULATIONS.—
p.(None): ‘‘(A) IN GENERAL.—Each Federal banking agency shall prescribe rules or regulations to administer and carry out
p.(None): this subsection, including rules, regulations, or guidelines
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None):
p.(None):
p.(None): 118 STAT. 3752 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): to define the scope of persons referred to in paragraph (1)(B).
p.(None): ‘‘(B) CONSULTATION REQUIRED.—The Federal banking agencies shall consult with each other for the purpose of
p.(None): assuring that the rules and regulations issued by the agencies under subparagraph (A) are, to the extent
p.(None): possible, consistent, comparable, and practicable, taking into account any differences in the supervisory programs
p.(None): utilized by the agencies for the supervision of depository institutions and depository institution holding
p.(None): companies.
p.(None): ‘‘(5) WAIVER.—
p.(None): ‘‘(A) AGENCY AUTHORITY.—A Federal banking agency may grant a waiver, on a case by case basis, of the restric- tion
p.(None): imposed by this subsection to any officer or employee (including any special Government employee) of that
p.(None): agency, and the Board of Governors of the Federal Reserve System may grant a waiver of the restriction imposed
p.(None): by this subsection to any officer or employee of a Federal reserve bank, if the head of such agency certifies
p.(None): in writing that granting the waiver would not affect the integrity of the supervisory program of the relevant
p.(None): Federal banking agency.
p.(None): ‘‘(B) DEFINITION.—For purposes of this paragraph, the head of an agency is—
p.(None): ‘‘(i) the Comptroller of the Currency, in the case of the Office of the Comptroller of the Currency;
p.(None): ‘‘(ii) the Chairman of the Board of Governors of the Federal Reserve System, in the case of the Board
p.(None): of Governors of the Federal Reserve System;
p.(None): ‘‘(iii) the Chairperson of the Board of Directors, in the case of the Corporation; and
p.(None): ‘‘(iv) the Director of the Office of Thrift Super- vision, in the case of the Office of Thrift
p.(None): Supervision.
p.(None): ‘‘(6) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever a Federal banking agency determines that a person subject to paragraph (1) has
p.(None): become associ- ated, in the manner described in paragraph (1)(C), with a depository institution, depository
p.(None): institution holding com- pany, or other company for which such agency serves as the appropriate Federal
p.(None): banking agency, the agency shall impose upon such person one or more of the following penalties:
p.(None):
p.(None): Notice.
p.(None): ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The Fed-
p.(None): eral banking agency shall serve a written notice or order in accordance with and subject to the provisions of
p.(None): section 8(e)(4) for written notices or orders under paragraph (1) or (2) of section 8(e), upon such
...
p.(None): court, impose on such person a civil monetary penalty of not more than $250,000. Any administrative pro- ceeding
p.(None): under this clause shall be conducted in accord- ance with section 8(i). In lieu of an action by the Federal
p.(None): banking agency under this clause, the Attorney General of the United States may bring a civil action under
p.(None): this clause in the appropriate United States district court.
p.(None): ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under subparagraph (A)(i) shall be sub-
p.(None): ject to paragraphs (6) and (7) of section 8(e) in the same manner and to the same extent as a person
p.(None): subject to an order issued under such section.
p.(None): ‘‘(C) DEFINITIONS.—Solely for purposes of this para- graph, the ‘appropriate Federal banking agency’ for a com-
p.(None): pany that is not a depository institution or depository institution holding company shall be the Federal
p.(None): banking agency on whose behalf the person described in paragraph
p.(None): (1) performed the functions described in paragraph (1)(B).’’.
p.(None): (c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION EXAMINERS.—Section 206 of the Federal Credit Union Act (12
p.(None): U.S.C. 1786) is amended by adding at the end the following:
p.(None): ‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
p.(None): INSURED CREDIT UNIONS.—
p.(None): ‘‘(1) IN GENERAL.—In addition to other applicable restric- tions set forth in title 18, United States
p.(None): Code, the penalties set forth in paragraph (5) of this subsection shall apply to any person who—
p.(None): ‘‘(A) was an officer or employee (including any special Government employee) of the Administration;
p.(None): ‘‘(B) served 2 or more months during the final 12 months of his or her employment with the Administration as
p.(None): the senior examiner (or a functionally equivalent posi- tion) of an insured credit union with continuing,
p.(None): broad responsibility for the examination (or inspection) of that insured credit union on behalf of the
p.(None): Administration; and ‘‘(C) within 1 year after the termination date of his
p.(None): or her service or employment with the Administration, knowingly accepts compensation as an employee,
p.(None): officer, director, or consultant from such insured credit union.
p.(None): ‘‘(2) RULE OF CONSTRUCTION.—For purposes of this sub- section, a person shall be deemed to act as a
p.(None): consultant for an insured credit union only if such person directly works on matters for, or on behalf
p.(None): of, such insured credit union.
p.(None): ‘‘(3) REGULATIONS.—
p.(None): ‘‘(A) IN GENERAL.—The Board shall prescribe rules or regulations to administer and carry out this
p.(None): subsection, including rules, regulations, or guidelines to define the scope of persons referred to in paragraph
p.(None): (1)(B).
p.(None): ‘‘(B) CONSULTATION.—In prescribing rules or regula- tions under this paragraph, the Board shall, to the extent
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None):
p.(None):
p.(None): 118 STAT. 3754 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): it deems necessary, consult with the Federal banking agen- cies (as defined in section 3 of the Federal
p.(None): Deposit Insur- ance Act) on regulations issued by such agencies in carrying out section 10(k) of the Federal
p.(None): Deposit Insurance Act. ‘‘(4) WAIVER.—The Board may grant a waiver, on a case
p.(None): by case basis, of the restriction imposed by this subsection to any officer or employee (including any
p.(None): special Government employee) of the Administration if the Chairman certifies in writing that granting the
p.(None): waiver would not affect the integrity of the supervisory program of the Administration.
p.(None): ‘‘(5) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever the Board determines that a person subject to paragraph (1) has become
p.(None): associated, in the manner described in paragraph (1)(C), with an insured credit union, the Board shall
p.(None): impose upon such person one or more of the following penalties:
p.(None):
p.(None): Notice.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 12 USC 1786
p.(None): note.
p.(None): ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The
p.(None): Board shall serve a written notice or order in accord- ance with and subject to the provisions of
p.(None): subsection (g)(4) for written notices or orders under paragraph
p.(None): (1) or (2) of subsection (g), upon such person of the intention of the Board—
p.(None): ‘‘(I) to remove such person from office or to prohibit such person from further participation in the conduct
p.(None): of the affairs of the insured credit union for a period of up to 5 years; and
...
p.(None): lieu of an action by the Board under this clause, the Attorney General of the United States may bring a civil
p.(None): action under this clause in the appropriate United States district court.
p.(None): ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under this subparagraph (A)(i)
p.(None): shall be subject to paragraphs (5) and (7) of subsection (g) in the same manner and to the same extent
p.(None): as a person subject to an order issued under subsection (g).’’.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding any other effective date established pursuant to this Act, subsection (a) shall
p.(None): become effec- tive on the date of enactment of this Act, and the amendments made by subsections (b) and
p.(None): (c) shall become effective at the end of the 12-month period beginning on the date of enactment of this
p.(None): Act, whether or not final regulations are issued in accordance with the amendments made by this section as of
p.(None): that date of enactment.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3755
p.(None):
p.(None): Subtitle E—Criminal History Background Checks
p.(None):
p.(None):
p.(None): SEC. 6401. PROTECT ACT.
p.(None): Public Law 108–21 is amended—
p.(None): (1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and inserting ‘‘a 30-month’’; and
p.(None): (2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and inserting ‘‘a 30-month’’.
p.(None): SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI- VATE SECURITY OFFICER EMPLOYMENT.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of
p.(None): 2004’’.
p.(None): (b) FINDINGS.—Congress finds that—
p.(None): (1) employment of private security officers in the United States is growing rapidly;
p.(None): (2) private security officers function as an adjunct to, but not a replacement for, public law
p.(None): enforcement by helping to reduce and prevent crime;
p.(None): (3) such private security officers protect individuals, prop- erty, and proprietary information, and
p.(None): provide protection to such diverse operations as banks, hospitals, research and development centers,
p.(None): manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power
p.(None): plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office
p.(None): complexes, schools, residential properties, apartment complexes, gated communities, and others;
p.(None): (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its
p.(None): public areas, and are supplemented by private security officers;
p.(None): (5) the threat of additional terrorist attacks requires cooperation between public and private
p.(None): sectors and demands professional, reliable, and responsible security officers for the protection of people,
p.(None): facilities, and institutions;
p.(None): (6) the trend in the Nation toward growth in such security services has accelerated rapidly;
p.(None): (7) such growth makes available more public sector law enforcement officers to combat serious and
p.(None): violent crimes, including terrorism;
p.(None): (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an
p.(None): adjunct to sworn law enforcement officers; and
p.(None): (9) private security officers and applicants for private secu- rity officer positions should be thoroughly screened and
p.(None): trained.
p.(None): (c) DEFINITIONS.—In this section:
p.(None): (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as
p.(None): a private security officer.
p.(None): (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that—
p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
p.(None): (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is
p.(None): to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform
p.(None): or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines
p.(None): by regu- lation that such exclusion would serve the public interest); but
p.(None): (B) does not include—
p.(None): (i) employees whose duties are primarily internal audit or credit functions;
p.(None): (ii) employees of electronic security system compa- nies acting as technicians or monitors; or
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
...
p.(None): (ii) ACCESS.—An authorized employer shall provide to the employee confidential access to any information relating to
p.(None): the employee received by the authorized employer pursuant to this Act.
p.(None): (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal
p.(None): history record information search from an authorized employer pursuant to this Act, submitted through the
p.(None): State identification bureau of a participating State, the Attorney General shall—
p.(None): (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal
p.(None): Bureau of Investigation; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757
p.(None):
p.(None):
p.(None): (ii) promptly provide any resulting identification and criminal history record information to the submit- ting
p.(None): State identification bureau requesting the information.
p.(None): (D) USE OF INFORMATION.—
p.(None): (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the
p.(None): State identification bureau, the information shall be used only as provided in clause (ii).
p.(None): (ii) TERMS.—In the case of—
p.(None): (I) a participating State that has no State standards for qualification to be a private security officer, the
p.(None): State shall notify an authorized employer as to the fact of whether an employee has been—
p.(None): (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction
p.(None): occurred during the previous
p.(None): 10 years, or an offense involving the use or attempted use of physical force against the person of
p.(None): another if the conviction occurred during the previous 10 years; or
p.(None): (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days;
p.(None): or
p.(None): (II) a participating State that has State stand- ards for qualification to be a private security officer,
p.(None): the State shall use the information received pursuant to this Act in applying the State stand- ards and shall
p.(None): only notify the employer of the results of the application of the State standards.
p.(None): (E) FREQUENCY OF REQUESTS.—An authorized employer may request a criminal history record information search for
p.(None): an employee only once every 12 months of continuous employment by that employee unless the
p.(None): authorized employer has good cause to submit additional requests.
p.(None): (2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Attorney General
p.(None): shall issue such final or interim final regulations as may be necessary to carry out this Act, including—
p.(None): (A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction
p.(None): of information and audits, and record keeping;
p.(None): (B) standards for qualification as an authorized employer; and
p.(None): (C) the imposition of reasonable fees necessary for conducting the background checks.
p.(None): (3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Who- ever knowingly and intentionally uses any information
p.(None): obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for
p.(None): employment as a private security officer shall be fined under title 18, United States Code, or imprisoned
p.(None): for not more than 2 years, or both.
p.(None): (4) USER FEES.—
p.(None): (A) IN GENERAL.—The Director of the Federal Bureau of Investigation may—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3758 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (i) collect fees to process background checks pro- vided for by this Act; and
p.(None): (ii) establish such fees at a level to include an additional amount to defray expenses for the automa-
p.(None): tion of fingerprint identification and criminal justice information services and associated costs.
p.(None): (B) LIMITATIONS.—Any fee collected under this subsection—
p.(None): (i) shall, consistent with Public Law 101–515 and Public Law 104–99, be credited to the appropriation to
p.(None): be used for salaries and other expenses incurred through providing the services described in such Public Laws
p.(None): and in subparagraph (A);
p.(None): (ii) shall be available for expenditure only to pay the costs of such activities and services; and
p.(None): (iii) shall remain available until expended.
p.(None): (C) STATE COSTS.—Nothing in this Act shall be con- strued as restricting the right of a State to assess a
...
p.(None): to Congress a report regarding the implementation of this section, including a description of the staffing and resource
p.(None): needs of the Center.
p.(None): (e) RELATIONSHIP TO THE NCTC.—As part of its mission to combat terrorist travel, the Center shall work to
p.(None): support the efforts of the National Counterterrorism Center.
p.(None): SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFI- CERS.
p.(None): (a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Sec- retary of State, in each of fiscal years 2006
p.(None): through 2009, may increase by 150 the number of positions for consular officers above the number of such
p.(None): positions for which funds were allotted for the preceding fiscal year.
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1777.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3814 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA SCREENING.—
p.(None): (1) IMMIGRANT VISAS.—Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended
p.(None): by adding at the end the following: ‘‘All immigrant visa applications shall be reviewed and adjudicated by a consular
p.(None): officer.’’.
p.(None): (2) NONIMMIGRANT VISAS.—Section 222(d) of the Immigra- tion and Nationality Act (8 U.S.C. 1202(d)) is
p.(None): amended by adding at the end the following: ‘‘All nonimmigrant visa applica- tions shall be reviewed and adjudicated
p.(None): by a consular officer.’’.
p.(None): (c) TRAINING FOR CONSULAR OFFICERS IN DETECTION OF FRAUDULENT DOCUMENTS.—Section 305(a) of the
p.(None): Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at
p.(None): the end the following: ‘‘In accordance with section 7201(d) of the 9/11 Commission Implementation Act of
p.(None): 2004, and as part of the consular training provided to such officers by the Secretary of State, such
p.(None): officers shall also receive training in detecting fraudulent documents and general document forensics and
p.(None): shall be required as part of such training to work with immigration officers conducting inspections of
p.(None): applicants for admission into the United States at ports of entry.’’.
p.(None): (d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.—
p.(None): (1) SURVEY REGARDING DOCUMENT FRAUD.—The Secretary of State, in coordination with the Secretary of Homeland Secu-
p.(None): rity, shall conduct a survey of each diplomatic and consular post at which visas are issued to assess
p.(None): the extent to which fraudulent documents are presented by visa applicants to con- sular officers at such posts.
p.(None): (2) REQUIREMENT FOR SPECIALIST.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2656
p.(None): note.
p.(None): (A) IN GENERAL.—Not later than July 31, 2005, the Secretary of State, in coordination with the Secretary
p.(None): of Homeland Security, shall identify the diplomatic and con- sular posts at which visas are issued that
...
p.(None): (B) TRAINING.—The Secretary shall develop training on the rules, guidelines, policies, and procedures
p.(None): estab- lished under subparagraph (A), and on immigration law and procedure. All personnel authorized to access
p.(None): informa- tion maintained in the databases and data system shall receive such training.
p.(None): (2) DATA COLLECTED FROM FOREIGN NATIONALS.—The Sec- retary of Homeland Security, the Secretary of State,
p.(None): and the Attorney General, after consultation with directors of the rel- evant intelligence agencies, shall
p.(None): standardize the information and data collected from foreign nationals, and the procedures utilized to
p.(None): collect such data, to ensure that the information is consistent and valuable to officials accessing that data
p.(None): across multiple agencies.
p.(None): (3) DATA MAINTENANCE PROCEDURES.—Heads of agencies that have databases or data systems linked to the
p.(None): entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for
p.(None): collecting, removing, and updating data maintained in, and adding information to, such databases or data
p.(None): systems that ensure the accuracy and integ- rity of the data and for limiting access to the information in
p.(None): the databases or data systems to authorized personnel.
p.(None): (4) REQUIREMENTS.—The rules, guidelines, policies, and procedures established under this subsection shall—
p.(None): (A) incorporate a simple and timely method for—
p.(None): (i) correcting errors in a timely and effective manner;
p.(None): (ii) determining which government officer provided data so that the accuracy of the data can be
p.(None): ascertained; and
p.(None): (iii) clarifying information known to cause false hits or misidentification errors;
p.(None): (B) include procedures for individuals to—
p.(None): (i) seek corrections of data contained in the data- bases or data systems; and
p.(None): (ii) appeal decisions concerning data contained in the databases or data systems;
p.(None): (C) strictly limit the agency personnel authorized to enter data into the system;
p.(None): (D) identify classes of information to be designated as temporary or permanent entries, with corresponding
p.(None): expiration dates for temporary entries; and
p.(None): (E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
p.(None): (5) CENTRALIZING AND STREAMLINING CORRECTION PROCESS.—
p.(None):
p.(None): President. Establishment.
p.(None): (A) IN GENERAL.—The President, or agency director designated by the President, shall establish a clearinghouse
p.(None): bureau in the Department of Homeland Security, to cen- tralize and streamline the process through which members
p.(None): of the public can seek corrections to erroneous or inaccurate
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3821
p.(None):
p.(None): information contained in agency databases, which is related to immigration status, or which otherwise impedes
p.(None): lawful admission to the United States.
p.(None): (B) TIME SCHEDULES.—The process described in subparagraph (A) shall include specific time
p.(None): schedules for reviewing data correction requests, rendering decisions on such requests, and implementing
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (3) INTRODUCTION.—Not later than the first day of session following the day on which proposed standards are transmitted
p.(None): to the House of Representatives and the Senate under sub- section (a), an approval resolution—
p.(None): (A) shall be introduced (by request) in the House by the Majority Leader of the House of
p.(None): Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by
p.(None): Members of the House of Rep- resentatives designated by the Majority Leader and Minority Leader of the
p.(None): House; and
p.(None): (B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself
p.(None): or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the
p.(None): Majority Leader and Minority Leader of the Senate.
p.(None): (4) PROHIBITIONS.—
p.(None): (A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the House of
p.(None): Rep- resentatives or the Senate.
p.(None): (B) MOTIONS TO SUSPEND.—No motion to suspend the application of this paragraph shall be in order in
p.(None): either House, nor shall it be in order in either House for the Presiding Officer to entertain a request
p.(None): to suspend the application of this paragraph by unanimous consent.
p.(None): (5) REFERRAL.—
p.(None): (A) IN GENERAL.—An approval resolution shall be referred to the committees of the House of Representatives
p.(None): and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of
p.(None): Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as
p.(None): provided in subparagraph (B), if a committee to which an approval resolution has been referred has not
p.(None): reported it at the close of the 45th day
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3837
p.(None):
p.(None): after its introduction, such committee shall be automati- cally discharged from further consideration of
p.(None): the resolu- tion and it shall be placed on the appropriate calendar.
p.(None): (B) FINAL PASSAGE.—A vote on final passage of the resolution shall be taken in each House on or before
p.(None): the close of the 15th day after the resolution is reported by the committee or committees of that
p.(None): House to which it was referred, or after such committee or committees have been discharged from further
p.(None): consideration of the resolu- tion.
p.(None): (C) COMPUTATION OF DAYS.—For purposes of this para- graph, in computing a number of days in either House,
p.(None): there shall be excluded any day on which that House is not in session.
p.(None): (6) COORDINATION WITH ACTION OF OTHER HOUSE.—If prior to the passage by one House of an approval
...
p.(None): (4) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command
p.(None): system based on NIMS;
p.(None): (5) the regular use of, and training in, NIMS by States and, to the extent practicable, territories,
p.(None): tribes, and local governments, should be a condition for receiving Federal preparedness assistance; and
p.(None): (6) the Secretary of Homeland Security should require, as a further condition of receiving homeland security
p.(None): prepared- ness funds from the Office of State and Local Government Coordination and Preparedness, that grant
p.(None): applicants document
p.(None):
p.(None):
p.(None): 118 STAT. 3840 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): measures taken to fully and aggressively implement the Incident Command System and unified command
p.(None): procedures.
p.(None):
p.(None): 42 USC 5196
p.(None): note.
p.(None): SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERN- MENT.—The term ‘‘authorized representative of the
p.(None): Federal Government’’ means any individual or individuals designated by the President with respect to the
p.(None): executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate
p.(None): and Speaker of the House of Represent- atives with respect to Congress, or their designees, to request
p.(None): assistance under a mutual aid agreement for an emergency or public service event.
p.(None): (2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating officer’’ means the official designated by law to
p.(None): declare an emergency in and for the locality of that chief operating officer.
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
p.(None): of the District of Columbia, an authorized representative of the Federal Government, the Governor of the
p.(None): State of Maryland, the Governor of the Commonwealth of Vir- ginia, or the chief operating officer of a
p.(None): locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual
p.(None): Aid Agreement within the National Capital Region; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841
p.(None):
p.(None): (B) includes Presidential inaugurations, public gath- erings, demonstrations and protests, and law enforcement,
p.(None): fire, rescue, emergency health and medical services, transportation, communications, public
p.(None): works and engineering, mass care, and other support that require human resources, equipment, facilities
p.(None): or services supple- mental to or greater than the requesting jurisdiction can provide.
p.(None): (10) STATE.—The term ‘‘State’’ means the State of Mary- land, the Commonwealth of Virginia, and the
p.(None): District of Columbia.
p.(None): (11) TRAINING.—The term ‘‘training’’ means emergency and public service event-related exercises, testing, or other
p.(None): activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid
p.(None): by National Capital Region jurisdictions during emergencies or public service events, such actions
p.(None): occurring outside actual emergency or public service event periods.
p.(None): (b) MUTUAL AID AUTHORIZED.—
p.(None): (1) IN GENERAL.—The mayor of the District of Columbia, any authorized representative of the Federal
p.(None): Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia,
p.(None): or the chief operating officer of a locality, or their designees, acting within his or her jurisdic- tional
p.(None): purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid
p.(None): agreements with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan
p.(None): Washington Airports Authority, and any other governmental agency or authority for—
p.(None): (A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications,
p.(None): public works and engineering, mass care, and resource support in an emergency or public service event;
p.(None): (B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event;
p.(None): and
p.(None): (C) training for any of the activities described under subparagraphs (A) and (B).
p.(None): (2) FACILITATING LOCALITIES.—The State of Maryland and the Commonwealth of Virginia are encouraged to
p.(None): facilitate the ability of localities to enter into interstate mutual aid agreements in the National Capital
p.(None): Region under this section.
p.(None): (3) APPLICATION AND EFFECT.—This section—
p.(None): (A) does not apply to law enforcement security oper- ations at special events of national significance under
p.(None): sec- tion 3056(e) of title 18, United States Code, or other law enforcement functions of the United States
p.(None): Secret Service;
...
p.(None): ‘‘(a) IN GENERAL.—Each subdivision of the Department that is a National Drug Control Program Agency
p.(None): shall include as one of the criteria in its performance appraisal system, for each employee
p.(None): directly or indirectly involved in the enforcement of Fed- eral, State, or local narcotics laws, the performance of
p.(None): that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest
p.(None): extent practicable on objective perform- ance measures, including—
p.(None): ‘‘(1) the contribution of that employee to seizures of nar- cotics and arrests of violators of Federal, State,
p.(None): or local narcotics laws; and
p.(None): ‘‘(2) the degree to which that employee cooperated with or contributed to the efforts of other
p.(None): employees, either within the Department or other Federal, State, or local agencies, in counternarcotics
p.(None): enforcement.
p.(None): ‘‘(b) DEFINITIONS.—For purposes of this section—
p.(None): ‘‘(1) the term ‘National Drug Control Program Agency’ means—
p.(None): ‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National
p.(None): Drug Control Policy Reauthorization Act of 1998 (as last in effect); and
p.(None): ‘‘(B) any subdivision of the Department that has a significant counternarcotics responsibility, as
p.(None): determined by—
p.(None): ‘‘(i) the counternarcotics officer, appointed under section 878; or
p.(None): ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor in function (as determined by the Secretary);
p.(None): and
p.(None): ‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job
p.(None): performance of employees are made, whether under chapter 43 of title 5, United States Code, or otherwise.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting
p.(None): after the item relating to section 842 the following:
p.(None):
p.(None): ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’.
p.(None):
p.(None): Subtitle E—Public Safety Spectrum
p.(None): SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
p.(None): (a) FINDINGS.—Congress finds the following:
p.(None): (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital
p.(None): broadcasts
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855
p.(None):
p.(None): simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
p.(None): (2) Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television
p.(None): broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than—
p.(None): (A) December 31, 2006; or
p.(None): (B) the date on which more than 85 percent of the television households in the market of such
p.(None): broadcaster can view digital broadcast television channels using a dig- ital television, a digital-to-analog
...
p.(None): (1) in paragraph (2), by striking ‘‘and’’ at the end;
p.(None): (2) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (3) by adding at the end the following:
p.(None): ‘‘(4) the status of implementation of international anti- money laundering and counterterrorist financing
p.(None): standards by the International Monetary Fund, the multilateral development banks, and other multilateral financial
p.(None): policymaking bodies.’’.
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
p.(None): The Secretary of the Treasury, or the designee of the Secretary, as the lead United States Government official
p.(None): to the Financial Action Task Force (FATF), shall continue to convene the interagency United States Government FATF
p.(None): working group. This group, which includes representatives from all relevant Federal agencies, shall meet at
p.(None): least once a year to advise the Secretary on policies to be pursued by the United States regarding the
p.(None): development of common international AML and CFT standards, to assess the ade- quacy and implementation of such
p.(None): standards, and to recommend to the Secretary improved or new standards, as necessary.
p.(None):
p.(None): Subtitle H—Emergency Financial Preparedness
p.(None): SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
p.(None): Section 306(d) of title 31, United States Code, is amended by inserting ‘‘or employee’’ after ‘‘another
p.(None): officer’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3861
p.(None):
p.(None): SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDU- CATION.
p.(None): (a) FINDINGS.—Congress finds that the Secretary of the Treasury—
p.(None): (1) has successfully communicated and coordinated with the private-sector financial services industry about
p.(None): financial infrastructure preparedness and response issues;
p.(None): (2) has successfully reached out to State and local govern- ments and regional public-private partnerships,
p.(None): such as ChicagoFIRST, that protect employees and critical infrastruc- ture by enhancing communication and
p.(None): coordinating plans for disaster preparedness and business continuity; and
p.(None): (3) has set an example for the Department of Homeland Security and other Federal agency partners,
p.(None): whose active participation is vital to the overall success of the activities described in paragraphs (1) and
p.(None): (2).
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury, in consultation
p.(None): with the Secretary of Homeland Security, other Federal agency partners, and private- sector financial organization
p.(None): partners, should—
p.(None): (1) furnish sufficient personnel and technological and finan- cial resources to educate consumers and employees of the
p.(None): finan- cial services industry about domestic counterterrorist financing activities, particularly about—
...
p.(None): Homeland Secu- rity, is insufficient because of—
p.(None): (A) inadequate geospatial data compatibility;
p.(None): (B) insufficient geospatial data sharing; and
p.(None): (C) technology interoperability barriers.
p.(None): (b) HOMELAND SECURITY GEOSPATIAL INFORMATION.—Section 703 of the Homeland Security Act of 2002
p.(None): (6 U.S.C. 343) is amended—
p.(None): (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Chief Information’’; and
p.(None): (2) by adding at the end the following: ‘‘(b) GEOSPATIAL INFORMATION FUNCTIONS.—
p.(None): ‘‘(1) DEFINITIONS.—As used in this subsection:
p.(None): ‘‘(A) GEOSPATIAL INFORMATION.—The term ‘geospatial information’ means graphical or digital data depicting nat- ural
p.(None): or manmade physical features, phenomena, or bound- aries of the earth and any information related thereto,
p.(None): including surveys, maps, charts, remote sensing data, and images.
p.(None): ‘‘(B) GEOSPATIAL TECHNOLOGY.—The term ‘geospatial technology’ means any technology utilized by
p.(None): analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or
p.(None): engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—
p.(None): ‘‘(i) global satellite surveillance systems; ‘‘(ii) global position systems;
p.(None): ‘‘(iii) geographic information systems; ‘‘(iv) mapping equipment;
p.(None): ‘‘(v) geocoding technology; and ‘‘(vi) remote sensing devices.
p.(None): ‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.—
p.(None): ‘‘(A) ESTABLISHMENT.—The Office of Geospatial Management is established within the Office of the
p.(None): Chief Information Officer.
p.(None): ‘‘(B) GEOSPATIAL INFORMATION OFFICER.—
p.(None): ‘‘(i) APPOINTMENT.—The Office of Geospatial Management shall be administered by the Geospatial
p.(None): Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief
p.(None): Information Officer.
p.(None): 6 USC 343 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3866 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(ii) FUNCTIONS.—The Geospatial Information Officer shall assist the Chief Information Officer in
p.(None): carrying out all functions under this section and in coordinating the geospatial information needs of the
p.(None): Department.
p.(None): ‘‘(C) COORDINATION OF GEOSPATIAL INFORMATION.—The
p.(None): Chief Information Officer shall establish and carry out a program to provide for the efficient use of
p.(None): geospatial information, which shall include—
p.(None): ‘‘(i) providing such geospatial information as may be necessary to implement the critical infrastructure
p.(None): protection programs;
p.(None): ‘‘(ii) providing leadership and coordination in meeting the geospatial information requirements of those
p.(None): responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infra- structure
p.(None): protection, and other functions of the Depart- ment; and
p.(None): ‘‘(iii) coordinating with users of geospatial informa- tion within the Department to assure interoperability and
p.(None): prevent unnecessary duplication.
p.(None): ‘‘(D) RESPONSIBILITIES.—In carrying out this sub- section, the responsibilities of the Chief Information
p.(None): Officer shall include—
p.(None): ‘‘(i) coordinating the geospatial information needs and activities of the Department;
p.(None): ‘‘(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the
p.(None): processes established under section 216 of the E- Government Act of 2002 (44 U.S.C. 3501 note), to
p.(None): facilitate the interoperability of geospatial information pertaining to homeland security among all users of
p.(None): such information within—
p.(None): ‘‘(I) the Department;
p.(None): ‘‘(II) State and local government; and ‘‘(III) the private sector;
p.(None): ‘‘(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities
p.(None): of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and
p.(None): ‘‘(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local
p.(None): Government Coordination and Preparedness on awarding grants to—
p.(None): ‘‘(I) fund the creation of geospatial data; and ‘‘(II) execute information sharing agreements regarding
p.(None): geospatial data with State, local, and
p.(None): tribal governments.
p.(None): ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
p.(None): authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.’’.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection
p.(None): SEC. 8301. SHORT TITLE.
p.(None): 118 STAT. 3867
p.(None):
p.(None): Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.
p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
p.(None): ‘‘(5) coordinate with the Privacy Officer to ensure that— ‘‘(A) programs, policies, and procedures
p.(None): involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and
p.(None): comprehensive manner;
p.(None): and
p.(None): 6 USC 101 note.
p.(None): ‘‘(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
p.(None): ‘‘(6) investigate complaints and information indicating pos- sible abuses of civil rights or civil liberties, unless
p.(None): the Inspector General of the Department determines that any such complaint or information should be investigated
p.(None): by the Inspector Gen- eral.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL.
p.(None): Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the
p.(None): following:
p.(None): ‘‘(f)(1) The Inspector General of the Department of Homeland Security shall designate a senior
p.(None): official within the Office of Inspector General, who shall be a career member of the civil service at the
p.(None): equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the
p.(None): functions described in paragraph (2).
p.(None): ‘‘(2) The senior official designated under paragraph (1) shall— ‘‘(A) coordinate the activities of the
p.(None): Office of Inspector General with respect to investigations of abuses of civil rights
p.(None): or civil liberties;
p.(None): ‘‘(B) receive and review complaints and information from any source alleging abuses of civil rights and
p.(None): civil liberties by employees or officials of the Department and employees or officials of independent
p.(None): contractors or grantees of the Depart- ment;
p.(None): ‘‘(C) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of
p.(None): the Department and employees or officials of independent contractors or grantees of the Department;
p.(None): ‘‘(D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct
p.(None): effective civil rights and civil liberties investigations;
p.(None): ‘‘(E) consult with the Officer for Civil Rights and Civil Liberties regarding—
p.(None): ‘‘(i) alleged abuses of civil rights or civil liberties; and ‘‘(ii) any policy recommendations regarding civil
p.(None): rights and civil liberties that may be founded upon an investiga-
p.(None): tion by the Office of Inspector General;
p.(None): ‘‘(F) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of
p.(None): investigations of alleged abuses of civil rights and civil liberties;
p.(None): ‘‘(G) refer civil rights and civil liberties matters that the Inspector General decides not to
p.(None): investigate to the Officer for Civil Rights and Civil Liberties;
p.(None): ‘‘(H) ensure that the Office of the Inspector General pub- licizes and provides convenient public access
p.(None): to information regarding—
p.(None): ‘‘(i) the procedure to file complaints or comments con- cerning civil rights and civil liberties matters; and
p.(None): ‘‘(ii) the status of corrective actions taken by the Department in response to Office of the Inspector
p.(None): General reports; and
p.(None): ‘‘(I) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and
p.(None): deficiencies within the Department relating to civil rights or civil liberties.’’.
p.(None): SEC. 8305. PRIVACY OFFICER.
p.(None): Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 142) is amended—
p.(None): (1) in the matter preceding paragraph (1), by inserting ‘‘, who shall report directly to the
p.(None): Secretary,’’ after ‘‘in the Department’’;
p.(None): (2) in paragraph (4), by striking ‘‘and’’ at the end;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3869
p.(None):
p.(None): (3) by redesignating paragraph (5) as paragraph (6); and
p.(None): (4) by inserting after paragraph (4) the following:
p.(None): ‘‘(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
p.(None): ‘‘(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy
p.(None): considerations are addressed in an integrated and comprehensive manner; and
p.(None):
p.(None): ‘‘(B) Congress receives appropriate reports on such pro- grams, policies, and procedures; and’’.
p.(None): SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELAND SECURITY.
p.(None): The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with
p.(None): the protections for human research subjects, as described in part 46 of title 45, Code of Federal
p.(None): Regulations, or in equivalent regulations as promul- gated by such Secretary, with respect to research that is
p.(None): conducted or supported by the Department.
p.(None): Subtitle D—Other Matters
p.(None): SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY PLANNING FOR INFORMATION SECU- RITY
p.(None): NEEDS.
p.(None): Chapter 113 of title 40, United States Code, is amended—
p.(None): (1) in section 11302(b), by inserting ‘‘security,’’ after ‘‘use,’’;
p.(None): (2) in section 11302(c), by inserting ‘‘, including information security risks,’’ after ‘‘risks’’ both places it
p.(None): appears;
p.(None): (3) in section 11312(b)(1), by striking ‘‘information tech- nology investments’’ and inserting ‘‘investments in
p.(None): information technology (including information security needs)’’; and
p.(None): (4) in section 11315(b)(2), by inserting ‘‘, secure,’’ after ‘‘sound’’.
p.(None): SEC. 8402. ENTERPRISE ARCHITECTURE.
p.(None): (a) ENTERPRISE ARCHITECTURE DEFINED.—In this section, the term ‘‘enterprise architecture’’ means a detailed
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p.(None): Intelligence.
p.(None): ‘‘(b) DUTIES.—The National Counterintelligence Executive shall perform the duties provided in the
p.(None): Counterintelligence Enhance- ment Act of 2002 and such other duties as may be prescribed by the Director of
p.(None): National Intelligence or specified by law.
p.(None): ‘‘CENTRAL INTELLIGENCE AGENCY
p.(None): ‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY.—There is a
p.(None): Central Intelligence Agency.
p.(None): ‘‘(b) FUNCTION.—The function of the Central Intelligence Agency is to assist the Director of the Central
p.(None): Intelligence Agency in carrying out the responsibilities specified in section 104A(c).
p.(None): ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
p.(None): ‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.—
p.(None): There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with
p.(None): the advice and consent of the Senate.
p.(None): ‘‘(b) SUPERVISION.—The Director of the Central Intelligence Agency shall report to the Director of
p.(None): National Intelligence regarding the activities of the Central Intelligence Agency.
p.(None): ‘‘(c) DUTIES.—The Director of the Central Intelligence Agency shall—
p.(None):
p.(None): and (d).
p.(None): ‘‘(1) serve as the head of the Central Intelligence Agency;
p.(None): ‘‘(2) carry out the responsibilities specified in subsection
p.(None): ‘‘(d) RESPONSIBILITIES.—The Director of the Central Intelligence Agency shall—
p.(None): ‘‘(1) collect intelligence through human sources and by other appropriate means, except that the Director of the
p.(None): Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security
p.(None): functions;
p.(None): ‘‘(2) correlate and evaluate intelligence related to the national security and provide appropriate
p.(None): dissemination of such intelligence;
p.(None): ‘‘(3) provide overall direction for and coordination of the collection of national intelligence outside
p.(None): the United States through human sources by elements of the intelligence commu- nity authorized to undertake such
p.(None): collection and, in coordina- tion with other departments, agencies, or elements of the United
p.(None): States Government which are authorized to undertake such collection, ensure that the most effective use
p.(None): is made of resources and that appropriate account is taken of the risks
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3661
p.(None):
p.(None): to the United States and those involved in such collection; and
p.(None):
p.(None): ‘‘(4) perform such other functions and duties related to intelligence affecting the national security as
p.(None): the President or the Director of National Intelligence may direct.
p.(None): ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—(1)
p.(None): Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may,
p.(None): in the discretion of the Director, terminate the employment of any officer or employee of the
...
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).
p.(None): ‘‘(c) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious
p.(None): bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the
p.(None): use, storage, production, or assembly of any explosive, firearm or other weapon, including
p.(None):
p.(None): Material Support to Terrorism Prohibition Enhancement Act of 2004.
p.(None): 18 USC 2331
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): any weapon of mass destruction (as defined in section 2232a(c)(2));
p.(None): ‘‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365(h)(3);
p.(None): ‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national
p.(None): security, economic security, public health or safety including both regional and national infrastructure.
p.(None): Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and
p.(None): oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical
p.(None): power generation or delivery systems, financing and banking systems, emergency services (including medical, police,
p.(None): fire, and rescue services), and transportation systems and services (including highways, mass transit,
p.(None): airlines, and airports); and
p.(None): ‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist
p.(None): organization under sec- tion 219(a)(1) of the Immigration and Nationality Act.’’.
p.(None): SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUP- PORT TO TERRORISM.
p.(None): (a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended—
p.(None): (1) in section 2332b(g)(5)(B)(i)—
p.(None): (A) by inserting ‘‘1361 (relating to government property or contracts),’’ before ‘‘1362’’; and
p.(None): (B) by inserting ‘‘2156 (relating to national defense material, premises, or utilities),’’ before ‘‘2280’’; and
p.(None): (2) in section 2339A—
p.(None): (A) by striking ‘‘or’’ before ‘‘section 46502’’; and
p.(None): (B) by inserting ‘‘or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and
p.(None): 2339B)’’ after ‘‘section 60123(b) of title 49,’’.
p.(None): (b) DEFINITIONS.—Section 2339A(b) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(b) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘material support or resources’ means any property, tangible or intangible, or service,
p.(None): including currency or monetary instruments or financial securities, financial serv- ices, lodging, training, expert
p.(None): advice or assistance, safehouses, false documentation or identification, communications equip- ment,
p.(None): facilities, weapons, lethal substances, explosives, per- sonnel (1 or more individuals who may be or
...
p.(None): (iv) promoting equitable economic development;
p.(None): (v) protecting the human rights of the people of Afghanistan;
p.(None): (vi) continuing to hold elections for public officials;
p.(None):
p.(None): and
p.(None): (vii) ending the cultivation, production, and traf-
p.(None): ficking of narcotics.
p.(None): (C) The United States and the international community must make a long-term commitment to addressing the
p.(None): unstable security situation in Afghanistan and the bur- geoning narcotics trade, endemic poverty, and other
p.(None): serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for
p.(None): international terrorism.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should take, with
p.(None): respect to Afghanistan, the following actions:
p.(None): (A) Work with other nations to obtain long-term secu- rity, political, and financial commitments and fulfillment
p.(None): of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act
p.(None): of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous
p.(None): Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
p.(None): (B) Use the voice and vote of the United States in relevant international organizations, including the
p.(None): North Atlantic Treaty Organization and the United Nations Secu- rity Council, to strengthen international
p.(None): commitments to assist the Government of Afghanistan in enhancing secu- rity, building national police and
p.(None): military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the
p.(None): country.
p.(None): (C) Take appropriate steps to increase the assistance provided under programs of the Department of State
p.(None): and the United States Agency for International Development throughout Afghanistan and to increase the
p.(None): number of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3781
p.(None):
p.(None):
p.(None): personnel of those agencies in Afghanistan as necessary to support the increased assistance.
p.(None): (c) COORDINATOR FOR ASSISTANCE.—
p.(None): (1) FINDINGS.—Congress makes the following findings:
p.(None): (A) The Final Report of the National Commission on Terrorist Attacks Upon the United States criticized
p.(None): the provision of United States assistance to Afghanistan for being too inflexible.
p.(None): (B) The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) contains provisions that
p.(None): provide for flexibility in the provision of assistance for Afghanistan and are not subject to the requirements
p.(None): of typical foreign assistance programs and provide for the designation of a coordinator to oversee
p.(None): United States assistance for Afghanistan.
p.(None): (2) DESIGNATION OF COORDINATOR.—Section 104(a) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7514(a)) is amended in the matter preceding paragraph (1) by striking ‘‘is strongly urged to’’ and inserting
p.(None): ‘‘shall’’.
p.(None): (d) ASSISTANCE PLAN; INTERNATIONAL COORDINATION.—Section
p.(None): 104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended by adding at the end the
...
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress
p.(None): (including a committee of Congress) by this Act may contain a classified annex.’’.
p.(None): (4) LONG-TERM STRATEGY.—
p.(None): (A) STRATEGY.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI- STAN.
p.(None): ‘‘(a) STRATEGY.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the President
p.(None): shall formulate a 5-year strategy for Afghanistan and submit such strategy to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None): of Representatives.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3783
p.(None):
p.(None):
p.(None): ‘‘(2) CONTENTS.—The strategy formulated under paragraph
p.(None): (1) shall include specific and measurable goals for addressing the long-term development and security
p.(None): needs of Afghanistan, including sectors such as agriculture and irrigation, parliamen- tary and democratic
p.(None): development, the judicial system and rule of law, human rights, education, health, telecommunications,
p.(None): electricity, women’s rights, counternarcotics, police, border secu- rity, anti-corruption, and other
p.(None): law-enforcement activities, as well as the anticipated costs and time frames associated with achieving those
p.(None): goals.
p.(None): ‘‘(b) MONITORING.—
p.(None): ‘‘(1) ANNUAL REPORT.—The President shall transmit on an annual basis through 2010 a report describing the
p.(None): progress made toward the implementation of the strategy required by subsection (a) and any changes to the
p.(None): strategy since the date of the submission of the last report to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None):
p.(None): of Representatives.’’.
p.(None): (B) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by adding
p.(None): after the item relating to section 303 the following new item:
p.(None): ‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
p.(None): (f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): (1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and
p.(None): made progress on primary education, the United States must invest in a concerted effort in Afghanistan to
p.(None): improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university
...
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
p.(None): levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to
p.(None): establish a responsible and community-based police force;
p.(None): ‘‘(v) support to increase the transparency, account- ability, and participatory nature of governmental
p.(None): institutions, including programs designed to combat corruption and other programs for the promotion of good
p.(None): governance, such as the development of regula- tions relating to financial disclosure for public officials,
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
...
p.(None): pursuant to subparagraph (A) to the Committee on Foreign Relations of the Senate and the Committee on
p.(None): International Relations of the House of Representatives. The first report under this subparagraph shall be
p.(None): transmitted not later than 60 days after the date of the enactment of the Afghanistan Freedom Support Act
p.(None): Amendments of 2004 and subsequent reports shall be transmitted every 6 months thereafter and may be included
p.(None): in the report required by subsection
p.(None): (c)(2).’’.
p.(None): (j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
p.(None): AFGHANISTAN.—
p.(None): (1) AUTHORIZATION OF ASSISTANCE.—Section 103(a)(3)(A) of the Afghanistan Freedom Support Act of
p.(None): 2002 (22 U.S.C. 7513(a)(3)(A)) is amended—
p.(None): (A) in clause (i), by striking ‘‘establish crop substitution programs,’’ and inserting ‘‘promote alternatives to
p.(None): poppy cultivation, including the introduction of high value crops that are suitable for export and the provision
p.(None): of appropriate technical assistance and credit mechanisms for farmers,’’;
p.(None): (B) in clause (ii), by inserting before the semicolon at the end the following: ‘‘, and to create
p.(None): special counter- narcotics courts, prosecutors, and places of incarceration’’;
p.(None): (C) in clause (iii), by inserting before the semicolon at the end the following: ‘‘, in particular,
p.(None): notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
p.(None): equipment, training (including training in internationally recognized standards of human rights, the rule of
p.(None): law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments,
p.(None): during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting
p.(None): units’’;
p.(None): (D) in clause (iv), by striking ‘‘and’’ at the end;
p.(None): (E) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (F) by adding after clause (v) the following:
p.(None): ‘‘(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.’’.
p.(None): (2) SENSE OF CONGRESS AND REPORT.—Title II of the Afghanistan Freedom Support Act of 2002 (22
p.(None): U.S.C. 7531 et seq.) is amended—
p.(None): (A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and
p.(None): (B) by inserting after section 206 the following:
p.(None): ‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER- DRUG EFFORTS IN AFGHANISTAN.
p.(None): ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the President should make the
p.(None): substantial reduction
p.(None): of illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism;
p.(None): ‘‘(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other
p.(None): appropriate Federal
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None): (2) PROGRAM COMPONENTS.—The Program shall include the following:
p.(None): (A) ANALYSIS OF METHODS.—Analyze, in coordination with other appropriate government agencies, methods used by
p.(None): terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter
p.(None): foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of
p.(None): Homeland Security on recommended changes to the visa issuance process that could combat such methods,
p.(None): including the introduction of new technologies into such process.
p.(None): (B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.— Identify, in cooperation with the Human Trafficking and
p.(None): Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used
p.(None): to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is
p.(None): noti- fied for further investigation and prosecution or, in the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3835
p.(None):
p.(None):
p.(None): case of such individuals abroad for which no further inves- tigation or prosecution is initiated, ensure that
p.(None): all appro- priate information is shared with foreign governments in order to facilitate investigation,
p.(None): arrest, and prosecution of such individuals.
p.(None): (C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING ASSISTANCE.—Identify foreign countries that need technical
p.(None): assistance, such as law reform, administrative reform, pros- ecutorial training, or assistance to police and
p.(None): other inves- tigative services, to ensure passport, visa, and related docu- ment security and to investigate,
p.(None): arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas,
p.(None): documents used to obtain such pass- ports and visas, and other types of travel documents.
p.(None): (D) INSPECTION OF APPLICATIONS.—Randomly inspect visa and passport applications for accuracy, efficiency, and
p.(None): fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of
p.(None): visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications.
p.(None): (d) REPORT.—Not later than 90 days after the date on which the strategy required under section 7201 is
p.(None): submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report
p.(None): containing—
p.(None): (1) a description of the strategic plan prepared under sub- section (b); and
p.(None): (2) an evaluation of the feasibility of establishing civil service positions in field offices of the
p.(None): Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether
p.(None): to allow diplomatic security agents to convert to civil service officers to fill such positions.
p.(None): SEC. 7219. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): SEC. 7220. IDENTIFICATION STANDARDS.
p.(None): (a) PROPOSED STANDARDS.—
p.(None): (1) IN GENERAL.—The Secretary of Homeland Security—
...
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
p.(None): of the District of Columbia, an authorized representative of the Federal Government, the Governor of the
p.(None): State of Maryland, the Governor of the Commonwealth of Vir- ginia, or the chief operating officer of a
p.(None): locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual
p.(None): Aid Agreement within the National Capital Region; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841
p.(None):
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p.(None): and classi- fied information and the administration of applicable law, the report shall be submitted in
p.(None): unclassified form and shall be
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3719
p.(None):
p.(None):
p.(None): available to the public. The report may contain a classified annex if necessary.
p.(None): SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIR- PORT SCREENING CHECKPOINTS.
p.(None): (a) IN GENERAL.—Subchapter I of chapter 449, of title 49, United States Code, is amended by adding at the end
p.(None): the following:
p.(None): ‘‘§ 44925. Deployment and use of detection equipment at air- port screening checkpoints
p.(None): ‘‘(a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland Security shall give a high priority to developing,
p.(None): testing, improving, and deploying, at airport screening checkpoints, equipment that detects nonmetallic,
p.(None): chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their
p.(None): personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can
p.(None): detect under realistic oper- ating conditions the types of weapons and explosives that terrorists would likely try to
p.(None): smuggle aboard an air carrier aircraft.
p.(None): ‘‘(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Assistant
p.(None): Secretary of Home- land Security (Transportation Security Administration) shall submit to the appropriate
p.(None): congressional committees a strategic plan to promote the optimal utilization and deployment of explosive
p.(None): detection equipment at airports to screen individuals and their personal property. Such equipment includes walk-
p.(None): through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The
p.(None): plan may be submitted in a classified format.
p.(None): ‘‘(2) CONTENT.—The strategic plan shall include, at minimum—
p.(None): ‘‘(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
p.(None): ‘‘(B) a description of the operational applications of explosive detection equipment at airport screening
p.(None): check-
p.(None): points;
p.(None): ‘‘(C) a deployment schedule and a description of the quantities of equipment needed to implement the
p.(None): plan; ‘‘(D) a description of funding needs to implement the plan, including a financing plan that provides for
p.(None): leveraging
p.(None): of non-Federal funding;
p.(None): ‘‘(E) a description of the measures taken and antici- pated to be taken in carrying out subsection (d); and
p.(None): ‘‘(F) a description of any recommended legislative actions.
p.(None): ‘‘(c) PORTAL DETECTION SYSTEMS.—There is authorized to be appropriated to the Secretary of Homeland
p.(None): Security for the use of the Transportation Security Administration $250,000,000, in addition to any amounts
...
p.(None): integrated and customized for use aboard aircraft for flight crew communication.
p.(None): (c) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the Transportation Security
p.(None): Administration shall submit to the appropriate congressional committees a report on the results of the study.
p.(None): SEC. 4022. IMPROVED PILOT LICENSES.
p.(None): (a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Administrator of
p.(None): the Federal Aviation Administration shall begin to issue improved pilot licenses con- sistent with the
p.(None): requirements of title 49, United States Code, and title 14, Code of Federal Regulations.
p.(None): (b) REQUIREMENTS.—Improved pilots licenses issued under sub- section (a) shall—
p.(None): (1) be resistant to tampering, alteration, and counterfeiting;
p.(None): (2) include a photograph of the individual to whom the license is issued; and
p.(None): (3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique
p.(None): identifier that the Administrator considers necessary.
p.(None): (c) TAMPERING.—To the extent practical, the Administrator shall develop methods to determine or reveal
p.(None): whether any compo- nent or security feature of a license issued under subsection (a) has been tampered,
p.(None): altered, or counterfeited.
p.(None): (d) USE OF DESIGNEES.—The Administrator may use designees to carry out subsection (a) to the extent feasible in
p.(None): order to minimize the burdens on pilots.
p.(None): SEC. 4023. AVIATION SECURITY STAFFING.
p.(None): (a) AVIATION SECURITY STAFFING.—Not later than 90 days after the date of enactment of this Act, the Assistant
p.(None): Secretary of Home- land Security (Transportation Security Administration) shall develop and submit to
p.(None): the appropriate congressional committees standards for determining the aviation security staffing for all
p.(None): airports at which screening is required under section 44901 of title 49, United States Code, necessary to—
p.(None): (1) provide necessary levels of aviation security; and
p.(None): (2) ensure that the average aviation security-related delay experienced by airline passengers is minimized.
p.(None): (b) GAO ANALYSIS.—As soon as practicable after the date on which the Assistant Secretary has developed
p.(None): standards under sub- section (a), the Comptroller General shall conduct an expedited analysis of, and submit
p.(None): a report to the appropriate congressional
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None): 49 USC 44703
p.(None): note. Deadline.
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None): Deadline. Standards.
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3724 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): committees on, the standards for effectiveness, administrability, ease of compliance, and consistency
p.(None): with the requirements of existing law.
p.(None): (c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIA- TION SECURITY.—The Secretary of Homeland Security shall
p.(None): conduct a study of the feasibility of combining operations of Federal employees involved in
p.(None): screening at commercial airports and aviation security-related functions under the authority of the Department
p.(None): of Homeland Security in order to coordinate security-related activi- ties, increase the efficiency and
p.(None): effectiveness of those activities, and increase commercial air transportation security.
p.(None):
p.(None): 49 USC 44913
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2751
p.(None): note.
p.(None): SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
p.(None): (a) PLAN AND GUIDELINES.—The Assistant Secretary of Home- land Security (Transportation Security
p.(None): Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland
p.(None): Security for the use of the Transportation Security Administration $100,000,000, in addition to any amounts
p.(None): otherwise authorized by law, for the purpose of research and development of improved explosive detec-
p.(None): tion systems for aviation security under section 44913 of title 49, United States Code.
p.(None): SEC. 4025. PROHIBITED ITEMS LIST.
p.(None): Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland
p.(None): Security (Transportation Security Administration) shall complete a review of the list of items prohibited
p.(None): from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air
p.(None): transportation or intrastate air transportation set forth in section 1540 of title 49, Code of Federal
p.(None): Regulations, and shall release a revised list that includes—
p.(None): (1) butane lighters; and
p.(None): (2) any other modification that the Assistant Secretary considers appropriate.
p.(None): SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
p.(None): (a) UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT CONTROL.—
p.(None): (1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS.— The President shall pursue, on an urgent basis,
p.(None): further strong international diplomatic and cooperative efforts, including bilateral and multilateral
p.(None): treaties, in the appropriate forum to limit the availability, transfer, and proliferation of
...
p.(None): assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide.
p.(None): (4) REPORTING AND BRIEFING REQUIREMENT.—
p.(None): (A) PRESIDENT’S REPORT.—Not later than 180 days after the date of enactment of this Act, the President
p.(None): shall transmit to the appropriate congressional committees a report that contains a detailed description of the
p.(None): status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United
p.(None): States agencies to comply with the recommendations of the General Accounting Office set forth in its
p.(None): report GAO–04–519, enti- tled ‘‘Nonproliferation: Further Improvements Needed in
p.(None): U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems’’.
p.(None): (B) ANNUAL BRIEFINGS.—Annually after the date of submission of the report under subparagraph (A) and until
p.(None): completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State
p.(None): shall brief the appropriate congressional committees on the status of such efforts.
p.(None): (b) FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT.—
p.(None): (1) IN GENERAL.—As soon as practicable, but not later than the date of completion of Phase II of the
p.(None): Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and
p.(None): demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for
p.(None): conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as
p.(None): effective and functional by the Department of Home- land Security. The process shall require a certification by
p.(None): the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness
p.(None): and aircraft system integrity.
p.(None): (2) CERTIFICATION ACCEPTANCE.—Under the process, the Administrator shall accept the certification of the
p.(None): Department of Homeland Security that a missile defense system is effective and functional to defend
p.(None): commercial aircraft against MANPADSs.
p.(None): (3) EXPEDITIOUS CERTIFICATION.—Under the process, the Administrator shall expedite the airworthiness and safety
p.(None): cer- tification of missile defense systems for commercial aircraft certified by the Department of Homeland
p.(None): Security.
p.(None): (4) REPORTS.—Not later than 90 days after the first air- worthiness and safety certification for a missile
p.(None): defense system for commercial aircraft is issued by the Administrator, and
p.(None):
p.(None):
p.(None): 118 STAT. 3726 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): annually thereafter until December 31, 2008, the Federal Avia- tion Administration shall transmit to the
p.(None): Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Commerce,
p.(None): Science, and Transpor- tation of the Senate a report that contains a detailed description of each airworthiness and
p.(None): safety certification issued for a mis- sile defense system for commercial aircraft.
p.(None): (c) PROGRAMS TO REDUCE MANPADS.—
p.(None): (1) IN GENERAL.—The President is encouraged to pursue strong programs to reduce the number of MANPADSs
p.(None): world- wide so that fewer MANPADSs will be available for trade, proliferation, and sale.
...
p.(None): as a crew and portable by several individuals.
p.(None): SEC. 4027. TECHNICAL CORRECTIONS.
p.(None): (a) ADMINISTRATIVE IMPOSITION OF PENALTIES.—Section 46301(d) of title 49, United States Code, is
p.(None): amended—
p.(None): (1) in the first sentence of paragraph (2) by striking ‘‘46302, 46303,’’ and inserting ‘‘46302 (for a violation
p.(None): relating to section 46504),’’;
p.(None): (2) in the second sentence of paragraph (2)—
p.(None): (A) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting ‘‘Secretary of Homeland
p.(None): Security’’; and
p.(None): (B) by striking ‘‘44909)’’ and inserting ‘‘44909), 46302 (except for a violation relating to section
p.(None): 46504), 46303,’’;
p.(None): (3) in paragraphs (2), (3), and (4) by striking ‘‘Under Sec- retary or’’ each place it occurs and
p.(None): inserting ‘‘Secretary of Homeland Security or’’; and
p.(None): (4) in paragraph (4)(A) by moving clauses (i), (ii), and
p.(None): (iii) 2 ems to the left.
p.(None): (b) COMPROMISE AND SETOFF FOR FALSE INFORMATION.—Section 46302(b)(1) of title 49, United States Code, is amended by
p.(None): striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security and, for a violation relating
p.(None): to section 46504, the Secretary of Transportation,’’.
p.(None): (c) CARRYING A WEAPON.—Section 46303 of title 49, United States Code, is amended—
p.(None): (1) in subsection (b)(1) by striking ‘‘Secretary of Transpor- tation’’ and inserting ‘‘Secretary of Homeland
p.(None): Security’’; and
p.(None): (2) in subsection (c)(2) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting
p.(None): ‘‘Secretary of Home- land Security’’.
p.(None): SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
p.(None): Not later than 6 months after the date of the enactment of this Act, the Assistant Secretary of
p.(None): Homeland Security (Transpor- tation Security Administration) shall submit to the appropriate congressional
p.(None): committees a report on the costs and benefits associ- ated with the use of secondary flight deck barriers,
p.(None): including the recommendation of the Assistant Secretary whether or not the use of such barriers should be
p.(None): mandated for all air carriers. The report may be submitted in a classified form.
p.(None): SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
p.(None): Section 48301(a) of title 49, United States Code, is amended by striking ‘‘and 2005’’ and inserting ‘‘2005,
p.(None): and 2006’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3728 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle C—Air Cargo Security
p.(None):
p.(None):
p.(None): 49 USC 44901
p.(None): note.
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 44901
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Appropriation authorization.
p.(None): SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGE CONTAINERS.
p.(None): (a) IN GENERAL.—Beginning not later than 180 days after the date of enactment of this Act, the Assistant
p.(None): Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to
p.(None): evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the poten-
p.(None): tial effects of detonation of an explosive device.
p.(None): (b) INCENTIVES FOR PARTICIPATION IN PILOT PROGRAM.—
p.(None): (1) IN GENERAL.—As part of the pilot program, the Assist- ant Secretary shall provide incentives to air carriers
p.(None): to volun- teer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft.
p.(None): (2) APPLICATIONS.—To volunteer to participate in the incen- tive program, an air carrier shall submit to the Assistant
p.(None): Sec- retary an application that is in such form and contains such information as the Assistant Secretary
p.(None): requires.
p.(None): (3) TYPES OF INCENTIVES.—Incentives provided by the Assistant Secretary to air carriers that volunteer to
p.(None): participate in the pilot program shall include the use of, and financial assistance to cover increased
p.(None): costs to the carriers associated with the use and maintenance of, blast-resistant containers, including
p.(None): increased fuel costs.
p.(None): (c) TECHNOLOGICAL IMPROVEMENTS.—The Secretary of Home- land Security, in cooperation with the Secretary of
p.(None): Transportation, shall support efforts to explore alternative technologies for mini- mizing the potential
p.(None): effects of detonation of an explosive device on cargo and passenger aircraft.
p.(None): (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out subsections (a)
p.(None): and (b) $2,000,000. Such sum shall remain available until expended.
p.(None): SEC. 4052. AIR CARGO SECURITY.
p.(None): (a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Sec- retary of Homeland Security (Transportation
p.(None): Security Administra- tion) shall develop technology to better identify, track, and screen air cargo.
p.(None): (b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—There is authorized to be appropriated to the Secretary of
p.(None): Homeland Security for the use of the Transportation Security Administration, in addi- tion to any amounts otherwise
p.(None): authorized by law, for the purpose of improving aviation security related to the transportation of cargo on both
p.(None): passenger aircraft and all-cargo aircraft—
p.(None): (1) $200,000,000 for fiscal year 2005;
p.(None): (2) $200,000,000 for fiscal year 2006; and (3) $200,000,000 for fiscal year 2007.
p.(None): Such sums shall remain available until expended.
p.(None): (c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To carry out subsection (a), there is authorized to be appropriated
p.(None): to the Sec- retary, in addition to any amounts otherwise authorized by law, for research and development
p.(None): related to enhanced air cargo security technology as well as for deployment and installation of enhanced air
p.(None): cargo security technology—
p.(None): (1) $100,000,000 for fiscal year 2005;
p.(None):
p.(None):
p.(None):
...
p.(None): (1)(C)(i);
p.(None): (III) provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who
p.(None): have not received such training; and
p.(None): (IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
p.(None): (4) ASSISTANCE TO OTHERS.—The Secretary of Homeland Security may assist States, Indian tribes, local
p.(None): governments, and private organizations to establish training programs related to terrorist travel intelligence.
p.(None): (5) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated such sums as may be necessary
p.(None): for
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3813
p.(None):
p.(None):
p.(None): each of the fiscal years 2005 through 2009 to carry out the provisions of this subsection.
p.(None): (e) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS.—
p.(None): (1) IN GENERAL.—The Director of National Intelligence shall significantly increase resources and personnel to the
p.(None): small classified program that collects and analyzes intelligence on terrorist travel.
p.(None): (2) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated for each of the fiscal years 2005
p.(None): through 2009 such sums as may be necessary to carry out this sub- section.
p.(None): SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAF- FICKING CENTER.
p.(None): (a) ESTABLISHMENT.—There is established a Human Smuggling and Trafficking Center (referred to in this section as the
p.(None): ‘‘Center’’).
p.(None): (b) OPERATION.—The Secretary of State, the Secretary of Home- land Security, and the Attorney General shall
p.(None): operate the Center in accordance with the Memorandum of Understanding entitled, ‘‘Human Smuggling and
p.(None): Trafficking Center (HSTC), Charter’’.
p.(None): (c) FUNCTIONS.—In addition to such other responsibilities as the President may assign, the Center shall—
p.(None): (1) serve as the focal point for interagency efforts to address terrorist travel;
p.(None): (2) serve as a clearinghouse with respect to all relevant information from all Federal Government
p.(None): agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist
p.(None): travel and facilitation of migrant smuggling and trafficking of persons;
p.(None): (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence
p.(None): agencies of the Fed- eral Government to improve effectiveness and to convert all information available to
p.(None): the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and
p.(None): trafficking of persons into tactical, operational, and stra- tegic intelligence that can be used to combat such
p.(None): illegal activi- ties; and
p.(None): (4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities
p.(None): in the United States and foreign travel system that may be exploited by international terrorists, human
p.(None): smugglers and traffickers, and their facilitators.
p.(None): (d) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the President shall transmit
...
p.(None): (e) TECHNICAL AND CONFORMING AMENDMENT.—Section 656 of the Illegal Immigration Reform and Immigrant
p.(None): Responsibility Act of 1996 (5 U.S.C. 301 note) is repealed.
p.(None): SEC. 7212. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a motor vehicle operator’s license as defined in
p.(None): section 30301(5) of title 49, United States Code.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 30301
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3828 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) PERSONAL IDENTIFICATION CARD.—The term ‘‘personal identification card’’ means an identification
p.(None): document (as defined in section 1028(d)(3) of title 18, United States Code) issued by a State.
p.(None): (b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
p.(None): (1) IN GENERAL.—
p.(None): (A) LIMITATION ON ACCEPTANCE.—No Federal agency may accept, for any official purpose, a driver’s license
p.(None): or personal identification card newly issued by a State more than 2 years after the promulgation of the
p.(None): minimum stand- ards under paragraph (2) unless the driver’s license or personal identification card conforms
p.(None): to such minimum standards.
p.(None): (B) DATE FOR CONFORMANCE.—The Secretary of Transportation, in consultation with the Secretary of Home-
p.(None): land Security, shall establish a date after which no driver’s license or personal identification card shall be
p.(None): accepted by a Federal agency for any official purpose unless such driver’s license or personal
p.(None): identification card conforms to the minimum standards established under paragraph (2). The date shall be as
p.(None): early as the Secretary determines it is practicable for the States to comply with such date with reasonable
p.(None): efforts.
p.(None): (C) STATE CERTIFICATION.—
p.(None): (i) IN GENERAL.—Each State shall certify to the Secretary of Transportation that the State is in compli- ance
p.(None): with the requirements of this section.
p.(None): (ii) FREQUENCY.—Certifications under clause (i) shall be made at such intervals and in such a manner as the
p.(None): Secretary of Transportation, with the concur- rence of the Secretary of Homeland Security, may pre- scribe by
p.(None): regulation.
p.(None): (iii) AUDITS.—The Secretary of Transportation may conduct periodic audits of each State’s compliance with the
p.(None): requirements of this section.
p.(None):
p.(None): Deadline. Regulations.
p.(None): (2) MINIMUM STANDARDS.—Not later than 18 months after the date of enactment of this Act, the Secretary of
p.(None): Transpor- tation, in consultation with the Secretary of Homeland Security, shall by regulation, establish minimum
p.(None): standards for driver’s licenses or personal identification cards issued by a State for use by Federal
p.(None): agencies for identification purposes that shall include—
p.(None): (A) standards for documentation required as proof of identity of an applicant for a driver’s license or
p.(None): personal identification card;
...
p.(None): (C) develop, in consultation with other appropriate Fed- eral agencies and State and local authorities,
p.(None): appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety
p.(None): agencies;
p.(None): (D) accelerate, in consultation with other Federal agen- cies, including the National Institute of Standards and
p.(None): Technology, the private sector, and nationally recognized standards organizations as appropriate, the
p.(None): development of national voluntary consensus standards for public safety interoperable communications, recognizing—
p.(None): (i) the value, life cycle, and technical capabilities of existing communications infrastructure;
p.(None): (ii) the need for cross-border interoperability between States and nations;
p.(None): (iii) the unique needs of small, rural communities;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194.
p.(None):
p.(None): and
p.(None): (iv) the interoperability needs for daily operations
p.(None): and catastrophic events;
p.(None): (E) encourage the development and implementation of flexible and open architectures incorporating, where pos-
p.(None): sible, technologies that currently are commercially avail- able, with appropriate levels of security, for
p.(None): short-term and long-term solutions to public safety communications interoperability;
p.(None): (F) assist other Federal agencies in identifying prior- ities for research, development, and testing and
p.(None): evaluation with regard to public safety interoperable communications;
p.(None): (G) identify priorities within the Department of Home- land Security for research, development, and testing and
p.(None):
p.(None):
p.(None): 118 STAT. 3844 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): evaluation with regard to public safety interoperable communications;
p.(None): (H) establish coordinated guidance for Federal grant programs for public safety interoperable
p.(None): communications;
p.(None): (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition
p.(None): strategies, interoperability architectures, training, and other functions necessary to achieve public safety
p.(None): communications inter- operability;
p.(None): (J) develop and disseminate best practices to improve public safety communications interoperability; and
p.(None): (K) develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward
p.(None): achieving public safety communications interoper- ability, including the development of national voluntary
p.(None): consensus standards.
p.(None): (2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.—
p.(None): (A) ESTABLISHMENT OF OFFICE.—The Secretary may establish an Office for Interoperability and Compatibility
p.(None): within the Directorate of Science and Technology to carry out this subsection.
p.(None): (B) FUNCTIONS.—If the Secretary establishes such office, the Secretary shall, through such office—
p.(None): (i) carry out Department of Homeland Security responsibilities and authorities relating to the
p.(None): SAFECOM Program; and
p.(None): (ii) carry out section 510 of the Homeland Security Act of 2002, as added by subsection (d).
...
p.(None): and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information
p.(None): concerning nar- cotics activity within the Department and between the Department and other Federal, State,
p.(None): and local agencies; ‘‘(B) describe the results of those activities, using quan-
p.(None): tifiable data whenever possible;
p.(None): ‘‘(C) state whether those activities were sufficient to meet the responsibility of the Department to stop the
p.(None): entry of illegal drugs into the United States, including a descrip- tion of the performance measures of effectiveness
p.(None): that were used in making that determination; and
p.(None): ‘‘(D) recommend, where appropriate, changes to those activities to improve the performance of the
p.(None): Department in meeting its responsibility to stop the entry of illegal drugs into the United States.
p.(None): ‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA-
p.(None): TION.—Any content of a review and evaluation described in the reports required in this subsection that involves
p.(None): information classified under criteria established by an Executive order, or whose public disclosure, as
p.(None): determined by the Secretary, would be detrimental to the law enforcement or national secu- rity activities of the
p.(None): Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest
p.(None): of the review and evaluation.’’.
p.(None): (b) CONFORMING AMENDMENTS.—Section 103(a) of the Home- land Security Act of 2002 (6 U.S.C. 113(a)) is amended—
p.(None): (1) by redesignating paragraphs (8) and (9) as paragraphs
p.(None): (9) and (10), respectively; and
p.(None): (2) by inserting after paragraph (7) the following:
p.(None): ‘‘(8) A Director of the Office of Counternarcotics Enforce- ment.’’.
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appro- priated for the Department of Homeland Security for
p.(None): Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out
p.(None): section 878 of the Department of Homeland Security Act of 2002.
p.(None):
p.(None):
p.(None): 118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 413.
p.(None): SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): (a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.)
p.(None): is amended by adding at the end the following:
p.(None): ‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): ‘‘(a) IN GENERAL.—Each subdivision of the Department that is a National Drug Control Program Agency
p.(None): shall include as one of the criteria in its performance appraisal system, for each employee
p.(None): directly or indirectly involved in the enforcement of Fed- eral, State, or local narcotics laws, the performance of
p.(None): that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest
p.(None): extent practicable on objective perform- ance measures, including—
p.(None): ‘‘(1) the contribution of that employee to seizures of nar- cotics and arrests of violators of Federal, State,
p.(None): or local narcotics laws; and
p.(None): ‘‘(2) the degree to which that employee cooperated with or contributed to the efforts of other
p.(None): employees, either within the Department or other Federal, State, or local agencies, in counternarcotics
p.(None): enforcement.
p.(None): ‘‘(b) DEFINITIONS.—For purposes of this section—
p.(None): ‘‘(1) the term ‘National Drug Control Program Agency’ means—
p.(None): ‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National
p.(None): Drug Control Policy Reauthorization Act of 1998 (as last in effect); and
p.(None): ‘‘(B) any subdivision of the Department that has a significant counternarcotics responsibility, as
p.(None): determined by—
p.(None): ‘‘(i) the counternarcotics officer, appointed under section 878; or
p.(None): ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor in function (as determined by the Secretary);
p.(None): and
p.(None): ‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job
p.(None): performance of employees are made, whether under chapter 43 of title 5, United States Code, or otherwise.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting
p.(None): after the item relating to section 842 the following:
p.(None):
p.(None): ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’.
p.(None):
p.(None): Subtitle E—Public Safety Spectrum
p.(None): SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
p.(None): (a) FINDINGS.—Congress finds the following:
p.(None): (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital
p.(None): broadcasts
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855
p.(None):
p.(None): simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
p.(None): (2) Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television
p.(None): broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than—
p.(None): (A) December 31, 2006; or
p.(None): (B) the date on which more than 85 percent of the television households in the market of such
p.(None): broadcaster can view digital broadcast television channels using a dig- ital television, a digital-to-analog
p.(None): converter box, cable service, or satellite service.
p.(None): (3) Twenty-four megahertz of spectrum occupied by tele- vision broadcasters has been earmarked for
p.(None): use by first responders as soon as the television broadcasters return the spectrum broadcasters being
p.(None): used to provide analog trans- missions. This spectrum would be ideal to provide first responders
p.(None): with interoperable communications channels.
p.(None): (4) Large parts of the vacated spectrum could be auctioned for advanced commercial services, such as wireless
...
Searching for indicator property:
(return to top)
p.(None): Subtitle E—Additional Improvements of Intelligence Activities
p.(None): Sec. 1051. Service and national laboratories and the intelligence community. Sec. 1052. Open-source intelligence.
p.(None): Sec. 1053. National Intelligence Reserve Corps.
p.(None): Subtitle F—Privacy and Civil Liberties Sec. 1061. Privacy and Civil Liberties Oversight Board.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3639
p.(None):
p.(None): Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): Sec. 1071. Conforming amendments relating to roles of Director of National Intel- ligence and Director of
p.(None): the Central Intelligence Agency.
p.(None): Sec. 1072. Other conforming amendments.
p.(None): Sec. 1073. Elements of intelligence community under National Security Act of 1947. Sec. 1074. Redesignation of
p.(None): National Foreign Intelligence Program as National In-
p.(None): telligence Program.
p.(None): Sec. 1075. Repeal of superseded authority.
p.(None): Sec. 1076. Clerical amendments to National Security Act of 1947.
p.(None): Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di- rector of the Central
p.(None): Intelligence Agency.
p.(None): Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
p.(None): Sec. 1079. Ethics matters.
p.(None): Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and
p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
...
p.(None): programs the Director shall serve as milestone decision authority jointly with the Secretary of Defense or the
p.(None): designee of the Secretary; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports. President.
p.(None): ‘‘(C) periodically—
p.(None): ‘‘(i) review and assess the progress made toward the achievement of the goals and milestones established
p.(None): in such plan; and
p.(None): ‘‘(ii) submit to Congress a report on the results of such review and assessment.
p.(None): ‘‘(2) If the Director of National Intelligence and the Secretary of Defense are unable to reach an agreement
p.(None): on a milestone decision under paragraph (1)(B), the President shall resolve the conflict. ‘‘(3) Nothing in
p.(None): this subsection may be construed to limit the authority of the Director of National Intelligence to
p.(None): delegate to any other official any authority to perform the responsibilities of
p.(None): the Director under this subsection. ‘‘(4) In this subsection:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3655
p.(None):
p.(None):
p.(None): ‘‘(A) The term ‘intelligence program’, with respect to the acquisition of a major system, means a program that—
p.(None): ‘‘(i) is carried out to acquire such major system for an element of the intelligence community; and
p.(None): ‘‘(ii) is funded in whole out of amounts available for the National Intelligence Program.
p.(None): ‘‘(B) The term ‘major system’ has the meaning given such term in section 4(9) of the Federal Property and
p.(None): Administrative Services Act of 1949 (41 U.S.C. 403(9)).
p.(None): ‘‘(r) PERFORMANCE OF COMMON SERVICES.—The Director of
p.(None): National Intelligence shall, in consultation with the heads of depart- ments and agencies of the United States
p.(None): Government containing elements within the intelligence community and with the Director of the Central
p.(None): Intelligence Agency, coordinate the performance by the elements of the intelligence community within the
p.(None): National Intelligence Program of such services as are of common concern to the intelligence community,
p.(None): which services the Director of National Intelligence determines can be more efficiently accom- plished
p.(None): in a consolidated manner.
p.(None): ‘‘OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTEL-
p.(None): LIGENCE.—There is an Office of the Director of National Intelligence. ‘‘(b) FUNCTION.—The function of the Office
p.(None): of the Director of National Intelligence is to assist the Director of National Intel- ligence in carrying
p.(None): out the duties and responsibilities of the Director under this Act, the National Security Act of 1947 (50
p.(None): U.S.C. 401 et seq.), and other applicable provisions of law, and to carry out such other duties as may
p.(None): be prescribed by the President or by
p.(None): law.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. 50 USC 403–3.
p.(None): ‘‘(c) COMPOSITION.—The Office of the Director of National Intel- ligence is composed of the following:
...
p.(None):
p.(None): (2) by inserting after subclause (XIII) the following new subclause:
p.(None): ‘‘(XIV) the Office of the Director of National Intel- ligence; or’’.
p.(None): (b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 7342(f)(4) of title 5, United States Code, is amended—
p.(None): (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
p.(None): (2) in subparagraph (A), as so designated, by striking ‘‘the Director of Central Intelligence’’ and inserting
p.(None): ‘‘the Director of the Central Intelligence Agency’’; and
p.(None): (3) by adding at the end the following new subparagraph: ‘‘(B) In transmitting such listings for the Office of
p.(None): the Director
p.(None): of National Intelligence, the Director of National Intelligence may delete the information described in
p.(None): subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the
p.(None): Secretary of State that the publication of such information could adversely affect United States intelligence
p.(None): sources.’’.
p.(None): (c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section
p.(None):
p.(None): 5 USC app. 105.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None): 105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting ‘‘the Office of
p.(None): the Director of National Intel- ligence,’’ before ‘‘the Central Intelligence Agency’’.
p.(None): SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIRE AND
p.(None): MANAGE PROPERTY AND SERVICES.
p.(None): Section 113(e) of title 40, United States Code, is amended—
p.(None): (1) in paragraph (18), by striking ‘‘or’’ at the end;
p.(None): (2) in paragraph (19), by striking the period at the end and inserting ‘‘; or’’; and
p.(None): (3) by adding at the end the following new paragraph: ‘‘(20) the Office of the Director of National
p.(None): Intelligence.’’.
p.(None): SEC. 1081. GENERAL REFERENCES.
p.(None): (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTEL- LIGENCE COMMUNITY.—Any reference to the
p.(None): Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s
p.(None): capacity as the head of the intelligence community in any law, regulation, document, paper, or other
p.(None): record of the United States shall be deemed to be a reference to the Director of National Intelligence.
p.(None): (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.— Any reference to the Director of Central Intelligence or
p.(None): the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central
p.(None): Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be
p.(None): deemed to be a reference to the Director of the Central Intelligence Agency.
p.(None): (c) COMMUNITY MANAGEMENT STAFF.—Any reference to the Community Management Staff in any law, regulation,
p.(None): document, paper, or other record of the United States shall be deemed to be a reference to the staff of the
p.(None): Office of the Director of National Intelligence.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
...
p.(None): (1) The Assistant Director of Central Intelligence for Collec- tion.
p.(None): (2) The Assistant Director of Central Intelligence for Anal- ysis and Production.
p.(None): (3) The Assistant Director of Central Intelligence for Administration.
p.(None): SEC. 1094. IMPLEMENTATION PLAN.
p.(None): The President shall transmit to Congress a plan for the implementation of this title and the
p.(None): amendments made by this title. The plan shall address, at a minimum, the following:
p.(None): (1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant
p.(None): to this title.
p.(None): (2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of
p.(None): National Intelligence pursuant to this title.
p.(None): (3) The establishment of offices within the Office of the Director of National Intelligence to implement
p.(None): the duties and responsibilities of the Director of National Intelligence as described in this title.
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3698 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets
p.(None): and obligations to be transferred to the Director of National Intelligence.
p.(None): (5) Recommendations for additional legislative or adminis- trative action as the President considers appropriate.
p.(None):
p.(None): 50 USC 401 note.
p.(None): SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE
p.(None): COMMUNITY REFORM.
p.(None): (a) REPORT.—Not later than one year after the effective date of this Act, the Director of National
p.(None): Intelligence shall submit to the congressional intelligence committees a report on the progress made in the
p.(None): implementation of this title, including the amendments made by this title. The report shall include a comprehensive
p.(None): descrip- tion of the progress made, and may include such recommendations for additional legislative or
p.(None): administrative action as the Director considers appropriate.
p.(None): (b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congressional
p.(None): intelligence committees’’ means—
p.(None): (1) the Select Committee on Intelligence of the Senate;
p.(None):
p.(None): and
p.(None): (2) the Permanent Select Committee on Intelligence of the
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None): Regulations.
p.(None): House of Representatives.
p.(None): SEC. 1096. TRANSITIONAL AUTHORITIES.
...
p.(None): (C) the degree of information certainty and the range of threat levels that are to be identified for
p.(None): an individual; and
p.(None):
p.(None):
p.(None):
p.(None): Public information.
p.(None): (D) the range of applicable consequences that are to apply to an individual, if located.
p.(None): (3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information
p.(None): and classi- fied information and the administration of applicable law, the report shall be submitted in
p.(None): unclassified form and shall be
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3719
p.(None):
p.(None):
p.(None): available to the public. The report may contain a classified annex if necessary.
p.(None): SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIR- PORT SCREENING CHECKPOINTS.
p.(None): (a) IN GENERAL.—Subchapter I of chapter 449, of title 49, United States Code, is amended by adding at the end
p.(None): the following:
p.(None): ‘‘§ 44925. Deployment and use of detection equipment at air- port screening checkpoints
p.(None): ‘‘(a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland Security shall give a high priority to developing,
p.(None): testing, improving, and deploying, at airport screening checkpoints, equipment that detects nonmetallic,
p.(None): chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their
p.(None): personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can
p.(None): detect under realistic oper- ating conditions the types of weapons and explosives that terrorists would likely try to
p.(None): smuggle aboard an air carrier aircraft.
p.(None): ‘‘(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Assistant
p.(None): Secretary of Home- land Security (Transportation Security Administration) shall submit to the appropriate
p.(None): congressional committees a strategic plan to promote the optimal utilization and deployment of explosive
p.(None): detection equipment at airports to screen individuals and their personal property. Such equipment includes walk-
p.(None): through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The
p.(None): plan may be submitted in a classified format.
p.(None): ‘‘(2) CONTENT.—The strategic plan shall include, at minimum—
p.(None): ‘‘(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
p.(None): ‘‘(B) a description of the operational applications of explosive detection equipment at airport screening
p.(None): check-
p.(None): points;
p.(None): ‘‘(C) a deployment schedule and a description of the quantities of equipment needed to implement the
p.(None): plan; ‘‘(D) a description of funding needs to implement the plan, including a financing plan that provides for
p.(None): leveraging
p.(None): of non-Federal funding;
p.(None): ‘‘(E) a description of the measures taken and antici- pated to be taken in carrying out subsection (d); and
p.(None): ‘‘(F) a description of any recommended legislative actions.
p.(None): ‘‘(c) PORTAL DETECTION SYSTEMS.—There is authorized to be appropriated to the Secretary of Homeland
p.(None): Security for the use of the Transportation Security Administration $250,000,000, in addition to any amounts
p.(None): otherwise authorized by law, for research, development, and installation of detection systems and other devices for
p.(None): the detection of biological, chemical, radiological, and explosive materials.
p.(None): ‘‘(d) INTERIM ACTION.—Until measures are implemented that enable the screening of all passengers for explosives,
p.(None): the Assistant Secretary shall provide, by such means as the Assistant Secretary
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): that endan-
p.(None): gered their lives; or
p.(None): ‘‘(ii) the aliens presented a life-threatening health risk to people in the United States.’’.
p.(None): (b) OUTREACH PROGRAM.—Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by
p.(None): subsection (a), is further amended by adding at the end the following:
p.(None): ‘‘(e) OUTREACH PROGRAM.—The Secretary of Homeland Secu- rity, in consultation with the Attorney General
p.(None): and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate
p.(None): the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation
p.(None): of this section.’’.
p.(None): SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY- TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
p.(None): Section 237(a)(4) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(4)) is amended by adding at the end the following: ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.—
p.(None): ‘‘(i) IN GENERAL.—Any alien who has received mili- tary-type training from or on behalf of any organization that, at
p.(None): the time the training was received, was a terrorist organization (as defined in subclause (I) or
p.(None): (II) of section 212(a)(3)(B)(vi)), is deportable.
p.(None): ‘‘(ii) DEFINITION.—As used in this subparagraph, the term ‘military-type training’ includes training in
p.(None): means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt
p.(None): services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive,
p.(None): firearm, or other weapon, including any weapon of mass destruction (as defined in section 2332a(c)(2) of
p.(None): title 18, United States Code).’’.
p.(None): SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
p.(None): (a) STUDY.—Commencing not later than 30 days after the date of the enactment of this Act, the Comptroller General of
p.(None): the United States shall conduct a study to evaluate the extent to which weak- nesses in the United States asylum
p.(None): system and withholding of removal system have been or could be exploited by aliens connected to, charged in
p.(None): connection with, or tied to terrorist activity.
p.(None): (b) ELEMENTS.—The study under subsection (a) shall address, but not be limited to, the following:
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3738 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
...
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
p.(None): (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is
p.(None): to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform
p.(None): or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines
p.(None): by regu- lation that such exclusion would serve the public interest); but
p.(None): (B) does not include—
p.(None): (i) employees whose duties are primarily internal audit or credit functions;
p.(None): (ii) employees of electronic security system compa- nies acting as technicians or monitors; or
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
p.(None): of a participating State, fingerprints or other means of positive identification, as determined by the Attorney
p.(None): Gen- eral, of an employee of such employer for purposes of a criminal history record information search
p.(None): pursuant to this Act.
p.(None): (B) EMPLOYEE RIGHTS.—
p.(None): (i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the
p.(None): State identification bureau of the participating State the request to search the criminal history record
p.(None): information of the employee under this Act.
p.(None): (ii) ACCESS.—An authorized employer shall provide to the employee confidential access to any information relating to
p.(None): the employee received by the authorized employer pursuant to this Act.
p.(None): (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal
...
p.(None): the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
p.(None): ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under this
p.(None): section. There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and
p.(None): Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in
p.(None): section 101(a)(20) of the Immigra- tion and Nationality Act);
p.(None): ‘‘(2) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(3) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(4) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(5) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(6) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).
p.(None): ‘‘(c) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious
p.(None): bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the
p.(None): use, storage, production, or assembly of any explosive, firearm or other weapon, including
p.(None):
p.(None): Material Support to Terrorism Prohibition Enhancement Act of 2004.
p.(None): 18 USC 2331
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): any weapon of mass destruction (as defined in section 2232a(c)(2));
p.(None): ‘‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365(h)(3);
p.(None): ‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national
p.(None): security, economic security, public health or safety including both regional and national infrastructure.
p.(None): Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and
p.(None): oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical
p.(None): power generation or delivery systems, financing and banking systems, emergency services (including medical, police,
p.(None): fire, and rescue services), and transportation systems and services (including highways, mass transit,
p.(None): airlines, and airports); and
p.(None): ‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist
p.(None): organization under sec- tion 219(a)(1) of the Immigration and Nationality Act.’’.
p.(None): SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUP- PORT TO TERRORISM.
p.(None): (a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended—
p.(None): (1) in section 2332b(g)(5)(B)(i)—
p.(None): (A) by inserting ‘‘1361 (relating to government property or contracts),’’ before ‘‘1362’’; and
p.(None): (B) by inserting ‘‘2156 (relating to national defense material, premises, or utilities),’’ before ‘‘2280’’; and
p.(None): (2) in section 2339A—
p.(None): (A) by striking ‘‘or’’ before ‘‘section 46502’’; and
p.(None): (B) by inserting ‘‘or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and
p.(None): 2339B)’’ after ‘‘section 60123(b) of title 49,’’.
p.(None): (b) DEFINITIONS.—Section 2339A(b) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(b) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘material support or resources’ means any property, tangible or intangible, or service,
p.(None): including currency or monetary instruments or financial securities, financial serv- ices, lodging, training, expert
p.(None): advice or assistance, safehouses, false documentation or identification, communications equip- ment,
p.(None): facilities, weapons, lethal substances, explosives, per- sonnel (1 or more individuals who may be or
p.(None): include oneself), and transportation, except medicine or religious materials;
p.(None): ‘‘(2) the term ‘training’ means instruction or teaching designed to impart a specific skill, as opposed
p.(None): to general knowl- edge; and
p.(None): ‘‘(3) the term ‘expert advice or assistance’ means advice or assistance derived from scientific, technical or
p.(None): other special- ized knowledge.’’.
p.(None): (c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section
p.(None): 2339B(a)(1) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, within the United States or subject to the jurisdiction of the United States,’’; and
p.(None): (2) by adding at the end the following: ‘‘To violate this paragraph, a person must have knowledge that the
p.(None): organization
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3763
p.(None):
p.(None): is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages
p.(None): in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that
p.(None): the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign
p.(None): Relations Authorization Act, Fiscal Years 1988 and 1989).’’.
...
p.(None): years, or both’’ and inserting ‘‘be fined under this title, imprisoned not more than 5 years or, if the offense
p.(None): involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or
p.(None): both’’.
p.(None):
p.(None): Deadline.
p.(None): 28 USC 994 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Weapons of Mass Destruction Prohibition Improvement Act of 2004.
p.(None): 18 USC 1 note.
p.(None): (b) SENTENCING GUIDELINES.—Not later than 30 days of the enactment of this section, the United States
p.(None): Sentencing Commission shall amend the Sentencing Guidelines to provide for an increased offense level for an
p.(None): offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves
p.(None): international or domestic terrorism, as defined in section 2331 of such title.
p.(None): SEC. 6704. CLARIFICATION OF DEFINITION.
p.(None): Section 1958 of title 18, United States Code, is amended—
p.(None): (1) in subsection (a), by striking ‘‘facility in’’ and inserting ‘‘facility of’’; and
p.(None): (2) in subsection (b)(2), by inserting ‘‘or foreign’’ after ‘‘inter- state’’.
p.(None):
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004
p.(None): SEC. 6801. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Weapons of Mass Destruction Prohibition Improvement Act of 2004’’.
p.(None): SEC. 6802. WEAPONS OF MASS DESTRUCTION.
p.(None): (a) EXPANSION OF JURISDICTIONAL BASES AND SCOPE.—Section 2332a of title 18, United States Code, is amended—
p.(None): (1) so that paragraph (2) of subsection (a) reads as follows: ‘‘(2) against any person or property within the
p.(None): United
p.(None): States, and
p.(None): ‘‘(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
p.(None): ‘‘(B) such property is used in interstate or foreign com- merce or in an activity that affects interstate or
p.(None): foreign commerce;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3767
p.(None):
p.(None):
p.(None): ‘‘(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in
p.(None): furtherance of the offense; or
p.(None): ‘‘(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a
p.(None): threat, attempt, or conspiracy, would have affected interstate or foreign commerce;’’;
p.(None): (2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting ‘‘; or’’;
p.(None): (3) in subsection (a), by adding the following at the end: ‘‘(4) against any property within the United
p.(None): States that
p.(None): is owned, leased, or used by a foreign government,’’;
p.(None): (4) at the end of subsection (c)(1), by striking ‘‘and’’;
p.(None): (5) in subsection (c)(2), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (6) in subsection (c), by adding at the end the following: ‘‘(3) the term ‘property’ includes all real and
p.(None): personal prop-
p.(None): erty.’’.
p.(None): (b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.— Section 2332a of title 18, United States Code, as
p.(None): amended by subsection (a), is further amended—
p.(None): (1) in the section heading, by striking ‘‘certain’’;
p.(None): (2) in subsection (a), by striking ‘‘(other than a chemical weapon as that term is defined in section 229F)’’;
p.(None): and
p.(None): (3) in subsection (b), by striking ‘‘(other than a chemical weapon (as that term is defined in section
p.(None): 229F))’’.
p.(None): (c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT TO PROHIBITIONS RELATING TO SELECT AGENTS.—Section
p.(None): 175b(d)(2) of title 18, United States Code, is amended—
p.(None): (1) in subparagraph (G) by—
p.(None): (A) inserting ‘‘(i)’’ after ‘‘(G)’’;
p.(None): (B) inserting ‘‘, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a
p.(None): government or official of a country described in this subparagraph’’ after ‘‘terrorism’’; and
p.(None): (C) striking ‘‘or’’ after the semicolon.
p.(None): (2) in subparagraph (H) by striking the period and inserting ‘‘; or’’; and
p.(None): (3) by adding at the end the following new subparagraph: ‘‘(I) is a member of, acts for or on behalf of, or
p.(None): operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi)
p.(None): of the Immigration
p.(None): and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’.
p.(None): (d) CONFORMING AMENDMENT TO REGULATIONS.—
p.(None): (1) Section 175b(a)(1) of title 18, United States Code, is amended by striking ‘‘as a select agent in
...
p.(None): special nuclear material’’.
p.(None): (b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended—
p.(None): (1) by inserting ‘‘, inside or outside of the United States,’’ after ‘‘for any person’’; and
p.(None): (2) by inserting ‘‘participate in the development of,’’ after ‘‘interstate or foreign commerce,’’.
p.(None): (c) Title 18, United States Code, is amended—
p.(None): (1) in the table of sections at the beginning of chapter 39, by inserting after the item relating to
p.(None): section 831 the following:
p.(None): ‘‘832. Participation in nuclear and weapons of mass destruction threats to the United States.’’;
p.(None): (2) by inserting after section 831 the following:
p.(None): ‘‘§ 832. Participation in nuclear and weapons of mass destruc- tion threats to the United States
p.(None): ‘‘(a) Whoever, within the United States or subject to the jurisdic- tion of the United States, willfully
p.(None): participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear
p.(None): weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or
p.(None): conspires to do so, shall be imprisoned for not more than 20 years.
p.(None): ‘‘(b) There is extraterritorial Federal jurisdiction over an offense under this section.
p.(None): ‘‘(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess
p.(None): a radiological weapon, or threatens to use or uses a radiological weapon against any person within the
p.(None): United States, or a national of the United States while such national is outside of the United States or
p.(None): against any property that is owned, leased, funded, or used by the United States, whether that property
p.(None): is within or outside of the United States, shall be imprisoned for any term of years or for life.
p.(None): ‘‘(d) As used in this section—
p.(None): ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
p.(None): to participation in nuclear and weapons of mass destruction threats to the United States)’’.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
p.(None): SEC. 6901. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’.
p.(None): SEC. 6902. FINDINGS AND PURPOSE.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘MANPADS’’) presents
p.(None): a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that
p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
p.(None): (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes
p.(None): fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention,
p.(None): meaning that it is believed to pose the greatest potential threat for adverse public health impact and has
p.(None): a moderate to high potential for large-scale dissemination. The last case of smallpox in the United
p.(None): States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox
p.(None): has been officially eradicated after a successful worldwide vaccination program, there remain two official
p.(None): repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal
p.(None): to terrorists.
p.(None): (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola
p.(None): virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign
p.(None): policy, economy, and environment of the United States. Accordingly, the United States has a compel- ling national
p.(None): security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including
p.(None): their unauthorized production, construction, acquisition, transfer, possession, import, or export. All
p.(None): of these activities markedly increase the chances that such items will be obtained by terrorist organizations or
...
p.(None): rocket or missile to—
p.(None): ‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an
p.(None): aircraft; or
p.(None): ‘‘(ii) otherwise direct or guide the rocket or missile to an aircraft;
p.(None): ‘‘(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
p.(None): ‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a
p.(None): rocket, missile, or device described in subparagraph (A) or (B). ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not
p.(None): apply to any
p.(None): device that is neither designed nor redesigned for use as a weapon.
p.(None): ‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof or of
p.(None): a State or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof or with a State or any department or agency thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3771
p.(None):
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
p.(None): ‘‘(d) DEFINITION.—As used in this section, the term ‘aircraft’ has the definition set forth in section
p.(None): 40102(a)(6) of title 49, United States Code.’’.
p.(None): SEC. 6904. ATOMIC WEAPONS.
p.(None): (a) PROHIBITIONS.—Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended—
p.(None): (1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’;
p.(None): (2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’;
p.(None): (3) by striking ‘‘or’’ before ‘‘export’’;
p.(None): (4) by striking ‘‘transfer or receive in interstate or foreign commerce,’’ before ‘‘manufacture’’;
p.(None): (5) by inserting ‘‘receive,’’ after ‘‘acquire,’’;
p.(None): (6) by inserting ‘‘, or use, or possess and threaten to use,’’ before ‘‘any atomic weapon’’; and
p.(None): (7) by inserting at the end the following:
p.(None): ‘‘b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the
p.(None): United States and is committed by a national of the United States;
p.(None): ‘‘(2) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(3) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(4) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.’’.
p.(None): (b) VIOLATIONS.—Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by—
p.(None): (1) inserting at the beginning ‘‘a.’’ before ‘‘Whoever’’;
p.(None): (2) striking ‘‘, 92,’’; and
p.(None): (3) inserting at the end the following:
p.(None): ‘‘b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than
p.(None): $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person
p.(None): who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and
p.(None): threatens to use, any atomic weapon shall be fined not more than $2,000,000
p.(None):
p.(None):
p.(None): 118 STAT. 3772 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from
p.(None): a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by
p.(None): imprisonment for life.’’.
p.(None): SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following:
p.(None): ‘‘§ 2332h. Radiological dispersal devices
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to
p.(None): human life; or
p.(None): ‘‘(B) any device or other object that is capable of and designed or intended to endanger human life
p.(None): through the release of radiation or radioactivity.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3773
p.(None):
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.’’.
p.(None): SEC. 6906. VARIOLA VIRUS.
p.(None): Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
p.(None): ‘‘§ 175c. Variola virus
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, engi- neer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or
p.(None): use, or possess and threaten to use, variola virus.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply to conduct by, or under the authority of, the Secretary of
p.(None): Health and Human Services.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
p.(None): ‘‘(d) DEFINITION.—As used in this section, the term ‘variola virus’ means a virus that can cause human smallpox
p.(None): or any deriva- tive of the variola major virus that contains more than 85 percent of the gene sequence of the
p.(None): variola major virus or the variola minor virus.’’.
p.(None):
...
p.(None): (h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE COMMUNICATIONS.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3847
p.(None):
p.(None):
p.(None): (1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.—Section 502(7) of the Homeland Security Act of
p.(None): 2002 (6 U.S.C. 312(7)) is amended—
p.(None): (A) by striking ‘‘developing comprehensive programs for developing interoperative communications technology,
p.(None): and’’; and
p.(None): (B) by striking ‘‘such’’ and inserting ‘‘interoperable communications’’.
p.(None): (2) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 430(c) of such Act (6 U.S.C. 238(c)) is amended—
p.(None): (A) in paragraph (7) by striking ‘‘and’’ after the semi- colon;
p.(None): (B) in paragraph (8) by striking the period and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(9) helping to ensure the acquisition of interoperable communication technology by State and local
p.(None): governments and emergency response providers.’’.
p.(None): (i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMU-
p.(None): NICATIONS.—
p.(None): (1) FINDING.—The Congress finds that—
p.(None): (A) many first responders working in the same jurisdic- tion or in different jurisdictions cannot effectively and effi-
p.(None): ciently communicate with one another; and
p.(None): (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and
p.(None): property.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that interoperable emergency communications systems and
p.(None): radios should continue to be deployed as soon as practicable for use by the first responder community, and
p.(None): that upgraded and new digital communications systems and new digital radios must meet prevailing national,
p.(None): voluntary consensus standards for interoperability.
p.(None): SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
p.(None): (a) PILOT PROJECTS.—Consistent with sections 302 and 430 of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 182, 238), not later than 90 days after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall establish not fewer than
p.(None): 2 pilot projects in high threat urban areas or regions that are likely to implement a national model
p.(None): strategic plan.
p.(None): (b) PURPOSES.—The purposes of the pilot projects required by this section shall be to develop a regional
p.(None): strategic plan to foster interagency communication in the area in which it is established and coordinate
p.(None): the gathering of all Federal, State, and local first responders in that area, consistent with the national
p.(None): strategic plan developed by the Department of Homeland Security.
p.(None): (c) SELECTION CRITERIA.—In selecting urban areas for the loca- tion of pilot projects under this section,
p.(None): the Secretary shall consider—
p.(None): (1) the level of risk to the area, as determined by the Department of Homeland Security;
...
p.(None): preparedness in assessing insurability and credit- worthiness, to ensure that private sector investment in
p.(None): disaster and emergency preparedness is appropriately encouraged.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None): SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRA- STRUCTURE SIMULATION AND ANALYSIS CENTER.
p.(None): (a) IN GENERAL.—The Director of National Intelligence shall establish a formal relationship, including
p.(None): information sharing, between the elements of the intelligence community and the National
p.(None): Infrastructure Simulation and Analysis Center.
p.(None): (b) PURPOSE.—The purpose of the relationship under subsection
p.(None): (a) shall be to permit the intelligence community to take full advan- tage of the capabilities of the National
p.(None): Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3865
p.(None):
p.(None): analysis, for real time response to reported threats and long term planning for projected threats.
p.(None): Subtitle B—Department of Homeland Security Matters
p.(None):
p.(None):
p.(None): SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Geospatial technologies and geospatial data improve government capabilities to detect, plan for,
p.(None): prepare for, and respond to disasters in order to save lives and protect property.
p.(None): (2) Geospatial data improves the ability of information technology applications and systems to enhance public
p.(None): security in a cost-effective manner.
p.(None): (3) Geospatial information preparedness in the United States, and specifically in the Department of
p.(None): Homeland Secu- rity, is insufficient because of—
p.(None): (A) inadequate geospatial data compatibility;
p.(None): (B) insufficient geospatial data sharing; and
p.(None): (C) technology interoperability barriers.
p.(None): (b) HOMELAND SECURITY GEOSPATIAL INFORMATION.—Section 703 of the Homeland Security Act of 2002
p.(None): (6 U.S.C. 343) is amended—
p.(None): (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Chief Information’’; and
p.(None): (2) by adding at the end the following: ‘‘(b) GEOSPATIAL INFORMATION FUNCTIONS.—
p.(None): ‘‘(1) DEFINITIONS.—As used in this subsection:
p.(None): ‘‘(A) GEOSPATIAL INFORMATION.—The term ‘geospatial information’ means graphical or digital data depicting nat- ural
p.(None): or manmade physical features, phenomena, or bound- aries of the earth and any information related thereto,
p.(None): including surveys, maps, charts, remote sensing data, and images.
p.(None): ‘‘(B) GEOSPATIAL TECHNOLOGY.—The term ‘geospatial technology’ means any technology utilized by
p.(None): analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or
p.(None): engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—
p.(None): ‘‘(i) global satellite surveillance systems; ‘‘(ii) global position systems;
p.(None): ‘‘(iii) geographic information systems; ‘‘(iv) mapping equipment;
p.(None): ‘‘(v) geocoding technology; and ‘‘(vi) remote sensing devices.
p.(None): ‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.—
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p.(None): dure to be followed in that House in the case of such approval resolutions; and it supersedes other
p.(None): rules only to the extent that they are inconsistent therewith; and
p.(None): (B) with full recognition of the constitutional right of either House to change the rules (so far as
p.(None): relating to the procedure of that House) at any time, in the same manner and to the same extent as in
p.(None): the case of any other rule of that House.
p.(None): (2) APPROVAL RESOLUTION.—For the purpose of this sub- section, the term ‘‘approval resolution’’ means a joint
p.(None): resolution of Congress, the matter after the resolving clause of which is as follows: ‘‘That the Congress
p.(None): approves the proposed stand- ards issued under section 7220 of the 9/11 Commission Implementation Act
p.(None): of 2004, transmitted by the President to the Congress on llllll’’, the blank space being filled in with
p.(None): the appropriate date.
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (3) INTRODUCTION.—Not later than the first day of session following the day on which proposed standards are transmitted
p.(None): to the House of Representatives and the Senate under sub- section (a), an approval resolution—
p.(None): (A) shall be introduced (by request) in the House by the Majority Leader of the House of
p.(None): Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by
p.(None): Members of the House of Rep- resentatives designated by the Majority Leader and Minority Leader of the
p.(None): House; and
p.(None): (B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself
p.(None): or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the
p.(None): Majority Leader and Minority Leader of the Senate.
p.(None): (4) PROHIBITIONS.—
p.(None): (A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the House of
p.(None): Rep- resentatives or the Senate.
p.(None): (B) MOTIONS TO SUSPEND.—No motion to suspend the application of this paragraph shall be in order in
p.(None): either House, nor shall it be in order in either House for the Presiding Officer to entertain a request
p.(None): to suspend the application of this paragraph by unanimous consent.
p.(None): (5) REFERRAL.—
p.(None): (A) IN GENERAL.—An approval resolution shall be referred to the committees of the House of Representatives
p.(None): and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of
p.(None): Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as
p.(None): provided in subparagraph (B), if a committee to which an approval resolution has been referred has not
p.(None): reported it at the close of the 45th day
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3837
p.(None):
p.(None): after its introduction, such committee shall be automati- cally discharged from further consideration of
p.(None): the resolu- tion and it shall be placed on the appropriate calendar.
p.(None): (B) FINAL PASSAGE.—A vote on final passage of the resolution shall be taken in each House on or before
p.(None): the close of the 15th day after the resolution is reported by the committee or committees of that
...
p.(None): order to move to recommit an approval resolution or to move to reconsider the vote by which an approval
p.(None): resolution is agreed to or disagreed to.
p.(None): (C) MOTION TO POSTPONE.—Motions to postpone made in the House of Representatives with respect to the consid-
p.(None): eration of an approval resolution and motions to proceed to the consideration of other business shall be
p.(None): decided without debate.
p.(None): (D) APPEALS.—All appeals from the decisions of the Chair relating to the application of the Rules of the House
p.(None): of Representatives to the procedure relating to an approval resolution shall be decided without debate.
p.(None): (E) RULES OF THE HOUSE OF REPRESENTATIVES.—Except to the extent specifically provided in subparagraphs (A)
p.(None): through (D), consideration of an approval resolution shall be governed by the Rules of the House of
p.(None): Representatives applicable to other resolutions in similar circumstances.
p.(None): (8) FLOOR CONSIDERATION IN THE SENATE.—
p.(None): (A) MOTION TO PROCEED.—A motion in the Senate to proceed to the consideration of an approval resolution shall
p.(None): be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in
p.(None): order
p.(None):
p.(None):
p.(None): 118 STAT. 3838 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): to move to reconsider the vote by which the motion is agreed to or disagreed to.
p.(None): (B) DEBATE ON RESOLUTION.—Debate in the Senate on an approval resolution, and appeals in connection there-
p.(None): with, shall be limited to not more than 10 hours, which shall be equally divided between, and
p.(None): controlled by, the Majority Leader and the Minority Leader, or their des- ignees.
p.(None): (C) DEBATE ON MOTIONS AND APPEALS.—Debate in the Senate on any debatable motion or appeal in connection
p.(None): with an approval resolution shall be limited to not more than 1 hour, which shall be equally divided
p.(None): between, and controlled by, the mover and the manager of the resolution, except that in the event the manager
p.(None): of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be
p.(None): controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under
p.(None): their control on the passage of an approval resolution, allot additional time to any Senator during the consideration
p.(None): of any debatable motion or appeal.
p.(None): (D) LIMIT ON DEBATE.—A motion in the Senate to fur- ther limit debate is not debatable. A motion to recommit
p.(None): an approval resolution is not in order.
p.(None): (c) DEFAULT STANDARDS.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (1) IN GENERAL.—If the standards proposed under sub- section (a)(1)(A) are not approved pursuant to the
p.(None): procedures described in subsection (b), then not later than 1 year after rejection by a vote of
p.(None): either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present,
p.(None): for identification purposes—
p.(None): (A) a valid, unexpired passport;
p.(None): (B) domestically issued documents that the Secretary of Homeland Security designates as reliable for
p.(None): identifica- tion purposes;
p.(None): (C) any document issued by the Attorney General or the Secretary of Homeland Security under the
p.(None): authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality
p.(None): Act (8 U.S.C. 1101(a)(17)); or
p.(None): (D) a document issued by the country of nationality of any alien not required to possess a passport
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p.(None): SEC. 8301. SHORT TITLE.
p.(None): 118 STAT. 3867
p.(None):
p.(None): Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.
p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
p.(None): ‘‘(5) coordinate with the Privacy Officer to ensure that— ‘‘(A) programs, policies, and procedures
p.(None): involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and
p.(None): comprehensive manner;
p.(None): and
p.(None): 6 USC 101 note.
p.(None): ‘‘(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
p.(None): ‘‘(6) investigate complaints and information indicating pos- sible abuses of civil rights or civil liberties, unless
p.(None): the Inspector General of the Department determines that any such complaint or information should be investigated
p.(None): by the Inspector Gen- eral.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004
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p.(None): history record information search from an authorized employer pursuant to this Act, submitted through the
p.(None): State identification bureau of a participating State, the Attorney General shall—
p.(None): (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal
p.(None): Bureau of Investigation; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757
p.(None):
p.(None):
p.(None): (ii) promptly provide any resulting identification and criminal history record information to the submit- ting
p.(None): State identification bureau requesting the information.
p.(None): (D) USE OF INFORMATION.—
p.(None): (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the
p.(None): State identification bureau, the information shall be used only as provided in clause (ii).
p.(None): (ii) TERMS.—In the case of—
p.(None): (I) a participating State that has no State standards for qualification to be a private security officer, the
p.(None): State shall notify an authorized employer as to the fact of whether an employee has been—
p.(None): (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction
p.(None): occurred during the previous
p.(None): 10 years, or an offense involving the use or attempted use of physical force against the person of
p.(None): another if the conviction occurred during the previous 10 years; or
p.(None): (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days;
p.(None): or
p.(None): (II) a participating State that has State stand- ards for qualification to be a private security officer,
p.(None): the State shall use the information received pursuant to this Act in applying the State stand- ards and shall
p.(None): only notify the employer of the results of the application of the State standards.
p.(None): (E) FREQUENCY OF REQUESTS.—An authorized employer may request a criminal history record information search for
p.(None): an employee only once every 12 months of continuous employment by that employee unless the
p.(None): authorized employer has good cause to submit additional requests.
p.(None): (2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Attorney General
p.(None): shall issue such final or interim final regulations as may be necessary to carry out this Act, including—
p.(None): (A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction
p.(None): of information and audits, and record keeping;
p.(None): (B) standards for qualification as an authorized employer; and
p.(None): (C) the imposition of reasonable fees necessary for conducting the background checks.
p.(None): (3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Who- ever knowingly and intentionally uses any information
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p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
p.(None): ‘‘(5) coordinate with the Privacy Officer to ensure that— ‘‘(A) programs, policies, and procedures
p.(None): involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and
p.(None): comprehensive manner;
p.(None): and
p.(None): 6 USC 101 note.
p.(None): ‘‘(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
p.(None): ‘‘(6) investigate complaints and information indicating pos- sible abuses of civil rights or civil liberties, unless
p.(None): the Inspector General of the Department determines that any such complaint or information should be investigated
p.(None): by the Inspector Gen- eral.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL.
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p.(None): Sec. 4081. Definitions. Sec. 4082. Effective date.
p.(None): TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
p.(None): Subtitle A—Advanced Technology Northern Border Security Pilot Program Sec. 5101. Establishment.
p.(None): Sec. 5102. Program requirements. Sec. 5103. Administrative provisions. Sec. 5104. Report.
p.(None): Sec. 5105. Authorization of appropriations.
p.(None): Subtitle B—Border and Immigration Enforcement Sec. 5201. Border surveillance.
p.(None): Sec. 5202. Increase in full-time Border Patrol agents.
p.(None): Sec. 5203. Increase in full-time immigration and customs enforcement investiga- tors.
p.(None): Sec. 5204. Increase in detention bed space.
p.(None): Subtitle C—Visa Requirements Sec. 5301. In person interviews of visa applicants.
p.(None): Sec. 5302. Visa application requirements. Sec. 5303. Effective date.
p.(None): Sec. 5304. Revocation of visas and other travel documentation.
p.(None): Subtitle D—Immigration Reform Sec. 5401. Bringing in and harboring certain aliens.
p.(None): Sec. 5402. Deportation of aliens who have received military-type training from ter- rorist organizations.
p.(None): Sec. 5403. Study and report on terrorists in the asylum system.
p.(None): Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
p.(None): Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial
p.(None): killings abroad.
p.(None): Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly
p.(None): severe violations of religious freedom.
p.(None): Sec. 5503. Waiver of inadmissibility.
p.(None): Sec. 5504. Bar to good moral character for aliens who have committed acts of tor- ture, extrajudicial
p.(None): killings, or severe violations of religious freedom.
p.(None): Sec. 5505. Establishment of the Office of Special Investigations. Sec. 5506. Report on implementation.
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers Sec. 6001. Individual terrorists as agents of foreign
p.(None): powers.
p.(None): Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel- ligence Surveillance Act of
p.(None): 1978.
p.(None): Subtitle B—Money Laundering and Terrorist Financing Sec. 6101. Additional authorization for finCEN.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641
p.(None):
p.(None): Sec. 6102. Money laundering and financial crimes strategy reauthorization. Subtitle C—Money Laundering Abatement and
p.(None): Financial Antiterrorism Technical
p.(None): Corrections
p.(None): Sec. 6201. Short title.
p.(None): Sec. 6202. Technical corrections to Public Law 107–56. Sec. 6203. Technical corrections to other provisions of law.
p.(None): Sec. 6204. Repeal of review.
p.(None): Sec. 6205. Effective date.
p.(None): Subtitle D—Additional Enforcement Tools
p.(None): Sec. 6301. Bureau of Engraving and Printing security printing. Sec. 6302. Reporting of certain cross-border
p.(None): transmittal of funds. Sec. 6303. Terrorism financing.
p.(None): Subtitle E—Criminal History Background Checks Sec. 6401. Protect Act.
p.(None): Sec. 6402. Reviews of criminal records of applicants for private security officer em- ployment.
p.(None): Sec. 6403. Criminal history background checks.
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1182 note.
p.(None): ‘‘(I) any act of torture, as defined in section 2340 of title 18, United States Code; or
p.(None): ‘‘(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the
p.(None): Torture Victim Protection Act of 1991 (28
p.(None): U.S.C. 1350 note), is inadmissible.’’; and
p.(None): (3) in the subparagraph heading, by striking ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’ and inserting
p.(None): ‘‘PARTICI- PANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL
p.(None): KILLING’’.
p.(None): (b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended—
p.(None): (1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’; and
p.(None): (2) in the subparagraph heading, by striking ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and
p.(None): inserting ‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF
p.(None): TORTURE OR EXTRAJUDICIAL KILLING’’.
p.(None): (c) EFFECTIVE DATE.—The amendments made by this section shall apply to offenses committed before, on, or
p.(None): after the date of enactment of this Act.
p.(None): SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE
p.(None): COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): (a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1182(a)(2)(G)) is amended to read as follows:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3741
p.(None):
p.(None): ‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COM- MITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
p.(None): FREEDOM.—Any alien who, while serving as a foreign government official, was responsible for or directly
p.(None): carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the
p.(None): International Reli- gious Freedom Act of 1998 (22 U.S.C. 6402), is inadmis- sible.’’.
p.(None): (b) GROUND OF DEPORTABILITY.—Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1227(a)(4)) is amended by adding at the end the following:
p.(None): ‘‘(E) PARTICIPATED IN THE COMMISSION OF SEVERE VIO-
p.(None): LATIONS OF RELIGIOUS FREEDOM.—Any alien described in section 212(a)(2)(G) is deportable.’’.
p.(None): SEC. 5503. WAIVER OF INADMISSIBILITY.
p.(None): Section 212(d)(3) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1182(d)(3)) is amended—
p.(None): (1) in subparagraph (A), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of
p.(None): paragraph (3)(E)’’; and
p.(None): (2) in subparagraph (B), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph
p.(None): (3)(E)’’.
p.(None): SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL
p.(None): KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1101(f)) is amended—
p.(None): (1) by striking the period at the end of paragraph (8) and inserting ‘‘; or’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in
p.(None): Nazi persecu- tion, participation in genocide, or commission of acts of torture or extrajudicial killings) or
p.(None): 212(a)(2)(G) (relating to severe viola- tions of religious freedom).’’.
p.(None): SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGA- TIONS.
p.(None): (a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— Section 103 of the Immigration and Nationality Act (8
p.(None): U.S.C. 1103) is amended by adding at the end the following:
p.(None): ‘‘(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of
p.(None): Special Investiga- tions with the authority to detect and investigate, and, where appropriate, to take legal
p.(None): action to denaturalize any alien described in section 212(a)(3)(E).
p.(None): ‘‘(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations
p.(None): concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E).
p.(None): ‘‘(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E),
p.(None): consideration shall be given to—
p.(None): ‘‘(A) the availability of criminal prosecution under the laws of the United States for any conduct that may
p.(None): form the basis for removal and denaturalization; or
p.(None):
p.(None):
p.(None): 118 STAT. 3742 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a
p.(None): prosecution for such conduct.’’.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—
...
p.(None): airlines, and airports); and
p.(None): ‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist
p.(None): organization under sec- tion 219(a)(1) of the Immigration and Nationality Act.’’.
p.(None): SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUP- PORT TO TERRORISM.
p.(None): (a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended—
p.(None): (1) in section 2332b(g)(5)(B)(i)—
p.(None): (A) by inserting ‘‘1361 (relating to government property or contracts),’’ before ‘‘1362’’; and
p.(None): (B) by inserting ‘‘2156 (relating to national defense material, premises, or utilities),’’ before ‘‘2280’’; and
p.(None): (2) in section 2339A—
p.(None): (A) by striking ‘‘or’’ before ‘‘section 46502’’; and
p.(None): (B) by inserting ‘‘or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and
p.(None): 2339B)’’ after ‘‘section 60123(b) of title 49,’’.
p.(None): (b) DEFINITIONS.—Section 2339A(b) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(b) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘material support or resources’ means any property, tangible or intangible, or service,
p.(None): including currency or monetary instruments or financial securities, financial serv- ices, lodging, training, expert
p.(None): advice or assistance, safehouses, false documentation or identification, communications equip- ment,
p.(None): facilities, weapons, lethal substances, explosives, per- sonnel (1 or more individuals who may be or
p.(None): include oneself), and transportation, except medicine or religious materials;
p.(None): ‘‘(2) the term ‘training’ means instruction or teaching designed to impart a specific skill, as opposed
p.(None): to general knowl- edge; and
p.(None): ‘‘(3) the term ‘expert advice or assistance’ means advice or assistance derived from scientific, technical or
p.(None): other special- ized knowledge.’’.
p.(None): (c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section
p.(None): 2339B(a)(1) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, within the United States or subject to the jurisdiction of the United States,’’; and
p.(None): (2) by adding at the end the following: ‘‘To violate this paragraph, a person must have knowledge that the
p.(None): organization
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3763
p.(None):
p.(None): is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages
p.(None): in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that
p.(None): the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign
p.(None): Relations Authorization Act, Fiscal Years 1988 and 1989).’’.
p.(None): (d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is amended by striking ‘‘There’’ and inserting the
p.(None): following:
p.(None): ‘‘(1) IN GENERAL.—There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and
p.(None): Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United
...
p.(None): amended to read as follows:
p.(None): ‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): ‘‘(A) EDUCATION.—To assist in the development of the capacity of the Government of Afghanistan to provide edu-
p.(None): cation to the people of Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for an educated citizenry through improved access to basic education, with particular
p.(None): emphasis on basic education for children, especially orphans;
p.(None): ‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus
p.(None): on the recruitment and training of female teachers;
p.(None): ‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incor-
p.(None): porate relevant information such as landmine aware- ness, food security and agricultural education, civic
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
...
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
p.(None): freedom, freedom of expression, and freedom of associa- tion, and support human rights monitoring.
p.(None): ‘‘(D) PROTECTION OF SITES.—To provide for the protec- tion of Afghanistan’s culture, history, and national identity,
p.(None): including the rehabilitation of Afghanistan’s museums and sites of cultural significance.’’.
p.(None): (3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513(a)(4)) is amended—
p.(None): (A) in subparagraph (K), by striking ‘‘and’’ at the end;
p.(None): (B) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(M) assistance in identifying and surveying key road and rail routes that are essential for economic
p.(None): renewal in Afghanistan and the region and support for the establishment of a customs service and
p.(None): training for customs officers.’’.
p.(None): (g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513), is amended by adding at the end the following:
p.(None): ‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.— ‘‘(1) REPORT.—
p.(None): ‘‘(A) IN GENERAL.—The Secretary of State, in consulta- tion with the Administrator for the United States Agency
p.(None): for International Development, shall submit to the Com- mittee on Foreign Relations of the Senate and
p.(None): the Com- mittee on International Relations of the House of Rep- resentatives a report on the obligations
p.(None): of United States assistance for Afghanistan from all United States Govern- ment departments and agencies.
...
p.(None): inserting ‘‘such sums as may be necessary for each of the fiscal years 2005 and 2006.’’.
p.(None): SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Despite a long history of friendly relations with the United States, there have been problems in
p.(None): cooperation between the United States and Saudi Arabia.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3789
p.(None):
p.(None): (2) The Government of Saudi Arabia has not always responded promptly or fully to United States requests
p.(None): for assist- ance in the global war on Islamist terrorism.
p.(None): (3) The Government of Saudi Arabia has not done all it can to prevent financial or other support from being
p.(None): provided to, or reaching, extremist organizations in Saudi Arabia or other countries.
p.(None): (4) Counterterrorism cooperation between the Governments of the United States and Saudi Arabia has improved
p.(None): signifi- cantly since the terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003, and the
p.(None): Government of Saudi Arabia is now pursuing al Qaeda and other terror groups operating inside Saudi Arabia.
p.(None): (5) The United States must enhance its cooperation and strong relationship with Saudi Arabia based upon
p.(None): a shared and public commitment to political and economic reform, greater tolerance and respect for
p.(None): religious and cultural diversity and joint efforts to prevent funding for and support of extremist organizations in
p.(None): Saudi Arabia and elsewhere.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that there should be a more robust dialogue between
p.(None): the people and Government of the United States and the people and Government of Saudi Arabia in order
p.(None): to improve the relationship between the United States and Saudi Arabia.
p.(None): SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While support for the United States has plummeted in the Islamic world, many negative views are
p.(None): uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures.
p.(None): (2) Local newspapers in countries with predominantly Muslim populations and influential broadcasters
p.(None): who reach Muslim audiences through satellite television often reinforce the idea that the people and Government
p.(None): of the United States are anti-Muslim.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the Government of the United States should offer an example of moral leadership in the world that
p.(None): includes a commitment to treat all people humanely, abide by the rule of law, and be generous to the
p.(None): people and governments of other countries;
p.(None): (2) the United States should cooperate with governments of countries with predominantly Muslim populations
...
p.(None): (D) measures that could be taken to alleviate difficul- ties, misunderstandings, and complications in the
p.(None): relation- ship between the United States and Pakistan.
p.(None): (3) COLLABORATION WITH SAUDI ARABIA.—A description of the strategy of the United States for expanding
p.(None): collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance, including
p.(None): a description of—
p.(None): (A) steps that could usefully be taken to institutionalize and make more transparent government to government
p.(None): relationships between the United States and Saudi Arabia, including the utility of undertaking periodic, formal,
p.(None): and visible high-level dialogues between government officials of both countries to address challenges in the
p.(None): relationship between the 2 governments and to identify areas and mechanisms for cooperation;
p.(None): (B) intelligence and security cooperation between the United States and Saudi Arabia in the fight
p.(None): against Islamist terrorism;
p.(None): (C) ways to increase the contribution of Saudi Arabia to the stability of the Middle East and the
p.(None): Islamic world, particularly to the Middle East peace process, by elimi- nating support from or within
p.(None): Saudi Arabia for extremist groups or tendencies;
p.(None): (D) political and economic reform in Saudi Arabia and throughout the Islamic world;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3805
p.(None):
p.(None): (E) ways to promote greater tolerance and respect for cultural and religious diversity in Saudi
p.(None): Arabia and throughout the Islamic world; and
p.(None): (F) ways to assist the Government of Saudi Arabia in reversing the impact of any financial, moral,
p.(None): intellectual, or other support provided in the past from Saudi sources to extremist groups in Saudi
p.(None): Arabia and other countries, and to prevent this support from continuing in the future.
p.(None): (4) STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.—A descrip- tion of a cohesive, long-term strategy of the
p.(None): United States to help win the struggle of ideas in the Islamic world, including the following:
p.(None): (A) A description of specific goals related to winning this struggle of ideas.
p.(None): (B) A description of the range of tools available to the United States Government to accomplish such
p.(None): goals and the manner in which such tools will be employed.
p.(None): (C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of such
p.(None): goals.
p.(None): (D) A description of any additional resources that may be necessary to help win this struggle of ideas.
p.(None): (E) Any recommendations for the creation of, and United States participation in, international
p.(None): institutions for the promotion of democracy and economic diversification in the Islamic world, and intraregional trade
p.(None): in the Middle East.
p.(None): (F) An estimate of the level of United States financial assistance that would be sufficient to convince
p.(None): United States allies and people in the Islamic world that engaging in the struggle of ideas in the Islamic
p.(None): world is a top priority of the United States and that the United States intends to make a substantial
p.(None): and sustained commitment toward winning this struggle.
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p.(None): policies established by chapter 38 of title 10, United States Code, and the other amendments made by title IV
p.(None): of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433).
p.(None): ‘‘(4)(A) Except as provided in subparagraph (B) and subpara- graph (D), this subsection shall not apply with
p.(None): respect to personnel of the elements of the intelligence community who are members of the uniformed services.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3653
p.(None):
p.(None): ‘‘(B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may
p.(None): apply with respect to members of the uniformed services who are assigned to an element of the intelligence
p.(None): community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with
p.(None): personnel policies and education and training requirements otherwise applicable to members of the uniformed
p.(None): services.
p.(None): ‘‘(C) The personnel policies and programs developed and imple- mented under this subsection with respect to law
p.(None): enforcement offi- cers (as that term is defined in section 5541(3) of title 5, United States Code) shall
p.(None): not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command,
p.(None): to control the activities of such law enforcement officers.
p.(None): ‘‘(D) Assignment to the Office of the Director of National Intel- ligence of commissioned officers of the Armed Forces
p.(None): shall be consid- ered a joint-duty assignment for purposes of the joint officer management policies
p.(None): prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
p.(None): ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
p.(None): (1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with
p.(None): respect to the personnel of the Office of the Director of National Intelligence any authority of the
p.(None): Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency
p.(None): under the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable
p.(None): provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the
p.(None): same conditions and limitations, that the Director of the Central Intel- ligence Agency may exercise such
p.(None): authority with respect to per- sonnel of the Central Intelligence Agency.
p.(None): ‘‘(2) Employees and applicants for employment of the Office of the Director of National Intelligence
p.(None): shall have the same rights and protections under the Office of the Director of National Intel- ligence as
p.(None): employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949, and other
...
p.(None): ‘‘(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so
p.(None): serving, serve in any capacity in any other element of the intelligence community.
p.(None): ‘‘(5) The Principal Deputy Director of National Intelligence shall assist the Director of National
p.(None): Intelligence in carrying out the duties and responsibilities of the Director.
p.(None): ‘‘(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of,
p.(None): the Director of National Intelligence during the absence or disability of the Director of National
p.(None): Intelligence or during a vacancy in the position of Director of National Intelligence.
p.(None): ‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) There
p.(None): may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of
p.(None): National Intelligence. ‘‘(2) Each Deputy Director of National Intelligence appointed under this subsection
p.(None): shall have such duties, responsibilities, and authorities as the Director of National Intelligence may
p.(None): assign
p.(None): or are specified by law.
p.(None): ‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
p.(None): INTELLIGENCE.—
p.(None): (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a
p.(None): commissioned officer of the Armed Forces in active status.
p.(None): ‘‘(2) The positions referred to in this paragraph are the fol- lowing:
p.(None): ‘‘(A) The Director of National Intelligence.
p.(None): ‘‘(B) The Principal Deputy Director of National Intelligence. ‘‘(3) It is the sense of Congress that,
p.(None): under ordinary cir- cumstances, it is desirable that one of the individuals serving in
p.(None): the positions specified in paragraph (2)—
p.(None): ‘‘(A) be a commissioned officer of the Armed Forces, in active status; or
p.(None): ‘‘(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
p.(None): ‘‘(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3657
p.(None):
p.(None): ‘‘(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or
p.(None): employee of the Depart- ment of Defense;
p.(None): ‘‘(B) shall not exercise, by reason of the officer’s status as a commissioned officer, any supervision
p.(None): or control with respect to any of the military or civilian personnel of the Department of Defense except as
p.(None): otherwise authorized by law; and
p.(None):
p.(None): ‘‘(C) shall not be counted against the numbers and percent- ages of commissioned officers of the rank and grade
p.(None): of such officer authorized for the military department of that officer. ‘‘(5) Except as provided in
p.(None): subparagraph (A) or (B) of paragraph
p.(None): (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect
p.(None): the status, position, rank, or grade of such officer in the Armed Forces, or any emolu- ment,
p.(None): perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
p.(None): ‘‘(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position
p.(None): specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to
p.(None): receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which
p.(None): such pay and allowances are paid shall be reimbursed from funds available to the Director of National
p.(None): Intelligence.
p.(None): ‘‘NATIONAL INTELLIGENCE COUNCIL
p.(None): ‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is
p.(None): a National Intelligence Council.
p.(None): ‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall be composed of senior analysts within the
p.(None): intelligence community and substantive experts from the public and private sector, who shall be appointed
p.(None): by, report to, and serve at the pleasure of, the Director of National Intelligence.
p.(None): ‘‘(2) The Director shall prescribe appropriate security require- ments for personnel appointed from the private
p.(None): sector as a condition of service on the Council, or as contractors of the Council or employees of such
...
p.(None): SEC. 6701. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Stop Terrorist and Military Hoaxes Act of 2004’’.
p.(None): SEC. 6702. HOAXES AND RECOVERY COSTS.
p.(None): (a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, United States Code, is amended by inserting after
p.(None): section 1037 the fol- lowing:
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘§ 1038. False information and hoaxes
p.(None): ‘‘(a) CRIMINAL VIOLATION.—
p.(None): 118 STAT. 3765
p.(None): ‘‘(1) IN GENERAL.—Whoever engages in any conduct with intent to convey false or misleading information
p.(None): under cir- cumstances where such information may reasonably be believed and where such information indicates that
p.(None): an activity has taken, is taking, or will take place that would constitute a violation of chapter 2,
p.(None): 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42
p.(None): U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section
p.(None): 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—
p.(None): ‘‘(A) be fined under this title or imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years,
p.(None): or both; and
p.(None): ‘‘(C) if death results, be fined under this title or impris- oned for any number of years up to life, or both.
p.(None): ‘‘(2) ARMED FORCES.—Any person who makes a false state- ment, with intent to convey false or misleading
p.(None): information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United
p.(None): States during a war or armed conflict in which the United States is engaged—
p.(None): ‘‘(A) shall be fined under this title, imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or
p.(None): both; and
p.(None): ‘‘(C) if death results, shall be fined under this title, imprisoned for any number of years or for
p.(None): life, or both.
p.(None): ‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with intent to convey false or misleading
p.(None): information under cir- cumstances where such information may reasonably be believed and where such
p.(None): information indicates that an activity has taken, is taking, or will take place that would constitute a
p.(None): violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section
p.(None): 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
p.(None): section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or
p.(None): section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(c) REIMBURSEMENT.—
p.(None): ‘‘(1) IN GENERAL.—The court, in imposing a sentence on a defendant who has been convicted of an
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p.(None): Director of National Intelligence’’.
p.(None): (2) PUBLIC LAW 108–177.—(A) Section 317 of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law
p.(None): 108–177; 50 U.S.C. 403–3 note) is amended—
p.(None): (i) in subsection (g), by striking ‘‘Assistant Director of Central Intelligence for Analysis and
p.(None): Production’’ and inserting ‘‘Deputy Director of National Intelligence’’; and
p.(None): (ii) in subsection (h)(2)(C), by striking ‘‘Assistant Director’’ and inserting ‘‘Deputy Director of
p.(None): National Intel- ligence’’.
p.(None): (B) Section 318(e) of that Act (50 U.S.C. 441g note) is amended by striking ‘‘Assistant Director of Central
p.(None): Intelligence for Analysis and Production’’ and inserting ‘‘Deputy Director of National Intelligence’’.
p.(None): SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947.
p.(None): Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as
p.(None): follows:
p.(None): ‘‘(4) The term ‘intelligence community’ includes the fol- lowing:
p.(None): ‘‘(A) The Office of the Director of National Intelligence. ‘‘(B) The Central Intelligence Agency.
p.(None): ‘‘(C) The National Security Agency. ‘‘(D) The Defense Intelligence Agency.
p.(None): ‘‘(E) The National Geospatial-Intelligence Agency. ‘‘(F) The National Reconnaissance Office.
p.(None):
p.(None):
p.(None): 118 STAT. 3694 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(G) Other offices within the Department of Defense for the collection of specialized national intelligence
p.(None): through reconnaissance programs.
p.(None): ‘‘(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of
p.(None): Investigation, and the Department of Energy.
p.(None): ‘‘(I) The Bureau of Intelligence and Research of the Department of State.
p.(None): ‘‘(J) The Office of Intelligence and Analysis of the Department of the Treasury.
p.(None): ‘‘(K) The elements of the Department of Homeland Security concerned with the analysis of
p.(None): intelligence information, including the Office of Intelligence of the Coast Guard.
p.(None): ‘‘(L) Such other elements of any other department or agency as may be designated by the President, or
p.(None): des- ignated jointly by the Director of National Intelligence and the head of the department or agency
p.(None): concerned, as an element of the intelligence community.’’.
p.(None): SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
p.(None): (a) REDESIGNATION.—Paragraph (6) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended
p.(None): by striking ‘‘Foreign’’.
p.(None): (b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the National Security Act of 1947 (50 U.S.C. 415a) is
p.(None): amended—
p.(None): (i) in subsection (a), by striking ‘‘National Foreign Intel- ligence Program’’ and inserting ‘‘National
p.(None): Intelligence Pro- gram’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
p.(None): (B) Section 105 of that Act (50 U.S.C. 403–5) is amended—
p.(None): (i) in paragraphs (2) and (3) of subsection (a), by striking ‘‘National Foreign Intelligence
p.(None): Program’’ and inserting ‘‘National Intelligence Program’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
...
p.(None): (2) in section 3(2), by striking ‘‘and 2004,’’ and inserting ‘‘2004, 2005, and 2006’’; and
p.(None):
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p.(None):
p.(None):
p.(None): 115 Stat. 403.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 404.
p.(None): (3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’. 115 Stat. 405.
p.(None):
p.(None):
p.(None): 118 STAT. 3780 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Afghanistan Freedom Support Act Amendments of 2004.
p.(None): 22 USC 7501
p.(None): note.
p.(None): 22 USC 7511
p.(None): note.
p.(None): SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Afghani- stan Freedom Support Act Amendments of 2004’’.
p.(None): (b) COORDINATION OF ASSISTANCE.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) The United States and its allies in the international community have made progress in promoting economic and
p.(None): political reform within Afghanistan, including the establishment of a central government with a
p.(None): democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of
p.(None): the standard of living of many Afghans.
p.(None): (B) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democ- racy,
p.(None): and such a transition depends in particular upon—
p.(None): (i) improving security throughout the country;
p.(None): (ii) disarming and demobilizing militias;
p.(None): (iii) curtailing the rule of the warlords;
p.(None): (iv) promoting equitable economic development;
p.(None): (v) protecting the human rights of the people of Afghanistan;
p.(None): (vi) continuing to hold elections for public officials;
p.(None):
p.(None): and
p.(None): (vii) ending the cultivation, production, and traf-
p.(None): ficking of narcotics.
p.(None): (C) The United States and the international community must make a long-term commitment to addressing the
p.(None): unstable security situation in Afghanistan and the bur- geoning narcotics trade, endemic poverty, and other
p.(None): serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for
p.(None): international terrorism.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should take, with
p.(None): respect to Afghanistan, the following actions:
p.(None): (A) Work with other nations to obtain long-term secu- rity, political, and financial commitments and fulfillment
p.(None): of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act
p.(None): of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous
...
p.(None): (j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
p.(None): AFGHANISTAN.—
p.(None): (1) AUTHORIZATION OF ASSISTANCE.—Section 103(a)(3)(A) of the Afghanistan Freedom Support Act of
p.(None): 2002 (22 U.S.C. 7513(a)(3)(A)) is amended—
p.(None): (A) in clause (i), by striking ‘‘establish crop substitution programs,’’ and inserting ‘‘promote alternatives to
p.(None): poppy cultivation, including the introduction of high value crops that are suitable for export and the provision
p.(None): of appropriate technical assistance and credit mechanisms for farmers,’’;
p.(None): (B) in clause (ii), by inserting before the semicolon at the end the following: ‘‘, and to create
p.(None): special counter- narcotics courts, prosecutors, and places of incarceration’’;
p.(None): (C) in clause (iii), by inserting before the semicolon at the end the following: ‘‘, in particular,
p.(None): notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
p.(None): equipment, training (including training in internationally recognized standards of human rights, the rule of
p.(None): law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments,
p.(None): during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting
p.(None): units’’;
p.(None): (D) in clause (iv), by striking ‘‘and’’ at the end;
p.(None): (E) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (F) by adding after clause (v) the following:
p.(None): ‘‘(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.’’.
p.(None): (2) SENSE OF CONGRESS AND REPORT.—Title II of the Afghanistan Freedom Support Act of 2002 (22
p.(None): U.S.C. 7531 et seq.) is amended—
p.(None): (A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and
p.(None): (B) by inserting after section 206 the following:
p.(None): ‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER- DRUG EFFORTS IN AFGHANISTAN.
p.(None): ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the President should make the
p.(None): substantial reduction
p.(None): of illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism;
p.(None): ‘‘(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other
p.(None): appropriate Federal
p.(None):
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7537,
p.(None): 7538.
p.(None):
p.(None): 22 USC 7536a.
p.(None):
p.(None):
p.(None): 118 STAT. 3788 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): agencies, should expand cooperation with the Government of Afghanistan and international organizations
...
Searching for indicator military:
(return to top)
p.(None): Sec. 1073. Elements of intelligence community under National Security Act of 1947. Sec. 1074. Redesignation of
p.(None): National Foreign Intelligence Program as National In-
p.(None): telligence Program.
p.(None): Sec. 1075. Repeal of superseded authority.
p.(None): Sec. 1076. Clerical amendments to National Security Act of 1947.
p.(None): Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di- rector of the Central
p.(None): Intelligence Agency.
p.(None): Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
p.(None): Sec. 1079. Ethics matters.
p.(None): Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and
p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security Sec. 4001. National Strategy for Transportation Security.
p.(None): Subtitle B—Aviation Security
p.(None): Sec. 4011. Provision for the use of biometric or other technology. Sec. 4012. Advanced airline passenger
p.(None): prescreening.
p.(None): Sec. 4013. Deployment and use of detection equipment at airport screening check- points.
p.(None): Sec. 4014. Advanced airport checkpoint screening devices. Sec. 4015. Improvement of screener job performance.
p.(None): Sec. 4016. Federal air marshals.
p.(None): Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.
p.(None): Sec. 4018. Foreign air marshal training.
p.(None): Sec. 4019. In-line checked baggage screening.
p.(None): Sec. 4020. Checked baggage screening area monitoring. Sec. 4021. Wireless communication.
...
p.(None): Sec. 4028. Report on secondary flight deck barriers.
p.(None): Sec. 4029. Extension of authorization of aviation security funding.
p.(None): Subtitle C—Air Cargo Security
p.(None): Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage con- tainers.
p.(None): Sec. 4052. Air cargo security.
p.(None): Sec. 4053. Air cargo security regulations.
p.(None): Sec. 4054. Report on international air cargo threats.
p.(None): Subtitle D—Maritime Security Sec. 4071. Watch lists for passengers aboard vessels.
p.(None): Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
p.(None): Subtitle E—General Provisions
p.(None): Sec. 4081. Definitions. Sec. 4082. Effective date.
p.(None): TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
p.(None): Subtitle A—Advanced Technology Northern Border Security Pilot Program Sec. 5101. Establishment.
p.(None): Sec. 5102. Program requirements. Sec. 5103. Administrative provisions. Sec. 5104. Report.
p.(None): Sec. 5105. Authorization of appropriations.
p.(None): Subtitle B—Border and Immigration Enforcement Sec. 5201. Border surveillance.
p.(None): Sec. 5202. Increase in full-time Border Patrol agents.
p.(None): Sec. 5203. Increase in full-time immigration and customs enforcement investiga- tors.
p.(None): Sec. 5204. Increase in detention bed space.
p.(None): Subtitle C—Visa Requirements Sec. 5301. In person interviews of visa applicants.
p.(None): Sec. 5302. Visa application requirements. Sec. 5303. Effective date.
p.(None): Sec. 5304. Revocation of visas and other travel documentation.
p.(None): Subtitle D—Immigration Reform Sec. 5401. Bringing in and harboring certain aliens.
p.(None): Sec. 5402. Deportation of aliens who have received military-type training from ter- rorist organizations.
p.(None): Sec. 5403. Study and report on terrorists in the asylum system.
p.(None): Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
p.(None): Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial
p.(None): killings abroad.
p.(None): Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly
p.(None): severe violations of religious freedom.
p.(None): Sec. 5503. Waiver of inadmissibility.
p.(None): Sec. 5504. Bar to good moral character for aliens who have committed acts of tor- ture, extrajudicial
p.(None): killings, or severe violations of religious freedom.
p.(None): Sec. 5505. Establishment of the Office of Special Investigations. Sec. 5506. Report on implementation.
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers Sec. 6001. Individual terrorists as agents of foreign
p.(None): powers.
p.(None): Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel- ligence Surveillance Act of
p.(None): 1978.
p.(None): Subtitle B—Money Laundering and Terrorist Financing Sec. 6101. Additional authorization for finCEN.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641
p.(None):
p.(None): Sec. 6102. Money laundering and financial crimes strategy reauthorization. Subtitle C—Money Laundering Abatement and
p.(None): Financial Antiterrorism Technical
p.(None): Corrections
p.(None): Sec. 6201. Short title.
p.(None): Sec. 6202. Technical corrections to Public Law 107–56. Sec. 6203. Technical corrections to other provisions of law.
p.(None): Sec. 6204. Repeal of review.
p.(None): Sec. 6205. Effective date.
p.(None): Subtitle D—Additional Enforcement Tools
p.(None): Sec. 6301. Bureau of Engraving and Printing security printing. Sec. 6302. Reporting of certain cross-border
p.(None): transmittal of funds. Sec. 6303. Terrorism financing.
p.(None): Subtitle E—Criminal History Background Checks Sec. 6401. Protect Act.
p.(None): Sec. 6402. Reviews of criminal records of applicants for private security officer em- ployment.
p.(None): Sec. 6403. Criminal history background checks.
p.(None): Subtitle F—Grand Jury Information Sharing Sec. 6501. Grand jury information sharing.
p.(None): Subtitle G—Providing Material Support to Terrorism Sec. 6601. Short title.
p.(None): Sec. 6602. Receiving military-type training from a foreign terrorist organization.
p.(None): Sec. 6603. Additions to offense of providing material support to terrorism. Sec. 6604. Financing of terrorism.
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004 Sec. 6701. Short title.
p.(None): Sec. 6702. Hoaxes and recovery costs.
p.(None): Sec. 6703. Obstruction of justice and false statements in terrorism cases. Sec. 6704. Clarification of definition.
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004 Sec. 6801. Short title.
p.(None): Sec. 6802. Weapons of mass destruction.
p.(None): Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 Sec. 6901. Short title.
p.(None): Sec. 6902. Findings and purpose.
p.(None): Sec. 6903. Missile systems designed to destroy aircraft. Sec. 6904. Atomic weapons.
p.(None): Sec. 6905. Radiological dispersal devices. Sec. 6906. Variola virus.
p.(None): Sec. 6907. Interception of communications.
p.(None): Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. Sec. 6909. Amendments to section
p.(None): 1956(c)(7)(d) of title 18, United States Code. Sec. 6910. Export licensing process.
p.(None): Sec. 6911. Clerical amendments.
p.(None): Subtitle K—Pretrial Detention of Terrorists Sec. 6951. Short title.
p.(None): Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
p.(None): TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
p.(None): Sec. 7001. Short title.
p.(None): Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism Sec. 7101. Findings.
p.(None): Sec. 7102. Terrorist sanctuaries.
p.(None): Sec. 7103. United States commitment to the future of Pakistan. Sec. 7104. Assistance for Afghanistan.
p.(None): Sec. 7105. The relationship between the United States and Saudi Arabia. Sec. 7106. Efforts to combat Islamist
p.(None): terrorism.
p.(None):
p.(None):
p.(None): 118 STAT. 3642 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Sec. 7107. United States policy toward dictatorships.
p.(None): Sec. 7108. Promotion of free media and other American values.
p.(None): Sec. 7109. Public diplomacy responsibilities of the Department of State. Sec. 7110. Public diplomacy training.
p.(None): Sec. 7111. Promoting democracy and human rights at international organizations. Sec. 7112. Expansion of
p.(None): United States scholarship and exchange programs in the
p.(None): Islamic world.
p.(None): Sec. 7113. Pilot program to provide grants to American-sponsored schools in pre- dominantly Muslim countries
p.(None): to provide scholarships.
p.(None): Sec. 7114. International Youth Opportunity Fund.
p.(None): Sec. 7115. The use of economic policies to combat terrorism. Sec. 7116. Middle East partnership initiative.
p.(None): Sec. 7117. Comprehensive coalition strategy for fighting terrorism. Sec. 7118. Financing of terrorism.
p.(None): Sec. 7119. Designation of foreign terrorist organizations. Sec. 7120. Report to Congress.
p.(None): Sec. 7121. Case-Zablocki Act requirements. Sec. 7122. Effective date.
p.(None): Subtitle B—Terrorist Travel and Effective Screening Sec. 7201. Counterterrorist travel intelligence.
p.(None): Sec. 7202. Establishment of human smuggling and trafficking center. Sec. 7203. Responsibilities and functions of
p.(None): consular officers.
...
p.(None): shall have extensive national security expertise.
p.(None): ‘‘(2) The Director of National Intelligence shall not be located within the Executive Office of the President.
p.(None): ‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direc- tion, and control of the President, the
p.(None): Director of National Intel- ligence shall—
p.(None): ‘‘(1) serve as head of the intelligence community;
p.(None): ‘‘(2) act as the principal adviser to the President, to the National Security Council, and the Homeland
p.(None): Security Council for intelligence matters related to the national security; and ‘‘(3) consistent with
p.(None): section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the
p.(None): implementation of the National Intelligence Program.
p.(None): ‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the position of Director of National
p.(None): Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or
p.(None): as the head of any other element of the intelligence community.
p.(None): ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director
p.(None): of National Intelligence shall be responsible for ensuring that national intelligence is provided—
p.(None): ‘‘(A) to the President;
p.(None): ‘‘(B) to the heads of departments and agencies of the execu- tive branch;
p.(None): ‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
p.(None): ‘‘(D) to the Senate and House of Representatives and the committees thereof; and
p.(None): ‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate.
p.(None): ‘‘(2) Such national intelligence should be timely, objective, inde- pendent of political considerations, and based
p.(None): upon all sources available to the intelligence community and other appropriate enti- ties.
p.(None): ‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by the President, the Director of National
p.(None): Intelligence shall have access to all national intelligence and intelligence related to the national security
p.(None): which is collected by any Federal department, agency, or other entity, except as otherwise provided by
p.(None): law or, as appro- priate, under guidelines agreed upon by the Attorney General and the Director of National
p.(None): Intelligence.
p.(None): ‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests and appropriations for the National
p.(None): Intelligence Program, the Director of National Intelligence shall—
p.(None): ‘‘(A) based on intelligence priorities set by the President, provide to the heads of departments
p.(None): containing agencies or organizations within the intelligence community, and to the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3645
p.(None):
p.(None): heads of such agencies and organizations, guidance for devel- oping the National Intelligence Program
p.(None): budget pertaining to such agencies and organizations;
p.(None): ‘‘(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and
p.(None): organiza- tions within the intelligence community and the heads of their respective departments and, as
p.(None): appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an
p.(None): annual consolidated National Intelligence Program budget; and
p.(None): ‘‘(C) present such consolidated National Intelligence Pro- gram budget, together with any comments from
p.(None): the heads of departments containing agencies or organizations within the intelligence community, to the President for
p.(None): approval.
p.(None): ‘‘(2) In addition to the information provided under paragraph (1)(B), the heads of agencies and
p.(None): organizations within the intel- ligence community shall provide the Director of National Intel- ligence
p.(None): such other information as the Director shall request for the purpose of determining the annual consolidated
p.(None): National Intel- ligence Program budget under that paragraph.
p.(None): ‘‘(3)(A) The Director of National Intelligence shall participate in the development by the Secretary of
p.(None): Defense of the annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related
p.(None): Activities.
p.(None): ‘‘(B) The Director of National Intelligence shall provide guidance for the development of the annual budget for
p.(None): each element of the intelligence community that is not within the National Intel- ligence Program.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure the effec- tive execution of the annual budget for
p.(None): intelligence and intelligence- related activities.
p.(None): ‘‘(5)(A) The Director of National Intelligence shall be responsible for managing appropriations for the National
p.(None): Intelligence Program by directing the allotment or allocation of such appropriations through the heads of
p.(None): the departments containing agencies or organizations within the intelligence community and the
p.(None): Director of the Central Intelligence Agency, with prior notice (including the provision of appropriate
p.(None): supporting information) to the head of the department containing an agency or organization receiving any
p.(None): such allocation or allotment or the Director of the Central Intelligence Agency.
p.(None): ‘‘(B) Notwithstanding any other provision of law, pursuant to relevant appropriations Acts for the National
p.(None): Intelligence Program, the Director of the Office of Management and Budget shall exercise the authority of the
p.(None): Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of
p.(None): National Intelligence, for allocation to the elements of the intel- ligence community through the relevant host
p.(None): executive departments and the Central Intelligence Agency. Department comptrollers or appropriate budget
...
p.(None):
p.(None):
p.(None): 118 STAT. 3646 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(6) Apportionment and allotment of funds under this sub- section shall be subject to chapter 13 and
p.(None): section 1517 of title 31, United States Code, and the Congressional Budget and Impoundment Control
p.(None): Act of 1974 (2 U.S.C. 621 et seq.).
p.(None):
p.(None): Reports. Deadlines.
p.(None): ‘‘(7)(A) The Director of National Intelligence shall provide a semi-annual report, beginning April 1,
p.(None): 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section.
p.(None): ‘‘(B) The Director of National Intelligence shall report to the President and the Congress not later
p.(None): than 15 days after learning of any instance in which a departmental comptroller acts in a manner
p.(None): inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or
p.(None): the direction of the Director of National Intelligence, in carrying out the National Intelligence Program.
p.(None): ‘‘(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
p.(None): TRANSFER AND REPROGRAMMING OF FUNDS.—(1)(A) No funds made
p.(None): available under the National Intelligence Program may be trans- ferred or reprogrammed without the prior
p.(None): approval of the Director of National Intelligence, except in accordance with procedures pre- scribed by the Director of
p.(None): National Intelligence.
p.(None): ‘‘(B) The Secretary of Defense shall consult with the Director of National Intelligence before transferring or
p.(None): reprogramming funds made available under the Joint Military Intelligence Program.
p.(None): ‘‘(2) Subject to the succeeding provisions of this subsection, the Director of National Intelligence may
p.(None): transfer or reprogram funds appropriated for a program within the National Intelligence Program to another
p.(None): such program.
p.(None): ‘‘(3) The Director of National Intelligence may only transfer or reprogram funds referred to in subparagraph
p.(None): (A)—
p.(None): ‘‘(A) with the approval of the Director of the Office of Management and Budget; and
p.(None): ‘‘(B) after consultation with the heads of departments con- taining agencies or organizations within the
p.(None): intelligence community to the extent such agencies or organizations are affected, and, in the case of the
p.(None): Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency.
p.(None): ‘‘(4) The amounts available for transfer or reprogramming in the National Intelligence Program in any
p.(None): given fiscal year, and the terms and conditions governing such transfers and reprogrammings,
p.(None): are subject to the provisions of annual appropria- tions Acts and this subsection.
p.(None): ‘‘(5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if—
p.(None): ‘‘(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
p.(None): ‘‘(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or
p.(None): increases efficiency; ‘‘(iii) the transfer or reprogramming does not involve a transfer or reprogramming of
p.(None): funds to a Reserve for Contin- gencies of the Director of National Intelligence or the Reserve
p.(None): for Contingencies of the Central Intelligence Agency;
...
p.(None): the Director of National Intelligence shall recommend to the President an individual for appointment as
p.(None): Principal Deputy Director of National Intelligence. ‘‘(3) Any individual nominated for appointment as Principal
p.(None): Deputy Director of National Intelligence shall have extensive
p.(None): national security experience and management expertise.
p.(None): ‘‘(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so
p.(None): serving, serve in any capacity in any other element of the intelligence community.
p.(None): ‘‘(5) The Principal Deputy Director of National Intelligence shall assist the Director of National
p.(None): Intelligence in carrying out the duties and responsibilities of the Director.
p.(None): ‘‘(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of,
p.(None): the Director of National Intelligence during the absence or disability of the Director of National
p.(None): Intelligence or during a vacancy in the position of Director of National Intelligence.
p.(None): ‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) There
p.(None): may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of
p.(None): National Intelligence. ‘‘(2) Each Deputy Director of National Intelligence appointed under this subsection
p.(None): shall have such duties, responsibilities, and authorities as the Director of National Intelligence may
p.(None): assign
p.(None): or are specified by law.
p.(None): ‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
p.(None): INTELLIGENCE.—
p.(None): (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a
p.(None): commissioned officer of the Armed Forces in active status.
p.(None): ‘‘(2) The positions referred to in this paragraph are the fol- lowing:
p.(None): ‘‘(A) The Director of National Intelligence.
p.(None): ‘‘(B) The Principal Deputy Director of National Intelligence. ‘‘(3) It is the sense of Congress that,
p.(None): under ordinary cir- cumstances, it is desirable that one of the individuals serving in
p.(None): the positions specified in paragraph (2)—
p.(None): ‘‘(A) be a commissioned officer of the Armed Forces, in active status; or
p.(None): ‘‘(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
p.(None): ‘‘(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3657
p.(None):
p.(None): ‘‘(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or
p.(None): employee of the Depart- ment of Defense;
p.(None): ‘‘(B) shall not exercise, by reason of the officer’s status as a commissioned officer, any supervision
p.(None): or control with respect to any of the military or civilian personnel of the Department of Defense except as
p.(None): otherwise authorized by law; and
p.(None):
p.(None): ‘‘(C) shall not be counted against the numbers and percent- ages of commissioned officers of the rank and grade
p.(None): of such officer authorized for the military department of that officer. ‘‘(5) Except as provided in
p.(None): subparagraph (A) or (B) of paragraph
p.(None): (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect
p.(None): the status, position, rank, or grade of such officer in the Armed Forces, or any emolu- ment,
p.(None): perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
p.(None): ‘‘(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position
p.(None): specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to
p.(None): receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which
p.(None): such pay and allowances are paid shall be reimbursed from funds available to the Director of National
p.(None): Intelligence.
p.(None): ‘‘NATIONAL INTELLIGENCE COUNCIL
p.(None): ‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is
p.(None): a National Intelligence Council.
p.(None): ‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall be composed of senior analysts within the
p.(None): intelligence community and substantive experts from the public and private sector, who shall be appointed
p.(None): by, report to, and serve at the pleasure of, the Director of National Intelligence.
p.(None): ‘‘(2) The Director shall prescribe appropriate security require- ments for personnel appointed from the private
p.(None): sector as a condition of service on the Council, or as contractors of the Council or employees of such
p.(None): contractors, to ensure the protection of intel- ligence sources and methods while avoiding, wherever
p.(None): possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
p.(None): ‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intel-
p.(None): ligence Council shall—
p.(None): ‘‘(A) produce national intelligence estimates for the United States Government, including alternative views held
p.(None): by ele- ments of the intelligence community and other information as specified in paragraph (2);
p.(None): ‘‘(B) evaluate community-wide collection and production of intelligence by the intelligence community and the
...
p.(None): (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, United States Code, is amended by adding at the end
p.(None): the following new items:
p.(None): ‘‘Principal Deputy Director of National Intelligence. ‘‘Director of the National Counterterrorism Center. ‘‘Director
p.(None): of the National Counter Proliferation Center.’’.
p.(None): (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United States Code, is amended—
p.(None): (1) by striking the item relating to the Assistant Directors of Central Intelligence; and
p.(None): (2) by adding at the end the following new item:
p.(None): ‘‘General Counsel of the Office of the National Intelligence Director.’’.
p.(None): SEC. 1016. INFORMATION SHARING.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) INFORMATION SHARING COUNCIL.—The term ‘‘Informa- tion Sharing Council’’ means the Information Systems
p.(None): Council established by Executive Order 13356, or any successor body designated by the President, and
p.(None): referred to under subsection (g).
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3665
p.(None):
p.(None): (2) INFORMATION SHARING ENVIRONMENT; ISE.—The terms ‘‘information sharing environment’’ and ‘‘ISE’’
p.(None): mean an approach that facilitates the sharing of terrorism information, which approach may include any
p.(None): methods determined necessary and appropriate for carrying out this section.
p.(None): (3) PROGRAM MANAGER.—The term ‘‘program manager’’ means the program manager designated under subsection
p.(None): (f).
p.(None): (4) TERRORISM INFORMATION.—The term ‘‘terrorism information’’ means all information, whether
p.(None): collected, pro- duced, or distributed by intelligence, law enforcement, military, homeland security, or other
p.(None): activities relating to—
p.(None): (A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or
p.(None): material support, or activities of foreign or international terrorist groups or individuals, or of domestic
p.(None): groups or individuals involved in transnational terrorism;
p.(None): (B) threats posed by such groups or individuals to the United States, United States persons, or United States
p.(None): interests, or to those of other nations;
p.(None): (C) communications of or by such groups or individuals;
p.(None): or
p.(None): (D) groups or individuals reasonably believed to be
p.(None):
p.(None): assisting or associated with such groups or individuals.
p.(None): (b) INFORMATION SHARING ENVIRONMENT.—
p.(None): (1) ESTABLISHMENT.—The President shall—
p.(None): (A) create an information sharing environment for the sharing of terrorism information in a manner consistent
p.(None): with national security and with applicable legal standards relating to privacy and civil liberties;
p.(None): (B) designate the organizational and management structures that will be used to operate and manage
p.(None): the ISE; and
p.(None): (C) determine and enforce the policies, directives, and rules that will govern the content and usage of the
p.(None): ISE.
p.(None): (2) ATTRIBUTES.—The President shall, through the struc- tures described in subparagraphs (B) and (C) of
p.(None): paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information
p.(None): among all appropriate Fed- eral, State, local, and tribal entities, and the private sector through the use
...
p.(None): the executive branch.
p.(None): ‘‘(c) REPORTING.—(1) The Director of the National Counterterrorism Center shall report to
p.(None): the Director of National Intelligence with respect to matters described in paragraph (2) and the President
p.(None): with respect to matters described in paragraph (3).
p.(None): ‘‘(2) The matters described in this paragraph are as follows: ‘‘(A) The budget and programs of
p.(None): the National
p.(None): Counterterrorism Center.
p.(None): ‘‘(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under
p.(None): subsection (h).
p.(None): ‘‘(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
p.(None): ‘‘(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other
p.(None): than intel- ligence operations).’’.
p.(None): ‘‘(d) PRIMARY MISSIONS.—The primary missions of the National Counterterrorism Center shall be as follows:
p.(None): ‘‘(1) To serve as the primary organization in the United States Government for analyzing and integrating
p.(None): all intel- ligence possessed or acquired by the United States Government pertaining to terrorism and
p.(None): counterterrorism, excepting intel- ligence pertaining exclusively to domestic terrorists and domestic
p.(None): counterterrorism.
p.(None): ‘‘(2) To conduct strategic operational planning for counterterrorism activities, integrating
p.(None): all instruments of national power, including diplomatic, financial, military, intel- ligence, homeland
p.(None): security, and law enforcement activities within and among agencies.
p.(None): ‘‘(3) To assign roles and responsibilities as part of its stra- tegic operational planning duties to lead Departments
p.(None): or agen- cies, as appropriate, for counterterrorism activities that are consistent with applicable
p.(None): law and that support counterterrorism strategic operational plans, but shall not direct the
p.(None): execution of any resulting operations.
p.(None): ‘‘(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support
p.(None): needed to execute their counterterrorism plans or perform independent, alter- native analysis.
p.(None): ‘‘(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned
p.(None): activities.
p.(None): ‘‘(6) To serve as the central and shared knowledge bank on known and suspected terrorists and
p.(None): international terror groups, as well as their goals, strategies, capabilities, and net- works of contacts and support.
p.(None): ‘‘(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—(1) The
p.(None): Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in
p.(None): section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal,
p.(None): State, or local government or other source nec- essary to fulfill its responsibilities and retain and
p.(None): disseminate such intelligence.
p.(None): ‘‘(2) Any agency authorized to conduct counterterrorism activi- ties may request information from the Center to
p.(None): assist it in its
p.(None):
p.(None):
p.(None): 118 STAT. 3674 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
p.(None): ‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The
p.(None): Director of the National Counterterrorism Center shall—
p.(None): ‘‘(A) serve as the principal adviser to the Director of National Intelligence on intelligence
p.(None): operations relating to counterterrorism;
p.(None): ‘‘(B) provide strategic operational plans for the civilian and military counterterrorism efforts of
p.(None): the United States Government and for the effective integration of counterterrorism
p.(None): intelligence and operations across agency boundaries, both inside and outside the United States;
p.(None): ‘‘(C) advise the Director of National Intelligence on the extent to which the counterterrorism program
p.(None): recommendations and budget proposals of the departments, agencies, and ele- ments of the United States
p.(None): Government conform to the prior- ities established by the President;
p.(None): ‘‘(D) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice
p.(None): President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director
p.(None): of the Central Intelligence Agency, and other officials of the executive branch as appro- priate, and to
p.(None): the appropriate committees of Congress;
p.(None): ‘‘(E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in
p.(None): fulfill- ment of their responsibilities to disseminate terrorism informa- tion, consistent with applicable law,
p.(None): guidelines referred to in section 102A(b), Executive orders and other Presidential guid- ance, to State and
p.(None): local government officials, and other entities, and coordinate dissemination of terrorism information to foreign
p.(None): governments as approved by the Director of National Intel- ligence;
p.(None): ‘‘(F) develop a strategy for combining terrorist travel intel- ligence operations and law enforcement planning
...
p.(None): billets; and
p.(None): (2) with the approval of the Director of the Office of Management and Budget, may detail not more than
p.(None): 150 per- sonnel funded within the National Intelligence Program to the Office of the Director of National
p.(None): Intelligence for a period of not more than 2 years.
p.(None): SEC. 1097. EFFECTIVE DATES.
p.(None): (a) IN GENERAL.—Except as otherwise expressly provided in this Act, this title and the amendments made
p.(None): by this title shall take effect not later than six months after the date of the enactment of this Act.
p.(None): (b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days after the date of the appointment of the
p.(None): first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to
p.(None): positions within the Office of the Director of National Intelligence.
p.(None): (B) Subparagraph (A) shall not apply with respect to the Prin- cipal Deputy Director of National Intelligence.
p.(None): (2) Not later than 180 days after the effective date of this Act, the President shall transmit to
p.(None): Congress the implementation plan required by section 1094.
p.(None): (3) Not later than one year after the date of the enactment of this Act, the Director of National
p.(None): Intelligence shall prescribe
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3699
p.(None):
p.(None): regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act
p.(None): of 1947, as amended by section 1011(a) of this Act.
p.(None):
p.(None): Subtitle I—Other Matters
p.(None): SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY
p.(None): INTELLIGENCE OFFICERS.
p.(None): (a) STUDY.—The Secretary of Defense shall conduct a study of the promotion selection rates, and the selection
p.(None): rates for attend- ance at professional military education schools, of intelligence offi- cers of the Armed Forces,
p.(None): particularly in comparison to the rates for other officers of the same Armed Force who are in the same
p.(None): grade and competitive category.
p.(None): (b) REPORT.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of
p.(None): Representatives a report providing the Secretary’s findings resulting from the study under subsection (a) and the
p.(None): Secretary’s recommendations (if any) for such changes in law as the Secretary considers needed to ensure that
p.(None): intelligence officers, as a group, are selected for promotion, and for attendance at professional military
p.(None): education schools, at rates not less than the rates for all line (or the equivalent) officers of the same Armed
p.(None): Force (both in the zone and below the zone) in the same grade. The report shall be submitted not
p.(None): later than April 1, 2005.
p.(None): SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST DECLASSIFICATION BOARD.
p.(None): (a) DIRECTION.—Section 703(a) of the Public Interest Declas- sification Act of 2000 (title VII of Public
p.(None): Law 106–567; 114 Stat. 2856; 50 U.S.C. 435 note) is amended—
p.(None): (1) by inserting ‘‘(1)’’ after ‘‘ESTABLISHMENT.—’’; and
p.(None): (2) by adding at the end the following new paragraph: ‘‘(2) The Board shall report directly to the
p.(None): President or, upon designation by the President, the Vice President, the Attorney Gen- eral, or other designee of
p.(None): the President. The other designee of the President under this paragraph may not be an agency head or
p.(None): official authorized to classify information under Executive Order
p.(None): 12958, or any successor order.’’.
p.(None): (b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856) is amended by adding at the end the following
p.(None): new paragraph: ‘‘(5) To review and make recommendations to the President
p.(None): in a timely manner with respect to any congressional request, made by the committee of jurisdiction, to
p.(None): declassify certain records or to reconsider a declination to declassify specific records.’’.
p.(None): (c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section 704(c)(2)(A) of that Act (114 Stat. 2860) is
p.(None): amended by inserting before the period the following: ‘‘, and also including specific requests
...
p.(None): the Committee on the Judiciary of the House of Representatives a report that contains, with respect to
p.(None): each preceding 12-month period—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3705
p.(None):
p.(None): (1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or
p.(None): other components of the Department of Justice;
p.(None): (2) any legal or practical impediments to using translators employed by the Federal, State, or local agencies
p.(None): on a full- time, part-time, or shared basis;
p.(None): (3) the needs of the Federal Bureau of Investigation for the specific translation services in certain
p.(None): languages, and rec- ommendations for meeting those needs;
p.(None): (4) the status of any automated statistical reporting system, including implementation and future viability;
p.(None): (5) the storage capabilities of the digital collection system or systems utilized;
p.(None): (6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and
p.(None): intel- ligence goals of the Federal Bureau of Investigation; and
p.(None): (7) a description of the implementation of quality control procedures and mechanisms for monitoring
p.(None): compliance with quality control procedures.
p.(None):
p.(None): TITLE III—SECURITY CLEARANCES
p.(None):
p.(None):
p.(None): SEC. 3001. SECURITY CLEARANCES.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) The term ‘‘agency’’ means—
p.(None): (A) an executive agency (as that term is defined in section 105 of title 5, United States Code);
p.(None): (B) a military department (as that term is defined in section 102 of title 5, United States Code); and
p.(None): (C) an element of the intelligence community.
p.(None): (2) The term ‘‘authorized investigative agency’’ means an agency designated by the head of the agency selected
p.(None): pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who
p.(None): are proposed for access to classified information to ascertain whether such persons satisfy the criteria for
p.(None): obtaining and retaining access to such informa- tion.
p.(None): (3) The term ‘‘authorized adjudicative agency’’ means an agency authorized by law, regulation, or
p.(None): direction of the Director of National Intelligence to determine eligibility for access to classified
p.(None): information in accordance with Executive Order 12968.
p.(None): (4) The term ‘‘highly sensitive program’’ means—
p.(None): (A) a government program designated as a Special Access Program (as that term is defined in section
p.(None): 4.1(h) of Executive Order 12958 or any successor Executive order); or
p.(None): 50 USC 435b.
p.(None): (B) a government program that applies restrictions required for—
p.(None): (i) restricted data (as that term is defined in sec- tion 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
p.(None): 2014(y)); or
p.(None): (ii) other information commonly referred to as ‘‘sen- sitive compartmented information’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3706 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (5) The term ‘‘current investigation file’’ means, with respect to a security clearance, a file on
p.(None): an investigation or adjudication that has been conducted during—
p.(None): (A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret
p.(None): Clear- ance, or the date access was granted to a highly sensitive program;
p.(None): (B) the 10-year period beginning on the date the secu- rity clearance was granted in the case of a Secret
p.(None): Clear- ance; and
p.(None): (C) the 15-year period beginning on the date the secu- rity clearance was granted in the case of a
p.(None): Confidential Clearance.
p.(None): (6) The term ‘‘personnel security investigation’’ means any investigation required for the purpose of determining the
p.(None): eligi- bility of any military, civilian, or government contractor per- sonnel to access classified information.
p.(None): (7) The term ‘‘periodic reinvestigations’’ means investiga- tions conducted for the purpose of updating a
p.(None): previously com- pleted background investigation—
p.(None): (A) every 5 years in the case of a top secret clearance or access to a highly sensitive program;
p.(None): (B) every 10 years in the case of a secret clearance;
p.(None): or
p.(None): (C) every 15 years in the case of a Confidential Clear-
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): ance.
p.(None): (8) The term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Secu-
p.(None): rity, Government Reform, and the Judiciary of the House of Representatives; and
p.(None): (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security
p.(None): and Governmental Affairs, and the Judiciary of the Senate.
p.(None): (b) SELECTION OF ENTITY.—Not later than 90 days after the date of the enactment of this Act, the
p.(None): President shall select a single department, agency, or element of the executive branch to be responsible
p.(None): for—
p.(None): (1) directing day-to-day oversight of investigations and adjudications for personnel security
...
p.(None): purposes of deter- mining whether to grant a security clearance to an individual where a current
p.(None): investigation or clearance of equal level already
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None):
p.(None):
p.(None): 118 STAT. 3708 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): exists or has been granted by another authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section
p.(None): on a case-by-case basis if the head of the entity selected pursuant to subsection (b) deter- mines that
p.(None): such action is necessary for national security purposes.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None): Deadline. Establishment.
p.(None): (6) The head of the entity selected pursuant to subsection
p.(None): (b) shall establish a review procedure by which agencies can seek review of actions required under this
p.(None): section.
p.(None): (e) DATABASE ON SECURITY CLEARANCES.—(1) Not later than 12 months after the date of the enactment of this
p.(None): Act, the Director of the Office of Personnel Management shall, in cooperation with the heads of the
p.(None): entities selected pursuant to subsections (b) and (c), establish and commence operating and
p.(None): maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial,
p.(None): or revocation of a security clearance or access pertaining to military, civilian, or government contractor
p.(None): personnel shall be entered from all authorized investigative and adjudicative agencies.
p.(None): (2) The database under this subsection shall function to integrate information from existing Federal
p.(None): clearance tracking sys- tems from other authorized investigative and adjudicative agencies into a single consolidated
p.(None): database.
p.(None): (3) Each authorized investigative or adjudicative agency shall check the database under this subsection to
p.(None): determine whether an individual the agency has identified as requiring a security clearance has already been
p.(None): granted or denied a security clearance, or has had a security clearance revoked, by any other authorized
p.(None): investigative or adjudicative agency.
p.(None): (4) The head of the entity selected pursuant to subsection
p.(None): (b) shall evaluate the extent to which an agency is submitting information to, and requesting information
p.(None): from, the database under this subsection as part of a determination of whether to certify the agency as an
p.(None): authorized investigative agency or authorized adjudicative agency.
p.(None): (5) The head of the entity selected pursuant to subsection
p.(None): (b) may authorize an agency to withhold information about certain individuals from the database under this
p.(None): subsection if the head of the entity considers it necessary for national security purposes.
p.(None): (f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEAR- ANCE INVESTIGATIONS AND ADJUDICATIONS.—(1) The
p.(None): head of the entity selected pursuant to subsection (b) shall evaluate the use of available information
...
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle D—Immigration Reform
p.(None): 118 STAT. 3737
p.(None):
p.(None):
p.(None): SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
p.(None): (a) CRIMINAL PENALTIES.—Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘(4) In the case of a person who has brought aliens into the United States in violation of this
p.(None): subsection, the sentence otherwise provided for may be increased by up to 10 years if—
p.(None): ‘‘(A) the offense was part of an ongoing commercial organization or enterprise;
p.(None): ‘‘(B) aliens were transported in groups of 10 or more; and ‘‘(C)(i) aliens were transported in a manner
p.(None): that endan-
p.(None): gered their lives; or
p.(None): ‘‘(ii) the aliens presented a life-threatening health risk to people in the United States.’’.
p.(None): (b) OUTREACH PROGRAM.—Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by
p.(None): subsection (a), is further amended by adding at the end the following:
p.(None): ‘‘(e) OUTREACH PROGRAM.—The Secretary of Homeland Secu- rity, in consultation with the Attorney General
p.(None): and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate
p.(None): the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation
p.(None): of this section.’’.
p.(None): SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY- TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
p.(None): Section 237(a)(4) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(4)) is amended by adding at the end the following: ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.—
p.(None): ‘‘(i) IN GENERAL.—Any alien who has received mili- tary-type training from or on behalf of any organization that, at
p.(None): the time the training was received, was a terrorist organization (as defined in subclause (I) or
p.(None): (II) of section 212(a)(3)(B)(vi)), is deportable.
p.(None): ‘‘(ii) DEFINITION.—As used in this subparagraph, the term ‘military-type training’ includes training in
p.(None): means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt
p.(None): services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive,
p.(None): firearm, or other weapon, including any weapon of mass destruction (as defined in section 2332a(c)(2) of
p.(None): title 18, United States Code).’’.
p.(None): SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
p.(None): (a) STUDY.—Commencing not later than 30 days after the date of the enactment of this Act, the Comptroller General of
p.(None): the United States shall conduct a study to evaluate the extent to which weak- nesses in the United States asylum
p.(None): system and withholding of removal system have been or could be exploited by aliens connected to, charged in
p.(None): connection with, or tied to terrorist activity.
p.(None): (b) ELEMENTS.—The study under subsection (a) shall address, but not be limited to, the following:
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3738 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
...
p.(None): government official who receives information under Rule 6(e)(3)(D) may use the information only con- sistent with such
p.(None): guidelines as the Attorney Gen- eral and the Director of National Intelligence shall jointly issue.’’; and
p.(None): (C) in subparagraph (E)—
p.(None): (i) by redesignating clauses (iii) and (iv) as clauses
p.(None): (iv) and (v), respectively;
p.(None): (ii) by inserting after clause (ii) the following:
p.(None): ‘‘(iii) at the request of the government, when sought by a foreign court or prosecutor for use
p.(None): in an official criminal investigation;’’; and
p.(None): (iii) in clause (iv), as redesignated—
p.(None): (I) by striking ‘‘state or Indian tribal’’ and inserting ‘‘State, Indian tribal, or foreign’’; and
p.(None): (II) by striking ‘‘or Indian tribal official’’ and inserting ‘‘Indian tribal, or foreign government offi-
p.(None): cial’’; and
p.(None): (2) in paragraph (7), by inserting ‘‘, or of guidelines jointly issued by the Attorney General and the Director
p.(None): of National Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’.
p.(None): (b) CONFORMING AMENDMENT.—Section 203(c) of Public Law 107–56 (18 U.S.C. 2517 note) is amended by
p.(None): striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3761
p.(None):
p.(None):
p.(None): Subtitle G—Providing Material Support to Terrorism
p.(None): SEC. 6601. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Material Support to Ter- rorism Prohibition Enhancement Act of 2004’’.
p.(None): SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new
p.(None): section:
p.(None): ‘‘§ 2339D. Receiving military-type training from a foreign ter- rorist organization
p.(None): ‘‘(a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any
p.(None): organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the
p.(None): Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title
p.(None): or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the
p.(None): organization is a designated terrorist organiza- tion (as defined in subsection (c)(4)), that the organization
p.(None): has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and
p.(None): Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of
p.(None): the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
p.(None): ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under this
p.(None): section. There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and
p.(None): Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in
p.(None): section 101(a)(20) of the Immigra- tion and Nationality Act);
p.(None): ‘‘(2) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(3) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(4) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(5) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(6) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).
p.(None): ‘‘(c) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious
p.(None): bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the
p.(None): use, storage, production, or assembly of any explosive, firearm or other weapon, including
p.(None):
p.(None): Material Support to Terrorism Prohibition Enhancement Act of 2004.
p.(None): 18 USC 2331
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): any weapon of mass destruction (as defined in section 2232a(c)(2));
p.(None): ‘‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365(h)(3);
p.(None): ‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national
p.(None): security, economic security, public health or safety including both regional and national infrastructure.
p.(None): Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and
p.(None): oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical
p.(None): power generation or delivery systems, financing and banking systems, emergency services (including medical, police,
p.(None): fire, and rescue services), and transportation systems and services (including highways, mass transit,
p.(None): airlines, and airports); and
p.(None): ‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist
p.(None): organization under sec- tion 219(a)(1) of the Immigration and Nationality Act.’’.
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC 2339C.
p.(None): (g) SUNSET PROVISION.—
p.(None): (1) IN GENERAL.—Except as provided in paragraph (2), this section and the amendments made by this section shall
p.(None): cease to be effective on December 31, 2006.
p.(None): (2) EXCEPTION.—This section and the amendments made by this section shall continue in effect with respect
p.(None): to any particular offense that—
p.(None): (A) is prohibited by this section or amendments made by this section; and
p.(None): (B) began or occurred before December 31, 2006.
p.(None): SEC. 6604. FINANCING OF TERRORISM.
p.(None): (a) FINANCING TERRORISM.—Section 2339c(c)(2) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or resources, or any funds or proceeds of such
p.(None): funds’’;
p.(None): (2) in subparagraph (A), by striking ‘‘were provided’’ and inserting ‘‘are to be provided, or knowing
p.(None): that the support or resources were provided,’’; and
p.(None): (3) in subparagraph (B)—
p.(None): (A) by striking ‘‘or any proceeds of such funds’’; and
p.(None): (B) by striking ‘‘were provided or collected’’ and inserting ‘‘are to be provided or collected, or
p.(None): knowing that the funds were provided or collected,’’.
p.(None): (b) DEFINITIONS.—Section 2339c(e) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘and’’ at the end of paragraph (12);
p.(None): (2) by redesignating paragraph (13) as paragraph (14);
p.(None):
p.(None): and
p.(None): (3) by inserting after paragraph (12) the following:
p.(None): ‘‘(13) the term ‘material support or resources’ has the same
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Stop Terrorist and Military Hoaxes Act of 2004.
p.(None): 18 USC 1 note.
p.(None): meaning given that term in section 2339B(g)(4) of this title; and’’.
p.(None):
p.(None): Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004
p.(None): SEC. 6701. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Stop Terrorist and Military Hoaxes Act of 2004’’.
p.(None): SEC. 6702. HOAXES AND RECOVERY COSTS.
p.(None): (a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, United States Code, is amended by inserting after
p.(None): section 1037 the fol- lowing:
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘§ 1038. False information and hoaxes
p.(None): ‘‘(a) CRIMINAL VIOLATION.—
p.(None): 118 STAT. 3765
p.(None): ‘‘(1) IN GENERAL.—Whoever engages in any conduct with intent to convey false or misleading information
p.(None): under cir- cumstances where such information may reasonably be believed and where such information indicates that
p.(None): an activity has taken, is taking, or will take place that would constitute a violation of chapter 2,
p.(None): 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42
p.(None): U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section
p.(None): 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—
p.(None): ‘‘(A) be fined under this title or imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years,
p.(None): or both; and
p.(None): ‘‘(C) if death results, be fined under this title or impris- oned for any number of years up to life, or both.
p.(None): ‘‘(2) ARMED FORCES.—Any person who makes a false state- ment, with intent to convey false or misleading
...
p.(None): (a) CHAPTER 113B.—The table of sections for chapter 113B of title 18, United States Code, is amended by
p.(None): inserting the fol- lowing after the item for section 2332f:
p.(None): ‘‘2332g. Missile systems designed to destroy aircraft. ‘‘2332h. Radiological dispersal devices.’’.
p.(None): (b) CHAPTER 10.—The table of sections for chapter 10 of title 18, United States Code, is amended by
p.(None): inserting the following item after the item for section 175b:
p.(None): ‘‘175c. Variola virus.’’.
p.(None):
p.(None): Subtitle K—Pretrial Detention of Terrorists
p.(None): SEC. 6951. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Pretrial Detention of Terror- ists Act of 2004’’.
p.(None): SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM.
p.(None): Section 3142 of title 18, United States Code, is amended—
p.(None): (1) in subsection (e)—
p.(None): (A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and
p.(None): (B) by inserting ‘‘or an offense listed in section 2332b(g)(5)(B) of title 18, United States
p.(None): Code, for which a maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘or 2332b of this
p.(None): title,’’; and
p.(None): (2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or an offense listed in section 2332b(g)(5)(B) for
p.(None): which a maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘violence’’ each place such
p.(None): term appears.
p.(None): TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
p.(None): SEC. 7001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘9/11 Commission Implementation Act of 2004’’.
p.(None): Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism
p.(None): SEC. 7101. FINDINGS.
p.(None): Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Congress makes the following findings:
p.(None): (1) Long-term success in the war on terrorism demands the use of all elements of national power, including
p.(None): diplomacy, military action, intelligence, covert action, law enforcement, economic policy, foreign aid,
p.(None): public diplomacy, and homeland defense.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Pretrial Detention of Terrorists Act of 2004.
p.(None): 18 USC 3141
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 9/11 Commission Implementation Act of 2004.
p.(None):
p.(None): 6 USC 101 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2656
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3776 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) To win the war on terrorism, the United States must assign to economic and diplomatic capabilities
p.(None): the same stra- tegic priority that is assigned to military capabilities.
p.(None): (3) The legislative and executive branches of the Govern- ment of the United States must commit to
p.(None): robust, long-term investments in all of the tools necessary for the foreign policy of the United States
p.(None): to successfully accomplish the goals of the United States.
p.(None): (4) The investments referred to in paragraph (3) will require increased funding to United States
p.(None): foreign affairs pro- grams in general, and to priority areas as described in this title in particular.
p.(None): SEC. 7102. TERRORIST SANCTUARIES.
p.(None):
p.(None): 22 USC 2656f
p.(None): note.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Complex terrorist operations require locations that pro- vide such operations sanctuary from interference by
p.(None): Govern- ment or law enforcement personnel.
p.(None): (2) A terrorist sanctuary existed in Afghanistan before September 11, 2001.
p.(None): (3) The terrorist sanctuary in Afghanistan provided direct and indirect value to members of al Qaeda who
p.(None): participated in the terrorist attacks on the United States on September 11, 2001, and in other terrorist
p.(None): operations.
p.(None): (4) Terrorist organizations have fled to some of the least governed and most lawless places in the
p.(None): world to find sanc- tuary.
p.(None): (5) During the 21st century, terrorists are often focusing on remote regions and failing states as locations to
p.(None): seek sanc- tuary.
p.(None): (b) SENSE OF CONGRESS ON UNITED STATES POLICY ON TER- RORIST SANCTUARIES.—It is the sense of
p.(None): Congress that it should be the policy of the United States—
...
p.(None): (vi) continuing to hold elections for public officials;
p.(None):
p.(None): and
p.(None): (vii) ending the cultivation, production, and traf-
p.(None): ficking of narcotics.
p.(None): (C) The United States and the international community must make a long-term commitment to addressing the
p.(None): unstable security situation in Afghanistan and the bur- geoning narcotics trade, endemic poverty, and other
p.(None): serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for
p.(None): international terrorism.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should take, with
p.(None): respect to Afghanistan, the following actions:
p.(None): (A) Work with other nations to obtain long-term secu- rity, political, and financial commitments and fulfillment
p.(None): of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act
p.(None): of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous
p.(None): Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
p.(None): (B) Use the voice and vote of the United States in relevant international organizations, including the
p.(None): North Atlantic Treaty Organization and the United Nations Secu- rity Council, to strengthen international
p.(None): commitments to assist the Government of Afghanistan in enhancing secu- rity, building national police and
p.(None): military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the
p.(None): country.
p.(None): (C) Take appropriate steps to increase the assistance provided under programs of the Department of State
p.(None): and the United States Agency for International Development throughout Afghanistan and to increase the
p.(None): number of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3781
p.(None):
p.(None):
p.(None): personnel of those agencies in Afghanistan as necessary to support the increased assistance.
p.(None): (c) COORDINATOR FOR ASSISTANCE.—
p.(None): (1) FINDINGS.—Congress makes the following findings:
p.(None): (A) The Final Report of the National Commission on Terrorist Attacks Upon the United States criticized
p.(None): the provision of United States assistance to Afghanistan for being too inflexible.
p.(None): (B) The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) contains provisions that
p.(None): provide for flexibility in the provision of assistance for Afghanistan and are not subject to the requirements
p.(None): of typical foreign assistance programs and provide for the designation of a coordinator to oversee
p.(None): United States assistance for Afghanistan.
p.(None): (2) DESIGNATION OF COORDINATOR.—Section 104(a) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7514(a)) is amended in the matter preceding paragraph (1) by striking ‘‘is strongly urged to’’ and inserting
p.(None): ‘‘shall’’.
p.(None): (d) ASSISTANCE PLAN; INTERNATIONAL COORDINATION.—Section
p.(None): 104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended by adding at the end the
p.(None): following:
p.(None): ‘‘(c) ASSISTANCE PLAN.—
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7555.
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): (A) DECLARATION OF POLICY.—Congress reaffirms the authorities contained in title I of the Afghanistan Freedom
p.(None): Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic development assistance
p.(None): for Afghanistan.
p.(None): (B) PROVISION OF ASSISTANCE.—Section 103(a) of such Act (22 U.S.C. 7513(a)) is amended in the matter
p.(None): preceding paragraph (1) by striking ‘‘section 512 of Public Law 107– 115 or any other similar’’ and inserting ‘‘any
p.(None): other’’.
p.(None): (2) DECLARATIONS OF GENERAL POLICY.—Congress makes the following declarations:
p.(None): (A) The United States reaffirms the support that it and other countries expressed for the report
p.(None): entitled ‘‘Securing Afghanistan’s Future’’ in their Berlin Declaration of April 2004. The United States should
p.(None): help enable the growth needed to create an economically sustainable Afghanistan capable of the
p.(None): poverty reduction and social development foreseen in the report.
p.(None): (B) The United States supports the parliamentary elec- tions to be held in Afghanistan by April 2005 and will
p.(None): help ensure that such elections are not undermined, including by warlords or narcotics traffickers.
p.(None): (C) The United States continues to urge North Atlantic Treaty Organization members and other friendly countries to
p.(None): make much greater military contributions toward securing the peace in Afghanistan.
p.(None): (3) FORM OF REPORTS.—Section 304 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7554) is
p.(None): amended—
p.(None): (A) by striking ‘‘The Secretary’’ and inserting the fol- lowing:
p.(None): ‘‘(a) IN GENERAL.—The Secretary’’;
p.(None): (B) by striking ‘‘The first report’’ and inserting the following:
p.(None): ‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress
p.(None): (including a committee of Congress) by this Act may contain a classified annex.’’.
p.(None): (4) LONG-TERM STRATEGY.—
p.(None): (A) STRATEGY.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI- STAN.
p.(None): ‘‘(a) STRATEGY.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the President
p.(None): shall formulate a 5-year strategy for Afghanistan and submit such strategy to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None): of Representatives.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3783
p.(None):
p.(None):
p.(None): ‘‘(2) CONTENTS.—The strategy formulated under paragraph
...
p.(None): 2002 (22 U.S.C. 7536(c)(2)) shall include a description of the progress to implement paragraph (1).
p.(None): (2) INTERNATIONAL PEACEKEEPING AND SECURITY OPER- ATIONS.—Section 206 of such Act (22 U.S.C. 7536) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘(e) UNITED STATES POLICY RELATING TO INTERNATIONAL
p.(None): PEACEKEEPING AND SECURITY OPERATIONS.—It shall be the policy of the United States to make every effort to
p.(None): support the expansion of international peacekeeping and security operations in Afghani- stan in order to—
p.(None): ‘‘(1) increase the area in which security is provided and undertake vital tasks related to promoting
p.(None): security, such as disarming warlords, militias, and irregulars, and disrupting opium production; and
p.(None): ‘‘(2) safeguard highways in order to allow the free flow of commerce and to allow material assistance
p.(None): to the people of Afghanistan, and aid personnel in Afghanistan, to move more freely.’’.
p.(None): (i) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.—Section
p.(None): 206(d)(1) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as
p.(None): follows:
p.(None): ‘‘(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.—
p.(None): ‘‘(A) EFFORTS.—The President shall encourage, and, as authorized by law, enable other countries to
p.(None): actively participate in expanded international peacekeeping and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3787
p.(None):
p.(None):
p.(None): security operations in Afghanistan, especially through the provision of military personnel for extended periods
p.(None): of time. ‘‘(B) REPORTS.—The President shall prepare and transmit a report on the efforts carried out
p.(None): pursuant to subparagraph (A) to the Committee on Foreign Relations of the Senate and the Committee on
p.(None): International Relations of the House of Representatives. The first report under this subparagraph shall be
p.(None): transmitted not later than 60 days after the date of the enactment of the Afghanistan Freedom Support Act
p.(None): Amendments of 2004 and subsequent reports shall be transmitted every 6 months thereafter and may be included
p.(None): in the report required by subsection
p.(None): (c)(2).’’.
p.(None): (j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
p.(None): AFGHANISTAN.—
p.(None): (1) AUTHORIZATION OF ASSISTANCE.—Section 103(a)(3)(A) of the Afghanistan Freedom Support Act of
p.(None): 2002 (22 U.S.C. 7513(a)(3)(A)) is amended—
p.(None): (A) in clause (i), by striking ‘‘establish crop substitution programs,’’ and inserting ‘‘promote alternatives to
p.(None): poppy cultivation, including the introduction of high value crops that are suitable for export and the provision
p.(None): of appropriate technical assistance and credit mechanisms for farmers,’’;
p.(None): (B) in clause (ii), by inserting before the semicolon at the end the following: ‘‘, and to create
p.(None): special counter- narcotics courts, prosecutors, and places of incarceration’’;
p.(None): (C) in clause (iii), by inserting before the semicolon at the end the following: ‘‘, in particular,
p.(None): notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
...
p.(None): under which parties to an agreement work in partnership to address and interdict acts of international
p.(None): ter- rorism.
p.(None): (c) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM.—
p.(None): (1) SENSE OF CONGRESS.—It is the sense of Congress that the President—
p.(None): (A) should seek to engage the leaders of the govern- ments of other countries in a process of advancing beyond
p.(None): separate and uncoordinated national counterterrorism strategies to develop with those other governments a com-
p.(None): prehensive multilateral strategy to fight terrorism; and
p.(None): (B) to that end, should seek to establish an inter- national counterterrorism policy contact group with
p.(None): the leaders of governments providing leadership in global counterterrorism efforts and governments of
p.(None): countries with sizable Muslim populations, to be used as a ready and flexible international means for
p.(None): discussing and coordinating the development of important counterterrorism policies by the participating
p.(None): governments.
p.(None):
p.(None): President. Establishment.
p.(None): (2) AUTHORITY.—The President is authorized to establish an international counterterrorism policy contact
p.(None): group with the leaders of governments referred to in paragraph (1) for the following purposes:
p.(None): (A) To meet annually, or more frequently as the Presi- dent determines appropriate, to develop in common with
p.(None): such other governments important policies and a strategy that address the various components of
p.(None): international prosecution of the war on terrorism, including policies and a strategy that address military issues,
p.(None): law enforcement, the collection, analysis, and dissemination of intelligence, issues relating to
p.(None): interdiction of travel by terrorists, counterterrorism-related customs issues, financial issues, and issues
p.(None): relating to terrorist sanctuaries.
p.(None): (B) To address, to the extent (if any) that the President and leaders of other participating governments
p.(None): determine appropriate, long-term issues that can contribute to strengthening stability and security in
p.(None): the Middle East.
p.(None): SEC. 7118. FINANCING OF TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The death or capture of several important financial facilitators has decreased the amount of money
p.(None): available to al Qaeda, and has made it more difficult for al Qaeda to raise and move money.
p.(None): (2) The capture of al Qaeda financial facilitators has pro- vided a windfall of intelligence that can
p.(None): be used to continue the cycle of disruption.
p.(None): (3) The United States Government has rightly recognized that information about terrorist money helps in
p.(None): understanding terror networks, searching them out, and disrupting their oper- ations.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3801
p.(None):
p.(None): (1) a critical weapon in the effort to stop terrorist financing should be the targeting of terrorist financial
p.(None): facilitators by intelligence and law enforcement agencies; and
...
p.(None): (3) CONTENTS.—The strategy may address—
p.(None): (A) a program for collecting, analyzing, disseminating, and utilizing information and intelligence regarding ter-
p.(None): rorist travel tactics and methods, and outline which Federal intelligence, diplomatic, and law enforcement agencies
p.(None): will be held accountable for implementing each element of the strategy;
p.(None): (B) the intelligence and law enforcement collection, analysis, operations, and reporting required to identify and
p.(None): disrupt terrorist travel tactics, practices, patterns, and trends, and the terrorist travel
p.(None): facilitators, document forgers, human smugglers, travel agencies, and corrupt border and transportation
p.(None): officials who assist terrorists;
p.(None): (C) the training and training materials required by consular, border, and immigration officials to
p.(None): effectively detect and disrupt terrorist travel described under sub- section (c)(3);
p.(None): (D) the new technology and procedures required and actions to be taken to integrate existing
p.(None): counterterrorist travel document and mobility intelligence into border secu- rity processes, including consular,
p.(None): port of entry, border patrol, maritime, immigration benefits, and related law enforcement activities;
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None): 50 USC 404o
p.(None): note. Deadline. Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3810 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (E) the actions required to integrate current terrorist mobility intelligence into military force
p.(None): protection meas- ures;
p.(None): (F) the additional assistance to be given to the inter- agency Human Smuggling and Trafficking Center for pur-
p.(None): poses of combatting terrorist travel, including further devel- oping and expanding enforcement and operational
p.(None): capabili- ties that address terrorist travel;
p.(None): (G) the actions to be taken to aid in the sharing of information between the frontline border agencies
p.(None): of the Department of Homeland Security, the Department of State, and classified and
p.(None): unclassified sources of counterterrorist travel intelligence and information else- where in the Federal
p.(None): Government, including the Human Smuggling and Trafficking Center;
p.(None): (H) the development and implementation of procedures to enable the National Counterterrorism Center, or its
p.(None): designee, to timely receive terrorist travel intelligence and documentation obtained at consulates and ports of
p.(None): entry, and by law enforcement officers and military personnel;
p.(None): (I) the use of foreign and technical assistance to advance border security measures and law
p.(None): enforcement operations against terrorist travel facilitators;
p.(None): (J) the feasibility of developing a program to provide each consular, port of entry, and immigration benefits
p.(None): office with a counterterrorist travel expert trained and authorized to use the relevant authentication technologies and
p.(None): cleared to access all appropriate immigration, law enforcement, and intelligence databases;
p.(None): (K) the feasibility of digitally transmitting suspect passport information to a central cadre of
p.(None): specialists, either as an interim measure until such time as experts described under subparagraph (J) are available
p.(None): at consular, port of entry, and immigration benefits offices, or otherwise;
p.(None): (L) the development of a mechanism to ensure the coordination and dissemination of terrorist travel
p.(None): intel- ligence and operational information among the Department of Homeland Security, the Department of
p.(None): State, the National Counterterrorism Center, and other appropriate agencies;
p.(None): (M) granting consular officers and immigration adju- dicators, as appropriate, the security clearances
p.(None): necessary to access law enforcement sensitive and intelligence data- bases; and
p.(None): (N) how to integrate travel document screening for terrorism indicators into border screening, and how to
...
p.(None):
p.(None): to be an administrative commitment for financing. An obligation or administrative commitment may be made only as
p.(None): amounts are provided in authorization and appropria- tions laws.
p.(None): (F) STATUTORY CONSTRUCTION.—Nothing in this sub- section shall be construed—
p.(None): (i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same
p.(None): fiscal year as the letter of intent is issued; or
p.(None): (ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not
p.(None): provided pursuant to a commitment under this sub- section.
p.(None): (f) INTEROPERABLE COMMUNICATIONS PLANS.—Any applicant requesting funding assistance from the Secretary for
p.(None): interoperable communications for emergency response providers shall submit an Interoperable Communications
p.(None): Plan to the Secretary for approval. Such a plan shall—
p.(None): (1) describe the current state of communications interoper- ability in the applicable jurisdictions among
p.(None): Federal, State, and local emergency response providers and other relevant private resources;
p.(None): (2) describe the available and planned use of public safety frequency spectrum and resources for interoperable
p.(None): communica- tions within such jurisdictions;
p.(None): (3) describe how the planned use of spectrum and resources for interoperable communications is compatible
p.(None): with sur- rounding capabilities and interoperable communications plans of Federal, State, and local
p.(None): governmental entities, military installations, foreign governments, critical infrastructure, and other relevant
p.(None): entities;
p.(None): (4) include a 5-year plan for the dedication of Federal, State, and local government and private
p.(None): resources to achieve a consistent, secure, and effective interoperable communications system, including planning,
p.(None): system design and engineering, testing and technology development, procurement and installa- tion, training, and
p.(None): operations and maintenance; and
p.(None): (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements
p.(None): established by the Secretary.
p.(None): (g) DEFINITIONS.—In this section:
p.(None): (1) INTEROPERABLE COMMUNICATIONS.—The term ‘‘inter- operable communications’’ means the ability of
p.(None): emergency response providers and relevant Federal, State, and local government agencies to communicate
p.(None): with each other as nec- essary, through a dedicated public safety network utilizing information technology
p.(None): systems and radio communications sys- tems, and to exchange voice, data, or video with one another on demand,
p.(None): in real time, as necessary.
p.(None): (2) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emer- gency response providers’’ has the meaning that term has
p.(None): under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
p.(None): (h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE COMMUNICATIONS.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3847
p.(None):
p.(None):
...
p.(None): the Sec- retary of Homeland Security should—
p.(None): (A) identify those elements of the United States’ transportation, energy, communications,
p.(None): financial, and other institutions that need to be protected;
p.(None): (B) develop plans to protect that infrastructure; and
p.(None): (C) exercise mechanisms to enhance preparedness.
p.(None): (b) REPORTS ON RISK ASSESSMENT AND READINESS.—Not later than 180 days after the date of enactment of
p.(None): this Act, and in conjunction with the reporting requirements of Public Law 108– 330, the Secretary of
p.(None): Homeland Security shall submit a report to Congress on—
p.(None): (1) the Department of Homeland Security’s progress in completing vulnerability and risk assessments of the
p.(None): Nation’s critical infrastructure;
p.(None): (2) the adequacy of the Government’s plans to protect such infrastructure; and
p.(None): (3) the readiness of the Government to respond to threats against the United States.
p.(None): SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
p.(None): It is the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the plans and
p.(None): strategies of the United States Northern Command with a view to ensuring that the United States Northern
p.(None): Command is prepared to respond effec- tively to all military and paramilitary threats within the United
p.(None): States, should it be called upon to do so by the President.
p.(None): SEC. 7308. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): Subtitle D—Homeland Security
p.(None): SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
p.(None): It is the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to
p.(None): reform the system for distributing grants to enhance State and local government prevention of, preparedness
p.(None): for, and response to acts of terrorism.
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3850 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
p.(None): Section 102(f) of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 112(f)) is amended—
p.(None): (1) in paragraph (6), by striking ‘‘and’’ at the end;
p.(None): (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and
p.(None): (3) by adding at the end the following:
p.(None): ‘‘(8) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to
...
p.(None): adminis- tration of a potential nationwide interoperable broadband mobile communications network; and
p.(None): (2) consider the use of commercial wireless technologies to the greatest extent practicable.
p.(None): (d) REPORTS.—(1) Not later than one year after the date of enactment of this Act, the Federal
p.(None): Communications Commission (in the case of the study required by subsection (a)) and the Sec- retary of
p.(None): Homeland Security (in the case of the study required by subsection (b)) shall submit to the appropriate
p.(None): committees of Congress a report on such study, including the findings of such study.
p.(None): (2) In this subsection, the term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Committee on Commerce, Science, and Transpor- tation and the Committee on Homeland Security and
p.(None): Govern- mental Affairs of the Senate; and
p.(None): (B) the Committee on Energy and Commerce and the Select Committee on Homeland Security of the House of Representa-
p.(None): tives.
p.(None): Subtitle F—Presidential Transition
p.(None): SEC. 7601. PRESIDENTIAL TRANSITION.
p.(None): (a) SERVICES PROVIDED PRESIDENT-ELECT.—Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note)
p.(None): is amended—
p.(None): (1) by adding after subsection (a)(8)(A)(iv) the following:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3857
p.(None):
p.(None):
p.(None): ‘‘(v) Activities under this paragraph shall include the preparation of a detailed classified, compartmented
p.(None): summary by the relevant outgoing executive branch officials of specific operational threats to national secu-
p.(None): rity; major military or covert operations; and pending decisions on possible uses of military force. This
p.(None): sum- mary shall be provided to the President-elect as soon as possible after the date of the general elections
p.(None): held to determine the electors of President and Vice Presi- dent under section 1 or 2 of title 3,
p.(None): United States Code.’’;
p.(None): (2) by redesignating subsection (f) as subsection (g); and
p.(None): (3) by adding after subsection (e) the following:
p.(None): ‘‘(f)(1) The President-elect should submit to the Federal Bureau of Investigation or other appropriate agency and then,
p.(None): upon taking effect and designation, to the agency designated by the President under section 115(b) of the
p.(None): National Intelligence Reform Act of 2004, the names of candidates for high level national security
p.(None): positions through the level of undersecretary of cabinet departments as soon as possible after the date of the
p.(None): general elections held to determine the electors of President and Vice President under section 1 or 2 of
p.(None): title 3, United States Code.
p.(None): ‘‘(2) The responsible agency or agencies shall undertake and complete as expeditiously as possible the
p.(None): background investigations necessary to provide appropriate security clearances to the individ- uals who are
p.(None): candidates described under paragraph (1) before the date of the inauguration of the President-elect as
p.(None): President and the inauguration of the Vice-President-elect as Vice President.’’.
p.(None): (b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDER- ATION OF NATIONAL SECURITY NOMINEES.—It is
p.(None): the sense of the Senate that—
p.(None): (1) the President-elect should submit the nominations of candidates for high-level national security
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p.(None): Program’) to award
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–1.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–2.
p.(None):
p.(None):
p.(None): 118 STAT. 3680 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): scholarships to individuals that is designed to recruit and pre- pare students for civilian careers in the intelligence
p.(None): community to meet the critical needs of the intelligence community agen- cies.
p.(None): ‘‘(2) SELECTION OF RECIPIENTS.—
p.(None): ‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be selected to receive scholarships under this section through a
p.(None): competitive process primarily on the basis of academic merit and the needs of the agency.
p.(None): ‘‘(B) DEMONSTRATED COMMITMENT.—Individuals
p.(None): selected under this section shall have a demonstrated commitment to the field of study for which the
p.(None): scholarship is awarded.
p.(None): ‘‘(3) CONTRACTUAL AGREEMENTS.—To carry out the Program the head of each agency shall enter into contractual
p.(None): agreements with individuals selected under paragraph (2) under which the individuals agree to serve as
p.(None): full-time employees of the agency, for the period described in subsection (g)(1), in positions needed by the agency
p.(None): and for which the individuals are quali- fied, in exchange for receiving a scholarship.
p.(None): ‘‘(b) ELIGIBILITY.—In order to be eligible to participate in the Program, an individual shall—
p.(None): ‘‘(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher
p.(None): education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or
p.(None): discipline described in the list made avail- able under subsection (d);
p.(None): ‘‘(2) be a United States citizen; and
p.(None): ‘‘(3) at the time of the initial scholarship award, not be an employee (as defined under section 2105
p.(None): of title 5, United States Code).
p.(None): ‘‘(c) APPLICATION.— An individual seeking a scholarship under this section shall submit an application to the Director
p.(None): of National Intelligence at such time, in such manner, and containing such information, agreements, or
p.(None): assurances as the Director may require. ‘‘(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National
p.(None): Intelligence shall—
p.(None): ‘‘(1) make publicly available a list of academic programs and fields of study for which scholarships
p.(None): under the Program may be used; and
p.(None): ‘‘(2) update the list as necessary. ‘‘(e) SCHOLARSHIPS.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence may provide a scholarship under the Program for an
p.(None): academic year if the individual applying for the scholarship has submitted to the Director, as part of the
p.(None): application required under sub- section (c), a proposed academic program leading to a degree in a program
p.(None): or field of study on the list made available under subsection (d).
p.(None): ‘‘(2) LIMITATION ON YEARS.—An individual may not receive a scholarship under this section for more than 4
p.(None): academic years, unless the Director of National Intelligence grants a waiver.
p.(None): ‘‘(3) STUDENT RESPONSIBILITIES.—Scholarship recipients shall maintain satisfactory academic progress.
p.(None): ‘‘(4) AMOUNT.—The dollar amount of a scholarship under this section for an academic year shall be
p.(None): determined under
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3681
p.(None):
p.(None): regulations issued by the Director of National Intelligence, but shall in no case exceed the cost of
p.(None): tuition, fees, and other authorized expenses as established by the Director.
p.(None): ‘‘(5) USE OF SCHOLARSHIPS.—A scholarship provided under this section may be expended for tuition, fees, and other
p.(None): author- ized expenses as established by the Director of National Intel- ligence by regulation.
p.(None): ‘‘(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The
p.(None): Director of National Intelligence may enter into a contractual agreement with an institution of higher
p.(None): education under which the amounts provided for a scholarship under this section for tuition, fees, and
p.(None): other authorized expenses are paid directly to the institution with respect to which the scholarship is
p.(None): provided.
p.(None): ‘‘(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—
p.(None): ‘‘(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding para- graphs (1) and (3) of subsection (b), 10 percent
p.(None): of the scholar- ships awarded under this section shall be set aside for individ- uals who are employees of
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p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3639
p.(None):
p.(None): Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): Sec. 1071. Conforming amendments relating to roles of Director of National Intel- ligence and Director of
p.(None): the Central Intelligence Agency.
p.(None): Sec. 1072. Other conforming amendments.
p.(None): Sec. 1073. Elements of intelligence community under National Security Act of 1947. Sec. 1074. Redesignation of
p.(None): National Foreign Intelligence Program as National In-
p.(None): telligence Program.
p.(None): Sec. 1075. Repeal of superseded authority.
p.(None): Sec. 1076. Clerical amendments to National Security Act of 1947.
p.(None): Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di- rector of the Central
p.(None): Intelligence Agency.
p.(None): Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
p.(None): Sec. 1079. Ethics matters.
p.(None): Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and
p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security Sec. 4001. National Strategy for Transportation Security.
p.(None): Subtitle B—Aviation Security
p.(None): Sec. 4011. Provision for the use of biometric or other technology. Sec. 4012. Advanced airline passenger
p.(None): prescreening.
...
p.(None): section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal,
p.(None): State, or local government or other source nec- essary to fulfill its responsibilities and retain and
p.(None): disseminate such intelligence.
p.(None): ‘‘(2) Any agency authorized to conduct counterterrorism activi- ties may request information from the Center to
p.(None): assist it in its
p.(None):
p.(None):
p.(None): 118 STAT. 3674 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
p.(None): ‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The
p.(None): Director of the National Counterterrorism Center shall—
p.(None): ‘‘(A) serve as the principal adviser to the Director of National Intelligence on intelligence
p.(None): operations relating to counterterrorism;
p.(None): ‘‘(B) provide strategic operational plans for the civilian and military counterterrorism efforts of
p.(None): the United States Government and for the effective integration of counterterrorism
p.(None): intelligence and operations across agency boundaries, both inside and outside the United States;
p.(None): ‘‘(C) advise the Director of National Intelligence on the extent to which the counterterrorism program
p.(None): recommendations and budget proposals of the departments, agencies, and ele- ments of the United States
p.(None): Government conform to the prior- ities established by the President;
p.(None): ‘‘(D) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice
p.(None): President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director
p.(None): of the Central Intelligence Agency, and other officials of the executive branch as appro- priate, and to
p.(None): the appropriate committees of Congress;
p.(None): ‘‘(E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in
p.(None): fulfill- ment of their responsibilities to disseminate terrorism informa- tion, consistent with applicable law,
p.(None): guidelines referred to in section 102A(b), Executive orders and other Presidential guid- ance, to State and
p.(None): local government officials, and other entities, and coordinate dissemination of terrorism information to foreign
p.(None): governments as approved by the Director of National Intel- ligence;
p.(None): ‘‘(F) develop a strategy for combining terrorist travel intel- ligence operations and law enforcement planning
p.(None): and oper- ations into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain
p.(None): terrorist mobility;
p.(None): ‘‘(G) have primary responsibility within the United States Government for conducting net assessments of
p.(None): terrorist threats; ‘‘(H) consistent with priorities approved by the President, assist the Director of
p.(None): National Intelligence in establishing requirements for the intelligence community for the collection
p.(None): of terrorism information; and
p.(None): ‘‘(I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by
p.(None): law.
...
p.(None): the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central
p.(None): Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be
p.(None): deemed to be a reference to the Director of the Central Intelligence Agency.
p.(None): (c) COMMUNITY MANAGEMENT STAFF.—Any reference to the Community Management Staff in any law, regulation,
p.(None): document, paper, or other record of the United States shall be deemed to be a reference to the staff of the
p.(None): Office of the Director of National Intelligence.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions
p.(None): 118 STAT. 3697
p.(None):
p.(None):
p.(None): SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
p.(None): (a) TRANSFER.—There shall be transferred to the Office of the Director of National Intelligence such
p.(None): staff of the Community Management Staff as of the date of the enactment of this Act as the Director
p.(None): of National Intelligence determines to be appro- priate, including all functions and activities discharged
p.(None): by the Community Management Staff as of that date.
p.(None): (b) ADMINISTRATION.—The Director of National Intelligence shall administer the Community Management
p.(None): Staff after the date of the enactment of this Act as a component of the Office of the Director of
p.(None): National Intelligence under section 103 of the National Security Act of 1947, as amended by section 1011(a) of
p.(None): this Act.
p.(None): SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
p.(None): (a) TRANSFER.—There shall be transferred to the National Counterterrorism Center the Terrorist Threat
p.(None): Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the
p.(None): Terrorist Threat Integration Center or its suc- cessor entity as of the date of the enactment of this Act.
p.(None): (b) ADMINISTRATION.—The Director of the National Counterterrorism Center shall administer
p.(None): the Terrorist Threat Integration Center after the date of the enactment of this Act as a component of
p.(None): the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National
p.(None): Secu- rity Act of 1947, as added by section 1021(a) of this Act.
p.(None): SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
p.(None): (a) TERMINATION.—The positions referred to in subsection (b) are hereby abolished.
p.(None): (b) COVERED POSITIONS.—The positions referred to in this sub- section are as follows:
p.(None): (1) The Assistant Director of Central Intelligence for Collec- tion.
p.(None): (2) The Assistant Director of Central Intelligence for Anal- ysis and Production.
p.(None): (3) The Assistant Director of Central Intelligence for Administration.
p.(None): SEC. 1094. IMPLEMENTATION PLAN.
p.(None): The President shall transmit to Congress a plan for the implementation of this title and the
p.(None): amendments made by this title. The plan shall address, at a minimum, the following:
p.(None): (1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant
p.(None): to this title.
p.(None): (2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of
p.(None): National Intelligence pursuant to this title.
p.(None): (3) The establishment of offices within the Office of the Director of National Intelligence to implement
p.(None): the duties and responsibilities of the Director of National Intelligence as described in this title.
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None): House of Representa- tives and the Committee on Commerce, Science, and
p.(None):
p.(None):
p.(None): 118 STAT. 3712 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.
p.(None): ‘‘(5) PRIORITY STATUS.—
p.(None): ‘‘(A) IN GENERAL.—The National Strategy for Transpor- tation Security shall be the governing document for Federal
p.(None): transportation security efforts.
p.(None): ‘‘(B) OTHER PLANS AND REPORTS.—The National
p.(None): Strategy for Transportation Security shall include, as an integral part or as an appendix—
p.(None): ‘‘(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
p.(None): ‘‘(ii) the report required by section 44938 of this title;
p.(None): ‘‘(iii) transportation modal security plans required under this section; and
p.(None): ‘‘(iv) any other transportation security plan or report that the Secretary of Homeland Security deter-
p.(None): mines appropriate for inclusion.’’.
p.(None): (b) AVIATION SECURITY PLANNING; OPERATIONAL CRITERIA.— Section 44904 of title 49, United States Code, is
p.(None): amended—
p.(None): (1) by redesignating subsection (c) as subsection (e); and
p.(None): (2) by inserting after subsection (b) the following:
p.(None): ‘‘(c) MODAL SECURITY PLAN FOR AVIATION.—In addition to the requirements set forth in subparagraphs (B) through
p.(None): (F) of section 114(t)(3), the modal security plan for aviation prepared under sec- tion 114(t) shall—
p.(None): ‘‘(1) establish a damage mitigation and recovery plan for the aviation system in the event of a
p.(None): terrorist attack; and ‘‘(2) include a threat matrix document that outlines each threat to the United
p.(None): States civil aviation system and the cor- responding layers of security in place to address such threat.
p.(None):
p.(None): Deadline. Guidelines.
p.(None): ‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days after the date of the submission of the National Strategy for
p.(None): Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security
p.(None): (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and
p.(None): oper- ations against the threats identified in the plans prepared under section 114(t)(1) and shall
p.(None): approve best practices guidelines for airport assets.’’.
p.(None):
p.(None): Subtitle B—Aviation Security
p.(None): SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECH- NOLOGY.
p.(None): (a) USE OF BIOMETRIC IDENTIFIER TECHNOLOGY.—Section 44903(h) of title 49, United States Code, is amended—
p.(None): (1) in paragraph (4)(E) by striking ‘‘may provide for’’ and inserting ‘‘shall issue, not later than March 31,
p.(None): 2005, guidance for’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
p.(None): CONTROL SYSTEMS.—In issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security
p.(None): (Transpor- tation Security Administration) in consultation with representa- tives of the aviation industry, the
p.(None): biometric identifier industry,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3713
p.(None):
p.(None):
p.(None): and the National Institute of Standards and Technology, shall establish, at a minimum—
p.(None): ‘‘(A) comprehensive technical and operational system requirements and performance standards for the use of
...
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3715
p.(None):
p.(None):
p.(None): ‘‘(C) ADVANCED AIRLINE PASSENGER PRESCREENING.— ‘‘(i) COMMENCEMENT OF TESTING.—Not later than January 1,
p.(None): 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of
p.(None): the Assistant Secretary, shall com- mence testing of an advanced passenger prescreening system that will
p.(None): allow the Department of Homeland Security to assume the performance of comparing pas- senger information, as
p.(None): defined by the Assistant Sec- retary, to the automatic selectee and no fly lists, uti- lizing all
p.(None): appropriate records in the consolidated and integrated terrorist watchlist maintained by the Fed-
p.(None): eral Government.
p.(None): ‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than 180 days after completion of testing under clause (i),
p.(None): the Assistant Secretary, or the designee of the Assist- ant Secretary, shall begin to assume the performance of
p.(None): the passenger prescreening function of comparing passenger information to the automatic selectee and no fly
p.(None): lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist main-
p.(None): tained by the Federal Government in performing that function.
p.(None): ‘‘(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii), the Assistant Secretary shall—
p.(None): Deadlines.
p.(None):
p.(None): ‘‘(I) establish a procedure to enable airline pas- sengers, who are delayed or prohibited from boarding a
p.(None): flight because the advanced passenger prescreening system determined that they might pose a security
p.(None): threat, to appeal such determina- tion and correct information contained in the system;
p.(None): ‘‘(II) ensure that Federal Government data- bases that will be used to establish the identity of a
p.(None): passenger under the system will not produce a large number of false positives;
p.(None): ‘‘(III) establish an internal oversight board to oversee and monitor the manner in which the system is
p.(None): being implemented;
p.(None): ‘‘(IV) establish sufficient operational safe- guards to reduce the opportunities for abuse;
p.(None): ‘‘(V) implement substantial security measures to protect the system from unauthorized access; ‘‘(VI) adopt
p.(None): policies establishing effective over- sight of the use and operation of the system; and ‘‘(VII) ensure that
p.(None): there are no specific privacy concerns with the technological architecture of the
p.(None): system.
p.(None): ‘‘(iv) PASSENGER INFORMATION.—Not later than 180 days after the completion of the testing of the advanced passenger
p.(None): prescreening system, the Assistant Sec- retary, by order or interim final rule—
p.(None): ‘‘(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed
p.(None): to begin implementing the advanced pas- senger prescreening system; and
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None): 118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(II) shall require entities that provide systems and services to air carriers in the operation of air
...
p.(None): greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual
p.(None): seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic
p.(None): selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist
p.(None): watchlist maintained by the Federal Government; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None): ‘‘(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or
p.(None): transport aboard such aircraft any persons identified on such watch list.
p.(None): ‘‘(ii) REQUIREMENTS.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph. ‘‘(iii)
p.(None): NO FLY AND AUTOMATIC SELECTEE LISTS.—
p.(None): The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and
p.(None): review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3717
p.(None):
p.(None):
p.(None): of data maintained, or to be maintained, in the no fly and automatic selectee lists.
p.(None): ‘‘(F) APPLICABILITY.—Section 607 of the Vision 100— Century of Aviation Reauthorization Act (49 U.S.C.
p.(None): 44903 note; 117 Stat. 2568) shall not apply to the advanced pas- senger prescreening system established under
p.(None): subpara- graph (C).
p.(None): ‘‘(G) APPEAL PROCEDURES.—
p.(None): ‘‘(i) IN GENERAL.—The Assistant Secretary shall establish a timely and fair process for individuals
p.(None): identified as a threat under one or more of subpara- graphs (C), (D), and (E) to appeal to the Transportation
p.(None): Security Administration the determination and correct any erroneous information.
p.(None): ‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Assistant Sec- retary
p.(None): will be able to maintain a record of air pas- sengers and other individuals who have been
p.(None): misidentified and have corrected erroneous informa- tion. To prevent repeated delays of misidentified pas-
p.(None): sengers and other individuals, the Transportation Security Administration record shall contain informa-
p.(None): tion determined by the Assistant Secretary to authen- ticate the identity of such a passenger or individual.
p.(None): ‘‘(H) DEFINITION.—In this paragraph, the term ‘secure area of an airport’ means the sterile area and the
p.(None): Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title
p.(None): 49, Code of Federal Regulations, or any successor regulation to such section).’’.
p.(None): (2) INTERNATIONAL FLIGHTS.—Section 44909(c) of title 49, United States Code, is amended—
p.(None): (A) by striking ‘‘paragraph (5),’’ in paragraph (4) and inserting ‘‘paragraphs (5) and (6),’’; and
p.(None): (B) by adding at the end the following:
p.(None): ‘‘(6) PRESCREENING INTERNATIONAL PASSENGERS.—
p.(None): ‘‘(A) IN GENERAL.—Not later than 60 days after date of enactment of this paragraph, the Secretary of Homeland
p.(None): Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow
p.(None): the Depart- ment of Homeland Security to compare passenger informa- tion for any international flight to or
p.(None): from the United States against the consolidated and integrated terrorist watchlist maintained by the
p.(None): Federal Government before departure of the flight.
p.(None): ‘‘(B) APPEAL PROCEDURES.—
p.(None): ‘‘(i) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair process for
p.(None): individuals identified as a threat under subparagraph
p.(None): (A) to appeal to the Department of Homeland Security the determination and correct any erroneous informa- tion.
p.(None): ‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Secretary will
p.(None): be able to maintain a record of air passengers and other individuals who have been misidentified and have
p.(None): corrected erroneous information. To prevent repeated delays of misidentified passengers and other
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3718 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): individuals, the Department of Homeland Security record shall contain information determined by the
p.(None): Secretary to authenticate the identity of such a pas- senger or individual.’’.
p.(None): (b) REPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES.—
p.(None): (1) REQUIREMENT FOR REPORT.—Not later than 180 days after the date of the enactment of this Act, the Security
p.(None): Privacy Officer of the Department of Homeland Security shall submit a report assessing the impact of the
p.(None): automatic selectee and no fly lists on privacy and civil liberties to the Committee on the Judiciary,
p.(None): the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science,
...
p.(None): privacy, discrimination, due process, and other civil liberties;
p.(None): (B) a discussion of the implications of applying those lists to other modes of transportation; and
p.(None): (C) the effect that implementation of the recommenda- tions would have on the effectiveness of the use of
p.(None): such lists to protect the United States against terrorist attacks.
p.(None):
p.(None): Public information.
p.(None): (3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information
p.(None): and classi- fied information, and the administration of applicable law, the report shall be submitted in
p.(None): unclassified form and shall be available to the public. The report may contain a classified annex if
p.(None): necessary.
p.(None): (c) REPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH LIST.—
p.(None): (1) IN GENERAL.—Within 180 days after the date of enact- ment of this Act, the Director of National
p.(None): Intelligence, in con- sultation with the Secretary of Homeland Security, the Secretary of State, and
p.(None): the Attorney General, shall submit to Congress a report on the Terrorist Screening Center consoli- dated screening
p.(None): watch list.
p.(None): (2) CONTENTS.—The report shall include—
p.(None): (A) the criteria for placing the name of an individual on the watch list;
p.(None): (B) the minimum standards for reliability and accuracy of identifying information;
p.(None): (C) the degree of information certainty and the range of threat levels that are to be identified for
p.(None): an individual; and
p.(None):
p.(None):
p.(None):
p.(None): Public information.
p.(None): (D) the range of applicable consequences that are to apply to an individual, if located.
p.(None): (3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information
p.(None): and classi- fied information and the administration of applicable law, the report shall be submitted in
p.(None): unclassified form and shall be
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3719
p.(None):
p.(None):
p.(None): available to the public. The report may contain a classified annex if necessary.
p.(None): SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIR- PORT SCREENING CHECKPOINTS.
p.(None): (a) IN GENERAL.—Subchapter I of chapter 449, of title 49, United States Code, is amended by adding at the end
p.(None): the following:
p.(None): ‘‘§ 44925. Deployment and use of detection equipment at air- port screening checkpoints
p.(None): ‘‘(a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland Security shall give a high priority to developing,
p.(None): testing, improving, and deploying, at airport screening checkpoints, equipment that detects nonmetallic,
p.(None): chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their
p.(None): personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can
...
p.(None): Act, the President shall transmit to the appropriate congressional committees a report that contains
p.(None): a detailed description of the status of the programs being pursued under subsection (a). Annually
p.(None): thereafter until the programs are no longer needed, the Secretary of State shall brief the
p.(None): appropriate congressional committees on the status of programs.
p.(None): (3) FUNDING.—There is authorized to be appropriated such sums as may be necessary to carry out this section.
p.(None): (d) MANPADS VULNERABILITY ASSESSMENTS REPORT.—
p.(None): (1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall transmit to the Committee on Transportation and Infra- structure of the House of
p.(None): Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing
p.(None): the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports
p.(None): against MANPADSs attacks.
p.(None): (2) MATTERS TO BE ADDRESSED.—The Secretary’s report shall address, at a minimum, the following:
p.(None): (A) The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States
p.(None): airports at which the Department is conducting assess- ments.
p.(None): (B) How intelligence is shared between the United States intelligence agencies and Federal, State, and
p.(None): local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
p.(None): (C) Contingency plans that the Department has devel- oped in the event that it receives intelligence indicating
p.(None): a high threat of a MANPADS attack on aircraft at or near United States airports.
p.(None): (D) The feasibility and effectiveness of implementing public education and neighborhood watch programs
p.(None): in areas surrounding United States airports in cases in which intelligence reports indicate there is a
p.(None): high risk of MANPADS attacks on aircraft.
p.(None): (E) Any other issues that the Secretary deems relevant.
p.(None): (3) FORMAT.—The report required by this subsection may be submitted in a classified format.
p.(None): (e) DEFINITIONS.—In this section, the following definitions apply:
p.(None): (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3727
p.(None):
p.(None): (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on
p.(None): Transportation and Infrastructure of the House of Rep- resentatives; and
p.(None): (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science,
p.(None): and Transportation of the Senate.
p.(None): (2) MANPADS.—The term ‘‘MANPADS’’ means—
p.(None): (A) a surface-to-air missile system designed to be man- portable and carried and fired by a single individual;
p.(None): and
p.(None): (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting
p.(None): as a crew and portable by several individuals.
p.(None): SEC. 4027. TECHNICAL CORRECTIONS.
...
p.(None): financing or other means of funding such activities. The Secretary may make available funding for this purpose
p.(None): from amounts appropriated pursuant to subsection (c).
p.(None):
p.(None): (2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall estab- lish such eligibility criteria, establish such
p.(None): application and administrative procedures, and provide for such matching funding requirements, if any,
p.(None): as may be necessary and appro- priate to ensure that the technology is deployed as fully and rapidly as
p.(None): possible.
p.(None): SEC. 4053. AIR CARGO SECURITY REGULATIONS.
p.(None): Not later than 240 days after the date of enactment of this Act, the Assistant Secretary of Homeland
p.(None): Security (Transportation Security Administration) shall issue a final rule in Docket Number TSA-2004-19515 to amend
p.(None): transportation security regulations to enhance and improve the security of air cargo transported in both
p.(None): passenger and all-cargo aircraft.
p.(None): SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
p.(None): (a) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the Secretary of Homeland
p.(None): Security, in coordina- tion with the Secretary of Defense and the Administrator of the Federal Aviation
p.(None): Administration, shall submit to the Committee on Commerce, Science, and Transportation and the Committee
p.(None): on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and
p.(None): Infrastructure of the House of Representatives a report that contains the following:
p.(None): (1) A description of the current procedures in place to address the threat of an inbound all-cargo aircraft
p.(None): from outside the United States that intelligence sources indicate could carry explosive, incendiary, chemical,
p.(None): biological, or nuclear devices.
p.(None): (2) An analysis of the potential for establishing secure facilities along established international aviation
p.(None): routes for the purposes of diverting and securing aircraft described in para- graph (1).
p.(None): (b) REPORT FORMAT.—The Secretary may submit all, or part, of the report required by this section in
p.(None): such a classified and redacted format as the Secretary determines appropriate or nec- essary.
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): Subtitle D—Maritime Security
p.(None):
p.(None):
p.(None): SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
p.(None): (a) WATCH LISTS.—
p.(None): (1) IN GENERAL.—As soon as practicable but not later than
p.(None): 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—
p.(None): (A) implement a procedure under which the Depart- ment of Homeland Security compares information about
p.(None): 46 USC 70101
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3730 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): passengers and crew who are to be carried aboard a cruise ship with a comprehensive, consolidated database
p.(None): con- taining information about known or suspected terrorists and their associates;
p.(None): (B) use the information obtained by comparing the passenger and crew information with the information in
p.(None): the database to prevent known or suspected terrorists and their associates from boarding such ships or to
...
p.(None): terms in section 40102 of title 49, United States Code.
p.(None): (3) SECURE AREA OF AN AIRPORT.—The term ‘‘secure area of an airport’’ means the sterile area and the
p.(None): Secure Identifica- tion Display Area of an airport (as such terms are defined in section 1540.5 of title
p.(None): 49, Code of Federal Regulations, or any successor regulations).
p.(None):
p.(None): 49 USC 114 note.
p.(None): SEC. 4082. EFFECTIVE DATE.
p.(None): This title shall take effect on the date of enactment of this
p.(None):
p.(None): Act.
p.(None):
p.(None): TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
p.(None): Subtitle A—Advanced Technology
p.(None): Northern Border Security Pilot Program
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1712 note.
p.(None): SEC. 5101. ESTABLISHMENT.
p.(None): The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies
p.(None): that will improve border security between ports of entry along the northern border of the United States.
p.(None): SEC. 5102. PROGRAM REQUIREMENTS.
p.(None): (a) REQUIRED FEATURES.—The Secretary of Homeland Security shall design the pilot program under this subtitle to
p.(None): have the following features:
p.(None): (1) Use of advanced technological systems, including sen- sors, video, and unmanned aerial vehicles, for
p.(None): border surveil- lance.
p.(None): (2) Use of advanced computing and decision integration software for—
p.(None): (A) evaluation of data indicating border incursions;
p.(None): (B) assessment of threat potential; and
p.(None): (C) rapid real-time communication, monitoring, intel- ligence gathering, deployment, and response.
p.(None): (3) Testing of advanced technology systems and software to determine best and most cost-effective uses of
p.(None): advanced technology to improve border security.
p.(None): (4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry
p.(None): with a relatively small presence of United States border patrol offi- cers.
p.(None): (5) Capability to expand the program upon a determination by the Secretary that expansion would be an
p.(None): appropriate and cost-effective means of improving border security.
p.(None): (b) COORDINATION WITH OTHER AGENCIES.—The Secretary of Homeland Security shall ensure that the operation
p.(None): of the pilot program under this subtitle—
p.(None): (1) is coordinated among United States, State, local, and Canadian law enforcement and border security
p.(None): agencies; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3733
p.(None):
p.(None):
p.(None): (2) includes ongoing communication among such agencies.
p.(None): SEC. 5103. ADMINISTRATIVE PROVISIONS.
p.(None): (a) PROCUREMENT OF ADVANCED TECHNOLOGY.—The Secretary of Homeland Security may enter into contracts for the
p.(None): procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program
p.(None): under this subtitle.
p.(None): (b) PROGRAM PARTNERSHIPS.—In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may
p.(None): provide for the establishment of cooperative arrangements for participation in the pilot program by such
...
p.(None): ‘‘(A) is not a national or resident of the country in which such alien is applying for a visa;
p.(None): ‘‘(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
p.(None): ‘‘(C) is listed in the Consular Lookout and Support System (or successor system at the Department of
p.(None): State); ‘‘(D) is a national of a country officially designated
p.(None): by the Secretary of State as a state sponsor of terrorism,
p.(None):
p.(None):
p.(None): 118 STAT. 3736 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): except such nationals who possess nationalities of countries that are not designated as state sponsors of
p.(None): terrorism; ‘‘(E) requires a security advisory opinion or other
p.(None): Department of State clearance, unless such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
p.(None): ‘‘(F) is identified as a member of a group or sector that the Secretary of State determines—
p.(None): ‘‘(i) poses a substantial risk of submitting inac- curate information in order to obtain a visa;
p.(None): ‘‘(ii) has historically had visa applications denied at a rate that is higher than the average rate of such
p.(None): denials; or
p.(None): ‘‘(iii) poses a security threat to the United States.’’.
p.(None): SEC. 5302. VISA APPLICATION REQUIREMENTS.
p.(None): Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 1202(c)) is amended by inserting ‘‘The alien shall
p.(None): provide complete and accurate information in response to any request for information contained in the application.’’
p.(None): after the second sentence.
p.(None):
p.(None): 8 USC 1202 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1155 note.
p.(None): SEC. 5303. EFFECTIVE DATE.
p.(None): Notwithstanding section 1086 or any other provision of this Act, sections 5301 and 5302 shall take
p.(None): effect 90 days after the date of enactment of this Act.
p.(None): SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTA- TION.
p.(None): (a) LIMITATION ON REVIEW.—Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
p.(None): by adding at the end the following: ‘‘There shall be no means of judicial review (including review
p.(None): pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections
p.(None): 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding
p.(None): if such revocation provides the sole ground for removal under section 237(a)(1)(B).’’.
p.(None): (b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of the Immigration and Nationality Act (8
p.(None): U.S.C. 1227(a)(1)(B)) is amended by striking ‘‘United States is’’ and inserting the following: ‘‘United States, or
...
p.(None): (2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and inserting ‘‘a 30-month’’.
p.(None): SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI- VATE SECURITY OFFICER EMPLOYMENT.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of
p.(None): 2004’’.
p.(None): (b) FINDINGS.—Congress finds that—
p.(None): (1) employment of private security officers in the United States is growing rapidly;
p.(None): (2) private security officers function as an adjunct to, but not a replacement for, public law
p.(None): enforcement by helping to reduce and prevent crime;
p.(None): (3) such private security officers protect individuals, prop- erty, and proprietary information, and
p.(None): provide protection to such diverse operations as banks, hospitals, research and development centers,
p.(None): manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power
p.(None): plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office
p.(None): complexes, schools, residential properties, apartment complexes, gated communities, and others;
p.(None): (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its
p.(None): public areas, and are supplemented by private security officers;
p.(None): (5) the threat of additional terrorist attacks requires cooperation between public and private
p.(None): sectors and demands professional, reliable, and responsible security officers for the protection of people,
p.(None): facilities, and institutions;
p.(None): (6) the trend in the Nation toward growth in such security services has accelerated rapidly;
p.(None): (7) such growth makes available more public sector law enforcement officers to combat serious and
p.(None): violent crimes, including terrorism;
p.(None): (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an
p.(None): adjunct to sworn law enforcement officers; and
p.(None): (9) private security officers and applicants for private secu- rity officer positions should be thoroughly screened and
p.(None): trained.
p.(None): (c) DEFINITIONS.—In this section:
p.(None): (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as
p.(None): a private security officer.
p.(None): (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that—
p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
...
p.(None): (B) the system capacity needed to process such checks at the Federal and State level;
p.(None): (14) the role that States should play; and
p.(None): (15) any other factors that the Attorney General determines to be relevant to the subject of the report.
p.(None): (e) CONSULTATION.—In developing the report under this section, the Attorney General shall consult with
p.(None): representatives of State
p.(None): Procedures.
p.(None):
p.(None):
p.(None): 118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate
p.(None): representatives of private industry, and representatives of labor, as determined appropriate by the Attorney
p.(None): General.
p.(None): Subtitle F—Grand Jury Information Sharing
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 18 USC app.
p.(None): SEC. 6501. GRAND JURY INFORMATION SHARING.
p.(None): (a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of Criminal Procedure is amended—
p.(None): (1) in paragraph (3)—
p.(None): (A) in subparagraph (A)(ii), by striking ‘‘or state sub- division or of an Indian tribe’’ and inserting ‘‘,
p.(None): state subdivi- sion, Indian tribe, or foreign government’’;
p.(None): (B) in subparagraph (D)—
p.(None): (i) by inserting after the first sentence the fol- lowing: ‘‘An attorney for the government may also dis- close
p.(None): any grand jury matter involving, within the United States or elsewhere, a threat of attack or other grave
p.(None): hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or ter-
p.(None): rorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power
p.(None): or by its agent, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government
p.(None): official, for the purpose of preventing or responding to such threat or activities.’’; and
p.(None): (ii) in clause (i)—
p.(None): (I) by striking ‘‘federal’’; and
p.(None): (II) by adding at the end the following: ‘‘Any State, State subdivision, Indian tribal, or foreign
p.(None): government official who receives information under Rule 6(e)(3)(D) may use the information only con- sistent with such
p.(None): guidelines as the Attorney Gen- eral and the Director of National Intelligence shall jointly issue.’’; and
p.(None): (C) in subparagraph (E)—
p.(None): (i) by redesignating clauses (iii) and (iv) as clauses
p.(None): (iv) and (v), respectively;
p.(None): (ii) by inserting after clause (ii) the following:
p.(None): ‘‘(iii) at the request of the government, when sought by a foreign court or prosecutor for use
p.(None): in an official criminal investigation;’’; and
p.(None): (iii) in clause (iv), as redesignated—
p.(None): (I) by striking ‘‘state or Indian tribal’’ and inserting ‘‘State, Indian tribal, or foreign’’; and
p.(None): (II) by striking ‘‘or Indian tribal official’’ and inserting ‘‘Indian tribal, or foreign government offi-
p.(None): cial’’; and
p.(None): (2) in paragraph (7), by inserting ‘‘, or of guidelines jointly issued by the Attorney General and the Director
p.(None): of National Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’.
p.(None): (b) CONFORMING AMENDMENT.—Section 203(c) of Public Law 107–56 (18 U.S.C. 2517 note) is amended by
p.(None): striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3761
p.(None):
p.(None):
p.(None): Subtitle G—Providing Material Support to Terrorism
p.(None): SEC. 6601. SHORT TITLE.
...
p.(None): international or domestic terrorism, as defined in section 2331 of such title.
p.(None): SEC. 6704. CLARIFICATION OF DEFINITION.
p.(None): Section 1958 of title 18, United States Code, is amended—
p.(None): (1) in subsection (a), by striking ‘‘facility in’’ and inserting ‘‘facility of’’; and
p.(None): (2) in subsection (b)(2), by inserting ‘‘or foreign’’ after ‘‘inter- state’’.
p.(None):
p.(None): Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004
p.(None): SEC. 6801. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Weapons of Mass Destruction Prohibition Improvement Act of 2004’’.
p.(None): SEC. 6802. WEAPONS OF MASS DESTRUCTION.
p.(None): (a) EXPANSION OF JURISDICTIONAL BASES AND SCOPE.—Section 2332a of title 18, United States Code, is amended—
p.(None): (1) so that paragraph (2) of subsection (a) reads as follows: ‘‘(2) against any person or property within the
p.(None): United
p.(None): States, and
p.(None): ‘‘(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
p.(None): ‘‘(B) such property is used in interstate or foreign com- merce or in an activity that affects interstate or
p.(None): foreign commerce;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3767
p.(None):
p.(None):
p.(None): ‘‘(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in
p.(None): furtherance of the offense; or
p.(None): ‘‘(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a
p.(None): threat, attempt, or conspiracy, would have affected interstate or foreign commerce;’’;
p.(None): (2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting ‘‘; or’’;
p.(None): (3) in subsection (a), by adding the following at the end: ‘‘(4) against any property within the United
p.(None): States that
p.(None): is owned, leased, or used by a foreign government,’’;
p.(None): (4) at the end of subsection (c)(1), by striking ‘‘and’’;
p.(None): (5) in subsection (c)(2), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (6) in subsection (c), by adding at the end the following: ‘‘(3) the term ‘property’ includes all real and
p.(None): personal prop-
p.(None): erty.’’.
p.(None): (b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.— Section 2332a of title 18, United States Code, as
p.(None): amended by subsection (a), is further amended—
p.(None): (1) in the section heading, by striking ‘‘certain’’;
p.(None): (2) in subsection (a), by striking ‘‘(other than a chemical weapon as that term is defined in section 229F)’’;
p.(None): and
p.(None): (3) in subsection (b), by striking ‘‘(other than a chemical weapon (as that term is defined in section
p.(None): 229F))’’.
p.(None): (c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT TO PROHIBITIONS RELATING TO SELECT AGENTS.—Section
p.(None): 175b(d)(2) of title 18, United States Code, is amended—
p.(None): (1) in subparagraph (G) by—
p.(None): (A) inserting ‘‘(i)’’ after ‘‘(G)’’;
p.(None): (B) inserting ‘‘, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a
...
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
p.(None): to participation in nuclear and weapons of mass destruction threats to the United States)’’.
p.(None): Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
p.(None): SEC. 6901. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’.
p.(None): SEC. 6902. FINDINGS AND PURPOSE.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘MANPADS’’) presents
p.(None): a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that
p.(None): harbor them.
p.(None): (2) Atomic weapons or weapons designed to release radi- ation (commonly known as ‘‘dirty bombs’’) could
p.(None): be used by terrorists to inflict enormous loss of life and damage to property and the environment.
p.(None): (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes
p.(None): fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention,
p.(None): meaning that it is believed to pose the greatest potential threat for adverse public health impact and has
p.(None): a moderate to high potential for large-scale dissemination. The last case of smallpox in the United
p.(None): States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox
p.(None): has been officially eradicated after a successful worldwide vaccination program, there remain two official
p.(None): repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal
p.(None): to terrorists.
p.(None): (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola
p.(None): virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign
p.(None): policy, economy, and environment of the United States. Accordingly, the United States has a compel- ling national
p.(None): security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including
p.(None): their unauthorized production, construction, acquisition, transfer, possession, import, or export. All
p.(None): of these activities markedly increase the chances that such items will be obtained by terrorist organizations or
p.(None): rogue states, which could use them to attack the United States, its allies, or United States nationals or
p.(None): corporations.
p.(None): (5) There is no legitimate reason for a private individual or company, absent explicit government
p.(None): authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use
p.(None): MANPADS, atomic or radiological weapons, or the variola virus.
...
p.(None): (B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.— Identify, in cooperation with the Human Trafficking and
p.(None): Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used
p.(None): to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is
p.(None): noti- fied for further investigation and prosecution or, in the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3835
p.(None):
p.(None):
p.(None): case of such individuals abroad for which no further inves- tigation or prosecution is initiated, ensure that
p.(None): all appro- priate information is shared with foreign governments in order to facilitate investigation,
p.(None): arrest, and prosecution of such individuals.
p.(None): (C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING ASSISTANCE.—Identify foreign countries that need technical
p.(None): assistance, such as law reform, administrative reform, pros- ecutorial training, or assistance to police and
p.(None): other inves- tigative services, to ensure passport, visa, and related docu- ment security and to investigate,
p.(None): arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas,
p.(None): documents used to obtain such pass- ports and visas, and other types of travel documents.
p.(None): (D) INSPECTION OF APPLICATIONS.—Randomly inspect visa and passport applications for accuracy, efficiency, and
p.(None): fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of
p.(None): visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications.
p.(None): (d) REPORT.—Not later than 90 days after the date on which the strategy required under section 7201 is
p.(None): submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report
p.(None): containing—
p.(None): (1) a description of the strategic plan prepared under sub- section (b); and
p.(None): (2) an evaluation of the feasibility of establishing civil service positions in field offices of the
p.(None): Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether
p.(None): to allow diplomatic security agents to convert to civil service officers to fill such positions.
p.(None): SEC. 7219. EFFECTIVE DATE.
p.(None): Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of
p.(None): this Act.
p.(None): SEC. 7220. IDENTIFICATION STANDARDS.
p.(None): (a) PROPOSED STANDARDS.—
p.(None): (1) IN GENERAL.—The Secretary of Homeland Security—
p.(None): (A) shall propose minimum standards for identification documents required of domestic commercial airline pas-
p.(None): sengers for boarding an aircraft; and
p.(None): (B) may, from time to time, propose minimum stand- ards amending or replacing standards previously proposed and
p.(None): transmitted to Congress and approved under this sec- tion.
p.(None): (2) SUBMISSION TO CONGRESS.—Not later than 6 months after the date of enactment of this Act, the
p.(None): Secretary shall submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on
p.(None): the same day while each House is in session.
...
p.(None): (B) in paragraph (8) by striking the period and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(9) helping to ensure the acquisition of interoperable communication technology by State and local
p.(None): governments and emergency response providers.’’.
p.(None): (i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMU-
p.(None): NICATIONS.—
p.(None): (1) FINDING.—The Congress finds that—
p.(None): (A) many first responders working in the same jurisdic- tion or in different jurisdictions cannot effectively and effi-
p.(None): ciently communicate with one another; and
p.(None): (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and
p.(None): property.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that interoperable emergency communications systems and
p.(None): radios should continue to be deployed as soon as practicable for use by the first responder community, and
p.(None): that upgraded and new digital communications systems and new digital radios must meet prevailing national,
p.(None): voluntary consensus standards for interoperability.
p.(None): SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
p.(None): (a) PILOT PROJECTS.—Consistent with sections 302 and 430 of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 182, 238), not later than 90 days after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall establish not fewer than
p.(None): 2 pilot projects in high threat urban areas or regions that are likely to implement a national model
p.(None): strategic plan.
p.(None): (b) PURPOSES.—The purposes of the pilot projects required by this section shall be to develop a regional
p.(None): strategic plan to foster interagency communication in the area in which it is established and coordinate
p.(None): the gathering of all Federal, State, and local first responders in that area, consistent with the national
p.(None): strategic plan developed by the Department of Homeland Security.
p.(None): (c) SELECTION CRITERIA.—In selecting urban areas for the loca- tion of pilot projects under this section,
p.(None): the Secretary shall consider—
p.(None): (1) the level of risk to the area, as determined by the Department of Homeland Security;
p.(None): (2) the number of Federal, State, and local law enforcement agencies located in the area;
p.(None): (3) the number of potential victims from a large scale terrorist attack in the area; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194 note. Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3848 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (4) such other criteria reflecting a community’s risk and vulnerability as the Secretary determines is
p.(None): appropriate.
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 435b
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3858 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information shall be completed, to the fullest extent practicable, by the day after the date of the general election.
p.(None):
p.(None): 3 USC 102 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding section 351, this section and the amendments made by this section shall
p.(None): take effect on the date of enactment of this Act.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Ter- rorist Financing
p.(None): SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERA- TION TO FIGHT TERRORIST FINANCING.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) The global war on terrorism and cutting off terrorist financing is a policy priority for the United
p.(None): States and its partners, working bilaterally and multilaterally through the United Nations, the United
p.(None): Nations Security Council and its committees, such as the 1267 and 1373 Committees, the Finan- cial Action Task
p.(None): Force (FATF), and various international finan- cial institutions, including the International Monetary Fund
p.(None): (IMF), the International Bank for Reconstruction and Develop- ment (IBRD), and the regional multilateral development
p.(None): banks, and other multilateral fora.
p.(None): (2) The international financial community has become engaged in the global fight against terrorist
p.(None): financing. The Financial Action Task Force has focused on the new threat posed by terrorist financing
p.(None): to the international financial system, resulting in the establishment of the FATF’s Eight Special
p.(None): Recommendations on Terrorist Financing as the inter- national standard on combating terrorist financing. The
p.(None): Group of Seven and the Group of Twenty Finance Ministers are devel- oping action plans to curb the financing of
p.(None): terror. In addition, other economic and regional fora, such as the Asia-Pacific Eco- nomic Cooperation (APEC)
p.(None): Forum, and the Western Hemi- sphere Financial Ministers, have been used to marshal political will and actions in
p.(None): support of combating the financing of ter- rorism (CFT) standards.
p.(None): (3) FATF’s Forty Recommendations on Money Laundering and the Eight Special Recommendations on Terrorist Financing
p.(None): are the recognized global standards for fighting money laun- dering and terrorist financing. The FATF has
p.(None): engaged in an assessment process for jurisdictions based on their compliance with these standards.
p.(None): (4) In March 2004, the IMF and IBRD Boards agreed to make permanent a pilot program of collaboration
p.(None): with the FATF to assess global compliance with the FATF Forty Rec- ommendations on Money Laundering and
p.(None): the Eight Special Recommendations on Terrorist Financing. As a result, anti- money laundering (AML) and
p.(None): combating the financing of ter- rorism (CFT) assessments are now a regular part of their Financial Sector
p.(None): Assessment Program (FSAP) and Offshore Financial Center assessments, which provide for a comprehen- sive analysis
p.(None): of the strength of a jurisdiction’s financial system. These reviews assess potential systemic vulnerabilities,
...
p.(None): effect for more than 30 calendar days.
p.(None): ‘‘(D) SECURITY FUTURES.—If the actions described in subparagraph (A) involve a security futures product,
p.(None): the Commission shall consult with and consider the views of the Commodity Futures Trading Commission.
p.(None): ‘‘(E) EXEMPTION.—In exercising its authority under this paragraph, the Commission shall not be required to comply with
p.(None): the provisions of—
p.(None): ‘‘(i) section 19(c); or
p.(None): ‘‘(ii) section 553 of title 5, United States Code.’’.
p.(None): (c) CONSULTATION; DEFINITION OF EMERGENCY.—Section 12(k)(6) of the Securities Exchange Act of 1934 (15
p.(None): U.S.C. 78l(k)(6)) is amended to read as follows:
p.(None): ‘‘(6) CONSULTATION.—Prior to taking any action described in paragraph (1)(B), the Commission shall
p.(None): consult with and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3863
p.(None):
p.(None): consider the views of the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and
p.(None): the Com- modity Futures Trading Commission, unless such consultation is impracticable in light of the emergency.
p.(None): ‘‘(7) DEFINITIONS.—For purposes of this subsection— ‘‘(A) the term ‘emergency’ means—
p.(None): ‘‘(i) a major market disturbance characterized by or constituting—
p.(None): ‘‘(I) sudden and excessive fluctuations of secu- rities prices generally, or a substantial threat thereof,
p.(None): that threaten fair and orderly markets; or
p.(None): ‘‘(II) a substantial disruption of the safe or efficient operation of the national system for clear- ance and
p.(None): settlement of transactions in securities, or a substantial threat thereof; or
p.(None): ‘‘(ii) a major disturbance that substantially dis- rupts, or threatens to substantially disrupt—
p.(None): ‘‘(I) the functioning of securities markets, investment companies, or any other significant portion
p.(None): or segment of the securities markets; or ‘‘(II) the transmission or processing of securi-
p.(None): ties transactions; and
p.(None): ‘‘(B) notwithstanding section 3(a)(47), the term ‘securi- ties laws’ does not include the Public Utility Holding Com-
p.(None): pany Act of 1935.’’.
p.(None): (d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO GOVERNMENT SECURITIES.—Section
p.(None): 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amended by adding at the end the following:
p.(None): ‘‘(h) EMERGENCY AUTHORITY.—The Secretary may, by order, take any action with respect to a matter or action
p.(None): subject to regula- tion by the Secretary under this section, or the rules of the Secretary under this section,
p.(None): involving a government security or a market therein (or significant portion or segment of that market),
p.(None): that the Commission may take under section 12(k)(2) with respect to transactions in securities (other than
p.(None): exempted securities) or a market therein (or significant portion or segment of that market).’’.
p.(None): (e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM RESILIENCE RECOMMENDATIONS.—
p.(None): (1) REPORT REQUIRED.—Not later than April 30, 2006, the Board of Governors of the Federal Reserve System, the
...
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p.(None): (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3775
p.(None):
p.(None):
p.(None): SEC. 6911. CLERICAL AMENDMENTS.
p.(None): (a) CHAPTER 113B.—The table of sections for chapter 113B of title 18, United States Code, is amended by
p.(None): inserting the fol- lowing after the item for section 2332f:
p.(None): ‘‘2332g. Missile systems designed to destroy aircraft. ‘‘2332h. Radiological dispersal devices.’’.
p.(None): (b) CHAPTER 10.—The table of sections for chapter 10 of title 18, United States Code, is amended by
p.(None): inserting the following item after the item for section 175b:
p.(None): ‘‘175c. Variola virus.’’.
p.(None):
p.(None): Subtitle K—Pretrial Detention of Terrorists
p.(None): SEC. 6951. SHORT TITLE.
p.(None): This subtitle may be cited as the ‘‘Pretrial Detention of Terror- ists Act of 2004’’.
p.(None): SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM.
p.(None): Section 3142 of title 18, United States Code, is amended—
p.(None): (1) in subsection (e)—
p.(None): (A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and
p.(None): (B) by inserting ‘‘or an offense listed in section 2332b(g)(5)(B) of title 18, United States
p.(None): Code, for which a maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘or 2332b of this
p.(None): title,’’; and
p.(None): (2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or an offense listed in section 2332b(g)(5)(B) for
p.(None): which a maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘violence’’ each place such
p.(None): term appears.
p.(None): TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
p.(None): SEC. 7001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘9/11 Commission Implementation Act of 2004’’.
p.(None): Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism
p.(None): SEC. 7101. FINDINGS.
p.(None): Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Congress makes the following findings:
p.(None): (1) Long-term success in the war on terrorism demands the use of all elements of national power, including
p.(None): diplomacy, military action, intelligence, covert action, law enforcement, economic policy, foreign aid,
p.(None): public diplomacy, and homeland defense.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Pretrial Detention of Terrorists Act of 2004.
p.(None): 18 USC 3141
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 9/11 Commission Implementation Act of 2004.
p.(None):
p.(None): 6 USC 101 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2656
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3776 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) To win the war on terrorism, the United States must assign to economic and diplomatic capabilities
...
p.(None): to improve the relationship between the United States and Saudi Arabia.
p.(None): SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While support for the United States has plummeted in the Islamic world, many negative views are
p.(None): uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures.
p.(None): (2) Local newspapers in countries with predominantly Muslim populations and influential broadcasters
p.(None): who reach Muslim audiences through satellite television often reinforce the idea that the people and Government
p.(None): of the United States are anti-Muslim.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the Government of the United States should offer an example of moral leadership in the world that
p.(None): includes a commitment to treat all people humanely, abide by the rule of law, and be generous to the
p.(None): people and governments of other countries;
p.(None): (2) the United States should cooperate with governments of countries with predominantly Muslim populations
p.(None): to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better
p.(None): future that includes stressing life over death, individual educational and economic oppor- tunity, widespread
p.(None): political participation, contempt for violence, respect for the rule of law, openness in discussing
p.(None): differences, and tolerance for opposing points of view;
p.(None): (3) the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and
p.(None): (4) the United States should work to defeat extremism in all its form, especially in nations with predominantly
p.(None): Muslim populations by providing assistance to governments, non-
p.(None):
p.(None):
p.(None): 118 STAT. 3790 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): governmental organizations, and individuals who promote mod- ernization.
p.(None): SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that short-term gains enjoyed by the United States through cooperation with
p.(None): repressive dictatorships have often been out- weighed by long-term setbacks for the stature and
p.(None): interests of the United States.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) United States foreign policy should promote the impor- tance of individual educational and economic
p.(None): opportunity, encourage widespread political participation, condemn violence, and promote respect for the rule of law,
p.(None): openness in discussing differences among people, and tolerance for opposing points of view; and
p.(None): (2) the United States Government must encourage the governments of all countries with predominantly Muslim popu-
p.(None): lations, including those that are friends and allies of the United States, to promote the value of life and the
p.(None): importance of individual education and economic opportunity, encourage wide- spread political participation,
p.(None): condemn violence and promote the rule of law, openness in discussing differences among people, and
p.(None): tolerance for opposing points of view.
p.(None):
p.(None): 22 USC 1431
p.(None): note.
p.(None): SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
p.(None): (a) PROMOTION OF UNITED STATES VALUES THROUGH BROAD-
p.(None): CAST MEDIA.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and
p.(None): criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly
p.(None): presented nor widely understood.
p.(None): (B) If the United States does not act to vigorously define its message in countries with predominantly Muslim
p.(None): populations, the image of the United States will be defined by Islamic extremists who seek to demonize the
p.(None): United States.
p.(None): (C) Recognizing that many Muslim audiences rely on satellite television and radio, the United States
p.(None): Govern- ment has launched promising initiatives in television and radio broadcasting to the Islamic world,
p.(None): including Iran and Afghanistan.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (A) the United States must do more to defend and promote its values and ideals to the broadest
p.(None): possible audience in countries with predominantly Muslim popu- lations;
p.(None): (B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate
p.(None): expressions of these values reach large Muslim audiences and should be robustly supported;
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Social / Trade Union Membership
Searching for indicator union:
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p.(None): period of up to 5 years; and ‘‘(II) to prohibit any further participation by such person, in any
p.(None): manner, in the conduct of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3753
p.(None):
p.(None):
p.(None): the affairs of any insured depository institution for a period of up to 5 years.
p.(None): ‘‘(ii) CIVIL MONETARY PENALTY.—The Federal
p.(None): banking agency may, in an administrative proceeding or civil action in an appropriate United States district
p.(None): court, impose on such person a civil monetary penalty of not more than $250,000. Any administrative pro- ceeding
p.(None): under this clause shall be conducted in accord- ance with section 8(i). In lieu of an action by the Federal
p.(None): banking agency under this clause, the Attorney General of the United States may bring a civil action under
p.(None): this clause in the appropriate United States district court.
p.(None): ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under subparagraph (A)(i) shall be sub-
p.(None): ject to paragraphs (6) and (7) of section 8(e) in the same manner and to the same extent as a person
p.(None): subject to an order issued under such section.
p.(None): ‘‘(C) DEFINITIONS.—Solely for purposes of this para- graph, the ‘appropriate Federal banking agency’ for a com-
p.(None): pany that is not a depository institution or depository institution holding company shall be the Federal
p.(None): banking agency on whose behalf the person described in paragraph
p.(None): (1) performed the functions described in paragraph (1)(B).’’.
p.(None): (c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION EXAMINERS.—Section 206 of the Federal Credit Union Act (12
p.(None): U.S.C. 1786) is amended by adding at the end the following:
p.(None): ‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
p.(None): INSURED CREDIT UNIONS.—
p.(None): ‘‘(1) IN GENERAL.—In addition to other applicable restric- tions set forth in title 18, United States
p.(None): Code, the penalties set forth in paragraph (5) of this subsection shall apply to any person who—
p.(None): ‘‘(A) was an officer or employee (including any special Government employee) of the Administration;
p.(None): ‘‘(B) served 2 or more months during the final 12 months of his or her employment with the Administration as
p.(None): the senior examiner (or a functionally equivalent posi- tion) of an insured credit union with continuing,
p.(None): broad responsibility for the examination (or inspection) of that insured credit union on behalf of the
p.(None): Administration; and ‘‘(C) within 1 year after the termination date of his
p.(None): or her service or employment with the Administration, knowingly accepts compensation as an employee,
p.(None): officer, director, or consultant from such insured credit union.
p.(None): ‘‘(2) RULE OF CONSTRUCTION.—For purposes of this sub- section, a person shall be deemed to act as a
p.(None): consultant for an insured credit union only if such person directly works on matters for, or on behalf
p.(None): of, such insured credit union.
p.(None): ‘‘(3) REGULATIONS.—
p.(None): ‘‘(A) IN GENERAL.—The Board shall prescribe rules or regulations to administer and carry out this
p.(None): subsection, including rules, regulations, or guidelines to define the scope of persons referred to in paragraph
p.(None): (1)(B).
p.(None): ‘‘(B) CONSULTATION.—In prescribing rules or regula- tions under this paragraph, the Board shall, to the extent
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None):
p.(None):
p.(None): 118 STAT. 3754 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): it deems necessary, consult with the Federal banking agen- cies (as defined in section 3 of the Federal
p.(None): Deposit Insur- ance Act) on regulations issued by such agencies in carrying out section 10(k) of the Federal
p.(None): Deposit Insurance Act. ‘‘(4) WAIVER.—The Board may grant a waiver, on a case
p.(None): by case basis, of the restriction imposed by this subsection to any officer or employee (including any
p.(None): special Government employee) of the Administration if the Chairman certifies in writing that granting the
p.(None): waiver would not affect the integrity of the supervisory program of the Administration.
p.(None): ‘‘(5) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever the Board determines that a person subject to paragraph (1) has become
p.(None): associated, in the manner described in paragraph (1)(C), with an insured credit union, the Board shall
p.(None): impose upon such person one or more of the following penalties:
p.(None):
p.(None): Notice.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 12 USC 1786
p.(None): note.
p.(None): ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The
p.(None): Board shall serve a written notice or order in accord- ance with and subject to the provisions of
p.(None): subsection (g)(4) for written notices or orders under paragraph
p.(None): (1) or (2) of subsection (g), upon such person of the intention of the Board—
p.(None): ‘‘(I) to remove such person from office or to prohibit such person from further participation in the conduct
p.(None): of the affairs of the insured credit union for a period of up to 5 years; and
p.(None): ‘‘(II) to prohibit any further participation by such person, in any manner, in the conduct of the affairs
p.(None): of any insured credit union for a period of up to 5 years.
p.(None): ‘‘(ii) CIVIL MONETARY PENALTY.—The Board may,
p.(None): in an administrative proceeding or civil action in an appropriate United States district court, impose on
p.(None): such person a civil monetary penalty of not more than
p.(None): $250,000. Any administrative proceeding under this clause shall be conducted in accordance with subsection (k). In
p.(None): lieu of an action by the Board under this clause, the Attorney General of the United States may bring a civil
p.(None): action under this clause in the appropriate United States district court.
p.(None): ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under this subparagraph (A)(i)
p.(None): shall be subject to paragraphs (5) and (7) of subsection (g) in the same manner and to the same extent
p.(None): as a person subject to an order issued under subsection (g).’’.
p.(None): (d) EFFECTIVE DATE.—Notwithstanding any other effective date established pursuant to this Act, subsection (a) shall
p.(None): become effec- tive on the date of enactment of this Act, and the amendments made by subsections (b) and
p.(None): (c) shall become effective at the end of the 12-month period beginning on the date of enactment of this
p.(None): Act, whether or not final regulations are issued in accordance with the amendments made by this section as of
p.(None): that date of enactment.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3755
p.(None):
p.(None): Subtitle E—Criminal History Background Checks
p.(None):
p.(None):
p.(None): SEC. 6401. PROTECT ACT.
p.(None): Public Law 108–21 is amended—
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p.(None): Subtitle E—Treatment of Aliens Who Com- mit Acts of Torture, Extrajudicial Kill- ings, or Other Atrocities Abroad
p.(None): SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL
p.(None): KILLINGS ABROAD.
p.(None): (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is
p.(None): amended—
p.(None): (1) in clause (ii), by striking ‘‘has engaged in conduct that is defined as genocide for purposes of the International
p.(None): Conven- tion on the Prevention and Punishment of Genocide is inadmis- sible’’ and inserting ‘‘ordered, incited,
p.(None): assisted, or otherwise participated in conduct outside the United States that would, if committed in
p.(None): the United States or by a United States national, be genocide, as defined in section 1091(a) of
p.(None): title 18, United States Code, is inadmissible’’;
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(iii) COMMISSION OF ACTS OF TORTURE OR
p.(None): EXTRAJUDICIAL KILLINGS.—Any alien who, outside the United States, has committed, ordered, incited,
p.(None): assisted, or otherwise participated in the commission of—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1182 note.
p.(None): ‘‘(I) any act of torture, as defined in section 2340 of title 18, United States Code; or
p.(None): ‘‘(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the
p.(None): Torture Victim Protection Act of 1991 (28
p.(None): U.S.C. 1350 note), is inadmissible.’’; and
p.(None): (3) in the subparagraph heading, by striking ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’ and inserting
p.(None): ‘‘PARTICI- PANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL
p.(None): KILLING’’.
p.(None): (b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended—
p.(None): (1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’; and
p.(None): (2) in the subparagraph heading, by striking ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and
p.(None): inserting ‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF
p.(None): TORTURE OR EXTRAJUDICIAL KILLING’’.
p.(None): (c) EFFECTIVE DATE.—The amendments made by this section shall apply to offenses committed before, on, or
p.(None): after the date of enactment of this Act.
p.(None): SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE
p.(None): COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): (a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1182(a)(2)(G)) is amended to read as follows:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3741
p.(None):
p.(None): ‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COM- MITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
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p.(None): appropriate records in the consolidated and integrated terrorist watchlist maintained by the Fed-
p.(None): eral Government.
p.(None): ‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than 180 days after completion of testing under clause (i),
p.(None): the Assistant Secretary, or the designee of the Assist- ant Secretary, shall begin to assume the performance of
p.(None): the passenger prescreening function of comparing passenger information to the automatic selectee and no fly
p.(None): lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist main-
p.(None): tained by the Federal Government in performing that function.
p.(None): ‘‘(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii), the Assistant Secretary shall—
p.(None): Deadlines.
p.(None):
p.(None): ‘‘(I) establish a procedure to enable airline pas- sengers, who are delayed or prohibited from boarding a
p.(None): flight because the advanced passenger prescreening system determined that they might pose a security
p.(None): threat, to appeal such determina- tion and correct information contained in the system;
p.(None): ‘‘(II) ensure that Federal Government data- bases that will be used to establish the identity of a
p.(None): passenger under the system will not produce a large number of false positives;
p.(None): ‘‘(III) establish an internal oversight board to oversee and monitor the manner in which the system is
p.(None): being implemented;
p.(None): ‘‘(IV) establish sufficient operational safe- guards to reduce the opportunities for abuse;
p.(None): ‘‘(V) implement substantial security measures to protect the system from unauthorized access; ‘‘(VI) adopt
p.(None): policies establishing effective over- sight of the use and operation of the system; and ‘‘(VII) ensure that
p.(None): there are no specific privacy concerns with the technological architecture of the
p.(None): system.
p.(None): ‘‘(iv) PASSENGER INFORMATION.—Not later than 180 days after the completion of the testing of the advanced passenger
p.(None): prescreening system, the Assistant Sec- retary, by order or interim final rule—
p.(None): ‘‘(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed
p.(None): to begin implementing the advanced pas- senger prescreening system; and
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None): 118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(II) shall require entities that provide systems and services to air carriers in the operation of air
p.(None): carrier reservations systems to provide to air carriers passenger information in possession of such
p.(None): entities, but only to the extent necessary to comply with subclause (I).
p.(None): ‘‘(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—
p.(None): The Assistant Secretary of Homeland Security (Transpor- tation Security Administration), in coordination
p.(None): with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure
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Social / Women
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p.(None): Intelligence; or
p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
p.(None): private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
p.(None): 482).
p.(None): ‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may
p.(None): establish such other national intelligence centers as the Director determines necessary. ‘‘(3)(A) The
p.(None): Director of National Intelligence shall prescribe,
p.(None): in consultation with the heads of other agencies or elements of the intelligence community, and the
p.(None): heads of their respective departments, personnel policies and programs applicable to the intelligence
p.(None): community that—
p.(None): ‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and
p.(None): between ele- ments of the intelligence community;
p.(None): ‘‘(ii) set standards for education, training, and career development of personnel of the intelligence
p.(None): community;
p.(None): ‘‘(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified
p.(None): individuals for the effective conduct of intelligence activities;
p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
p.(None): individuals with diverse ethnic, cul- tural, and linguistic backgrounds;
p.(None): ‘‘(v) make service in more than one element of the intel- ligence community a condition of promotion to
p.(None): such positions within the intelligence community as the Director shall specify; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Policies.
p.(None): ‘‘(vi) ensure the effective management of intelligence community personnel who are responsible
p.(None): for intelligence community-wide matters.
p.(None): ‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies
p.(None): otherwise applicable to members of the uniformed services.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure compli- ance with the Constitution and laws of
p.(None): the United States by the Central Intelligence Agency and shall ensure such compliance by other elements
p.(None): of the intelligence community through the host executive departments that manage the programs and
p.(None): activities that are part of the National Intelligence Program.
p.(None): ‘‘(5) The Director of National Intelligence shall ensure the elimi- nation of waste and unnecessary duplication within
p.(None): the intelligence community.
p.(None):
p.(None):
p.(None): 118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): ‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress
p.(None): (including a committee of Congress) by this Act may contain a classified annex.’’.
p.(None): (4) LONG-TERM STRATEGY.—
p.(None): (A) STRATEGY.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI- STAN.
p.(None): ‘‘(a) STRATEGY.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the President
p.(None): shall formulate a 5-year strategy for Afghanistan and submit such strategy to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None): of Representatives.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3783
p.(None):
p.(None):
p.(None): ‘‘(2) CONTENTS.—The strategy formulated under paragraph
p.(None): (1) shall include specific and measurable goals for addressing the long-term development and security
p.(None): needs of Afghanistan, including sectors such as agriculture and irrigation, parliamen- tary and democratic
p.(None): development, the judicial system and rule of law, human rights, education, health, telecommunications,
p.(None): electricity, women’s rights, counternarcotics, police, border secu- rity, anti-corruption, and other
p.(None): law-enforcement activities, as well as the anticipated costs and time frames associated with achieving those
p.(None): goals.
p.(None): ‘‘(b) MONITORING.—
p.(None): ‘‘(1) ANNUAL REPORT.—The President shall transmit on an annual basis through 2010 a report describing the
p.(None): progress made toward the implementation of the strategy required by subsection (a) and any changes to the
p.(None): strategy since the date of the submission of the last report to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None):
p.(None): of Representatives.’’.
p.(None): (B) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by adding
p.(None): after the item relating to section 303 the following new item:
p.(None): ‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
p.(None): (f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): (1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and
p.(None): made progress on primary education, the United States must invest in a concerted effort in Afghanistan to
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
p.(None): levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to
p.(None): establish a responsible and community-based police force;
p.(None): ‘‘(v) support to increase the transparency, account- ability, and participatory nature of governmental
p.(None): institutions, including programs designed to combat corruption and other programs for the promotion of good
p.(None): governance, such as the development of regula- tions relating to financial disclosure for public officials,
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
p.(None): freedom, freedom of expression, and freedom of associa- tion, and support human rights monitoring.
p.(None): ‘‘(D) PROTECTION OF SITES.—To provide for the protec- tion of Afghanistan’s culture, history, and national identity,
p.(None): including the rehabilitation of Afghanistan’s museums and sites of cultural significance.’’.
p.(None): (3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513(a)(4)) is amended—
p.(None): (A) in subparagraph (K), by striking ‘‘and’’ at the end;
p.(None): (B) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(M) assistance in identifying and surveying key road and rail routes that are essential for economic
p.(None): renewal in Afghanistan and the region and support for the establishment of a customs service and
p.(None): training for customs officers.’’.
p.(None): (g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
p.(None): 7513), is amended by adding at the end the following:
p.(None): ‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.— ‘‘(1) REPORT.—
p.(None): ‘‘(A) IN GENERAL.—The Secretary of State, in consulta- tion with the Administrator for the United States Agency
...
p.(None):
p.(None): Relations of the Senate a report on the pilot program. The report shall assess the success of the
p.(None): program, examine any obstacles encountered in its implementation, and address whether it should be
p.(None): continued, and if so, provide recommendations to increase its effectiveness.
p.(None): (h) FUNDING.—There are authorized to be appropriated to the Secretary of State for each of the fiscal
p.(None): years 2005 and 2006, unless otherwise authorized by Congress, such sums as necessary to implement the pilot
p.(None): program under this section.
p.(None):
p.(None): 22 USC 2228.
p.(None): SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Education that teaches tolerance, the dignity and value of each individual, and respect for different
p.(None): beliefs is a key element in any global strategy to eliminate terrorism.
p.(None): (2) Education in the Middle East about the world outside that region is weak.
p.(None): (3) The United Nations has rightly equated literacy with freedom.
p.(None): (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy
p.(None): rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and
p.(None): programs for adult literacy, and by other means.
p.(None): (5) To be effective, efforts to improve education in the Middle East must also include—
p.(None): (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
...
Social / Youth/Minors
Searching for indicator minor:
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p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
p.(None): ‘‘(d) DEFINITION.—As used in this section, the term ‘variola virus’ means a virus that can cause human smallpox
p.(None): or any deriva- tive of the variola major virus that contains more than 85 percent of the gene sequence of the
p.(None): variola major virus or the variola minor virus.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3774 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
p.(None): Section 2516(1) of title 18, United States Code, is amended—
p.(None): (1) in paragraph (a), by inserting ‘‘2122 and’’ after ‘‘sec- tions’’;
p.(None): (2) in paragraph (c), by inserting ‘‘section 175c (relating to variola virus),’’ after ‘‘section 175
p.(None): (relating to biological weapons),’’; and
p.(None): (3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after ‘‘2332f,’’.
p.(None): SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED STATES CODE.
p.(None): Section 2332b(g)(5)(B) of title 18, United States Code, is amended—
p.(None): (1) in clause (i)—
p.(None): (A) by inserting before ‘‘2339 (relating to harboring terrorists)’’ the following: ‘‘2332g (relating to
p.(None): missile sys- tems designed to destroy aircraft), 2332h (relating to radio- logical dispersal devices),’’; and
p.(None): (B) by inserting ‘‘175c (relating to variola virus),’’ after ‘‘175 or 175b (relating to biological weapons),’’; and
p.(None): (2) in clause (ii)—
p.(None): (A) by striking ‘‘section’’ and inserting ‘‘sections 92 (relating to prohibitions governing atomic weapons)
p.(None): or’’; and
p.(None): (B) by inserting ‘‘2122 or’’ before ‘‘2284’’.
p.(None): SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES CODE.
p.(None): Section 1956(c)(7)(D), title 18, United States Code, is amended—
p.(None): (1) by inserting after ‘‘section 152 (relating to concealment of assets; false oaths and claims; bribery),’’ the
p.(None): following: ‘‘sec- tion 175c (relating to the variola virus),’’;
...
Searching for indicator youth:
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p.(None): Sec. 6907. Interception of communications.
p.(None): Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. Sec. 6909. Amendments to section
p.(None): 1956(c)(7)(d) of title 18, United States Code. Sec. 6910. Export licensing process.
p.(None): Sec. 6911. Clerical amendments.
p.(None): Subtitle K—Pretrial Detention of Terrorists Sec. 6951. Short title.
p.(None): Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
p.(None): TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
p.(None): Sec. 7001. Short title.
p.(None): Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism Sec. 7101. Findings.
p.(None): Sec. 7102. Terrorist sanctuaries.
p.(None): Sec. 7103. United States commitment to the future of Pakistan. Sec. 7104. Assistance for Afghanistan.
p.(None): Sec. 7105. The relationship between the United States and Saudi Arabia. Sec. 7106. Efforts to combat Islamist
p.(None): terrorism.
p.(None):
p.(None):
p.(None): 118 STAT. 3642 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Sec. 7107. United States policy toward dictatorships.
p.(None): Sec. 7108. Promotion of free media and other American values.
p.(None): Sec. 7109. Public diplomacy responsibilities of the Department of State. Sec. 7110. Public diplomacy training.
p.(None): Sec. 7111. Promoting democracy and human rights at international organizations. Sec. 7112. Expansion of
p.(None): United States scholarship and exchange programs in the
p.(None): Islamic world.
p.(None): Sec. 7113. Pilot program to provide grants to American-sponsored schools in pre- dominantly Muslim countries
p.(None): to provide scholarships.
p.(None): Sec. 7114. International Youth Opportunity Fund.
p.(None): Sec. 7115. The use of economic policies to combat terrorism. Sec. 7116. Middle East partnership initiative.
p.(None): Sec. 7117. Comprehensive coalition strategy for fighting terrorism. Sec. 7118. Financing of terrorism.
p.(None): Sec. 7119. Designation of foreign terrorist organizations. Sec. 7120. Report to Congress.
p.(None): Sec. 7121. Case-Zablocki Act requirements. Sec. 7122. Effective date.
p.(None): Subtitle B—Terrorist Travel and Effective Screening Sec. 7201. Counterterrorist travel intelligence.
p.(None): Sec. 7202. Establishment of human smuggling and trafficking center. Sec. 7203. Responsibilities and functions of
p.(None): consular officers.
p.(None): Sec. 7204. International agreements to track and curtail terrorist travel through the use of fraudulently
p.(None): obtained documents.
p.(None): Sec. 7205. International standards for transliteration of names into the Roman al- phabet for international travel
p.(None): documents and name-based watchlist systems.
p.(None): Sec. 7206. Immigration security initiative.
p.(None): Sec. 7207. Certification regarding technology for visa waiver participants. Sec. 7208. Biometric entry and exit
p.(None): data system.
p.(None): Sec. 7209. Travel documents.
p.(None): Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.
p.(None): Sec. 7211. Minimum standards for birth certificates.
p.(None): Sec. 7212. Driver’s licenses and personal identification cards. Sec. 7213. Social security cards and numbers.
p.(None): Sec. 7214. Prohibition of the display of social security account numbers on driver’s licenses or motor vehicle
p.(None): registrations.
p.(None): Sec. 7215. Terrorist travel program.
p.(None): Sec. 7216. Increase in penalties for fraud and related activity. Sec. 7217. Study on allegedly lost or stolen
p.(None): passports.
...
p.(None): is not practical, within the first year of beginning such assignment.
p.(None): (3) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Sec- retary shall ensure that employees of the Department of
p.(None): State who are members of the civil service and who are assigned to positions described in paragraph
p.(None): (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or,
p.(None): if receiving such training at such time is not practical, within the first year of beginning such assign- ment.
p.(None):
p.(None): 22 USC 2451
p.(None): note.
p.(None): SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Exchange, scholarship, and library programs are effec- tive ways for the United States Government to
p.(None): promote inter- nationally the values and ideals of the United States.
p.(None): (2) Exchange, scholarship, and library programs can expose young people from other countries to United States
p.(None): values and offer them knowledge and hope.
p.(None): (b) DECLARATION OF POLICY.—Consistent with the report of the National Commission on Terrorist Attacks
p.(None): Upon the United States, Congress declares that—
p.(None): (1) the United States should commit to a long-term and sustainable investment in promoting engagement
p.(None): with people of all levels of society in countries with predominantly Muslim populations, particularly with youth
p.(None): and those who influence youth;
p.(None): (2) such an investment should make use of the talents and resources in the private sector and should include
p.(None): programs to increase the number of people who can be exposed to the United States and its fundamental
p.(None): ideas and values in order to dispel misconceptions; and
p.(None): (3) such programs should include youth exchange programs, young ambassadors programs, international visitor
p.(None): programs, academic and cultural exchange programs, American Corner programs, library programs, journalist
p.(None): exchange programs, sister city programs, and other programs related to people- to-people diplomacy.
p.(None): (c) SENSE OF CONGRESS.—It is the sense of Congress that the United States should significantly increase
p.(None): its investment in the people-to-people programs described in subsection (b).
p.(None): (d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES.—The President is authorized to
p.(None): substantially expand the exchange, scholarship, and library programs of the United States, especially such
p.(None): programs that benefit people in the Muslim world.
p.(None): (e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in each of the fiscal years
p.(None): 2005 and 2006 for educational and cultural exchange programs, there shall be avail- able to the Secretary
p.(None): of State such sums as may be necessary
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
...
p.(None): significant) in which such school is located.
p.(None): (e) RESTRICTION ON USE OF FUNDS.—Amounts appropriated to the Secretary of State pursuant to the
p.(None): authorization of appropria- tions in subsection (h) shall be used for the sole purpose of making grants under this
p.(None): section, and may not be used for the administra- tion of the Office of Overseas Schools of the Department of
p.(None): State or for any other activity of the Office.
p.(None): (f) VOLUNTARY PARTICIPATION.—Nothing in this section shall be construed to require participation in
p.(None): the pilot program by a United States-sponsored elementary or secondary school in a predominantly
p.(None): Muslim country.
p.(None): (g) REPORT.—Not later than April 15, 2006, the Secretary of State shall submit to the Committee on
p.(None): International Relations of the House of Representatives and the Committee on Foreign
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2452
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3798 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Relations of the Senate a report on the pilot program. The report shall assess the success of the
p.(None): program, examine any obstacles encountered in its implementation, and address whether it should be
p.(None): continued, and if so, provide recommendations to increase its effectiveness.
p.(None): (h) FUNDING.—There are authorized to be appropriated to the Secretary of State for each of the fiscal
p.(None): years 2005 and 2006, unless otherwise authorized by Congress, such sums as necessary to implement the pilot
p.(None): program under this section.
p.(None):
p.(None): 22 USC 2228.
p.(None): SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Education that teaches tolerance, the dignity and value of each individual, and respect for different
p.(None): beliefs is a key element in any global strategy to eliminate terrorism.
p.(None): (2) Education in the Middle East about the world outside that region is weak.
p.(None): (3) The United Nations has rightly equated literacy with freedom.
p.(None): (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy
p.(None): rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and
p.(None): programs for adult literacy, and by other means.
p.(None): (5) To be effective, efforts to improve education in the Middle East must also include—
p.(None): (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
p.(None): and the United States and Jordan.
p.(None): (4) Existing and proposed free trade agreements between the United States and countries with predominantly
...
p.(None): in other countries with predominantly Muslim populations designated by the President. The strategy shall include
p.(None): the following elements:
p.(None): (A) A description of the manner in which the resources of the United States and the international community shall be
p.(None): used to help achieve free universal basic education in such countries, including—
p.(None): (i) efforts of the United States to coordinate an international effort;
p.(None): (ii) activities of the United States to leverage con- tributions from members of the Group of Eight or other
p.(None): donors; and
p.(None): (iii) assistance provided by the United States to leverage contributions from the private sector and civil
p.(None): society organizations.
p.(None): (B) A description of the efforts of the United States to coordinate with other donors to reduce
p.(None): duplication and waste at the global and country levels and to ensure effi- cient coordination among all
p.(None): relevant departments and agencies of the Government of the United States.
p.(None): (C) A description of the strategy of the United States to assist efforts to overcome challenges to
p.(None): achieving free universal basic education in such countries, including strategies to target hard to
p.(None): reach populations to promote education.
p.(None): (D) A listing of countries that the President determines might be eligible for assistance under the
p.(None): International Youth Opportunity Fund described in section 7114(b) and related programs.
p.(None): (E) A description of the efforts of the United States to encourage countries in the Middle East and other
p.(None): coun- tries with predominantly Muslim populations designated by the President to develop and implement a
p.(None): national education plan.
p.(None): (F) A description of activities that could be carried out as part of the International Youth Opportunity
p.(None): Fund to help close the digital divide and expand vocational and business skills in such countries.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3807
p.(None):
p.(None):
p.(None): (G) An estimate of the funds needed to achieve free universal basic education by 2015 in each country
p.(None): described in subparagraph (D), and an estimate of the amount that has been expended by the United States and
p.(None): by each such country during the previous fiscal year.
p.(None): (H) A description of the United States strategy for garnering programmatic and financial support from
p.(None): coun- tries in the Middle East and other countries with predomi- nantly Muslim populations designated by the
p.(None): President, international organizations, and other countries that share the objectives of the International Youth
p.(None): Opportunity Fund.
p.(None): (8) ECONOMIC REFORM.—A description of the efforts of the United States Government to encourage development and pro-
p.(None): mote economic reform in countries that have a predominantly Muslim population, including a description of—
p.(None): (A) efforts to integrate countries with predominantly Muslim populations into the global trading system;
p.(None): and
p.(None): (B) actions that the United States Government, acting alone and in partnership with governments in the Middle
p.(None): East, can take to promote intraregional trade and the rule of law in the region.
p.(None): (c) FORM OF REPORT.—Any report or other matter that is required to be submitted to Congress (including
p.(None): a committee of Congress) under this section may contain a classified annex.
p.(None): SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
p.(None): (a) AVAILABILITY OF TREATIES AND INTERNATIONAL AGREE- MENTS.—Section 112a of title 1, United
p.(None): States Code, is amended by adding at the end the following:
p.(None): ‘‘(d) The Secretary of State shall make publicly available through the Internet website of the
p.(None): Department of State each treaty or international agreement proposed to be published in the compilation
p.(None): entitled ‘United States Treaties and Other International Agreements’ not later than 180 days after the date on
p.(None): which the treaty or agreement enters into force.’’.
p.(None): (b) TRANSMISSION TO CONGRESS.—Section 112b(a) of title 1, United States Code, is amended by striking ‘‘Committee
p.(None): on Foreign Affairs’’ and inserting ‘‘Committee on International Relations’’.
p.(None): (c) REPORT.—Section 112b of title 1, United States Code, is amended—
p.(None): (1) by redesignating subsections (d) and (e) as subsections
...
Social / education
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p.(None): assembled,
p.(None): SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
p.(None): (a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’.
p.(None): (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
p.(None):
p.(None): TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
p.(None): Sec. 1001. Short title.
p.(None): Subtitle A—Establishment of Director of National Intelligence
p.(None): Sec. 1011. Reorganization and improvement of management of intelligence commu- nity.
p.(None): Sec. 1012. Revised definition of national intelligence.
p.(None): Sec. 1013. Joint procedures for operational coordination between Department of De- fense and Central Intelligence
p.(None): Agency.
p.(None): Sec. 1014. Role of Director of National Intelligence in appointment of certain offi- cials responsible for
p.(None): intelligence-related activities.
p.(None): Sec. 1015. Executive Schedule matters. Sec. 1016. Information sharing.
p.(None): Sec. 1017. Alternative analysis of intelligence by the intelligence community.
p.(None): Sec. 1018. Presidential guidelines on implementation and preservation of authori- ties.
p.(None): Sec. 1019. Assignment of responsibilities relating to analytic integrity. Sec. 1020. Safeguard of objectivity in
p.(None): intelligence analysis.
p.(None): Subtitle B—National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers
p.(None): Sec. 1021. National Counterterrorism Center. Sec. 1022. National Counter Proliferation Center. Sec. 1023.
p.(None): National intelligence centers.
p.(None): Subtitle C—Joint Intelligence Community Council Sec. 1031. Joint Intelligence Community Council.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community Sec. 1041. Additional education and training
p.(None): requirements.
p.(None): Sec. 1042. Cross-disciplinary education and training. Sec. 1043. Intelligence Community Scholarship Program.
p.(None): Subtitle E—Additional Improvements of Intelligence Activities
p.(None): Sec. 1051. Service and national laboratories and the intelligence community. Sec. 1052. Open-source intelligence.
p.(None): Sec. 1053. National Intelligence Reserve Corps.
p.(None): Subtitle F—Privacy and Civil Liberties Sec. 1061. Privacy and Civil Liberties Oversight Board.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3639
p.(None):
p.(None): Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): Sec. 1071. Conforming amendments relating to roles of Director of National Intel- ligence and Director of
p.(None): the Central Intelligence Agency.
p.(None): Sec. 1072. Other conforming amendments.
p.(None): Sec. 1073. Elements of intelligence community under National Security Act of 1947. Sec. 1074. Redesignation of
p.(None): National Foreign Intelligence Program as National In-
p.(None): telligence Program.
p.(None): Sec. 1075. Repeal of superseded authority.
p.(None): Sec. 1076. Clerical amendments to National Security Act of 1947.
p.(None): Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di- rector of the Central
p.(None): Intelligence Agency.
p.(None): Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
p.(None): Sec. 1079. Ethics matters.
p.(None): Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and
p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
p.(None): TITLE III—SECURITY CLEARANCES
p.(None): Sec. 3001. Security clearances.
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security Sec. 4001. National Strategy for Transportation Security.
p.(None): Subtitle B—Aviation Security
p.(None): Sec. 4011. Provision for the use of biometric or other technology. Sec. 4012. Advanced airline passenger
p.(None): prescreening.
p.(None): Sec. 4013. Deployment and use of detection equipment at airport screening check- points.
p.(None): Sec. 4014. Advanced airport checkpoint screening devices. Sec. 4015. Improvement of screener job performance.
p.(None): Sec. 4016. Federal air marshals.
p.(None): Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.
p.(None): Sec. 4018. Foreign air marshal training.
p.(None): Sec. 4019. In-line checked baggage screening.
...
p.(None): Sec. 7403. Study regarding nationwide emergency notification system.
p.(None): Sec. 7404. Pilot study to move warning systems into the modern digital age. Sec. 7405. Required coordination.
p.(None): Sec. 7406. Emergency preparedness compacts.
p.(None): Sec. 7407. Responsibilities of counternarcotics office.
p.(None): Sec. 7408. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.
p.(None): Subtitle E—Public Safety Spectrum Sec. 7501. Digital television conversion deadline.
p.(None): Sec. 7502. Studies on telecommunications capabilities and requirements.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643
p.(None):
p.(None): Subtitle F—Presidential Transition Sec. 7601. Presidential transition.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing
p.(None): Sec. 7701. Improving international standards and cooperation to fight terrorist fi- nancing.
p.(None): Sec. 7702. Definitions.
p.(None): Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
p.(None): Sec. 7704. Coordination of United States Government efforts.
p.(None): Subtitle H—Emergency Financial Preparedness Sec. 7801. Delegation authority of the Secretary of the Treasury.
p.(None): Sec. 7802. Treasury support for financial services industry preparedness and re- sponse and consumer
p.(None): education.
p.(None): Sec. 7803. Emergency Securities Response Act of 2004. Sec. 7804. Private sector preparedness.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None): Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
p.(None): Subtitle B—Department of Homeland Security Matters Sec. 8201. Homeland security geospatial information.
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection Sec. 8301. Short title.
p.(None): Sec. 8302. Mission of Department of Homeland Security.
p.(None): Sec. 8303. Officer for Civil Rights and Civil Liberties.
p.(None): Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector Gen- eral.
p.(None): Sec. 8305. Privacy officer.
p.(None): Sec. 8306. Protections for human research subjects of the Department of Homeland Security.
p.(None):
p.(None): Subtitle D—Other Matters
p.(None): Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency plan- ning for information security
p.(None): needs.
p.(None): Sec. 8402. Enterprise architecture.
p.(None): Sec. 8403. Financial disclosure and records.
p.(None): Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
p.(None):
p.(None): TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
p.(None): SEC. 1001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘National Security Intelligence Reform Act of 2004’’.
p.(None): Subtitle A—Establishment of Director of National Intelligence
...
p.(None): elements of the intelligence community; and
p.(None): ‘‘(iii) provide advisory tasking to intelligence elements of those agencies and departments not within the
p.(None): National Intel- ligence Program.
p.(None): ‘‘(B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply—
p.(None): ‘‘(i) insofar as the President so directs;
p.(None): ‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking
p.(None): authority under plans or arrangements agreed upon by the Secretary of Defense and the Director of National
p.(None): Intelligence; or
p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
p.(None): private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
p.(None): 482).
p.(None): ‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may
p.(None): establish such other national intelligence centers as the Director determines necessary. ‘‘(3)(A) The
p.(None): Director of National Intelligence shall prescribe,
p.(None): in consultation with the heads of other agencies or elements of the intelligence community, and the
p.(None): heads of their respective departments, personnel policies and programs applicable to the intelligence
p.(None): community that—
p.(None): ‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and
p.(None): between ele- ments of the intelligence community;
p.(None): ‘‘(ii) set standards for education, training, and career development of personnel of the intelligence
p.(None): community;
p.(None): ‘‘(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified
p.(None): individuals for the effective conduct of intelligence activities;
p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
p.(None): individuals with diverse ethnic, cul- tural, and linguistic backgrounds;
p.(None): ‘‘(v) make service in more than one element of the intel- ligence community a condition of promotion to
p.(None): such positions within the intelligence community as the Director shall specify; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Policies.
p.(None): ‘‘(vi) ensure the effective management of intelligence community personnel who are responsible
p.(None): for intelligence community-wide matters.
p.(None): ‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies
p.(None): otherwise applicable to members of the uniformed services.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure compli- ance with the Constitution and laws of
p.(None): the United States by the Central Intelligence Agency and shall ensure such compliance by other elements
...
p.(None):
p.(None): and
p.(None): ‘‘(iv) in other positions in support of the intelligence commu-
p.(None): nity management functions of the Director.
p.(None): ‘‘(B) Incentives under subparagraph (A) may include financial incentives, bonuses, and such other awards
p.(None): and incentives as the Director considers appropriate.
p.(None): ‘‘(2)(A) Notwithstanding any other provision of law, the per- sonnel of an element of the intelligence
p.(None): community who are assigned or detailed under paragraph (1)(A) to service under the Director of National
p.(None): Intelligence shall be promoted at rates equivalent to or better than personnel of such element who are
p.(None): not so assigned or detailed.
p.(None): ‘‘(B) The Director may prescribe regulations to carry out this section.
p.(None): ‘‘(3)(A) The Director of National Intelligence shall prescribe mechanisms to facilitate the rotation of
p.(None): personnel of the intelligence community through various elements of the intelligence community in the course of
p.(None): their careers in order to facilitate the widest possible understanding by such personnel of the variety
p.(None): of intel- ligence requirements, methods, users, and capabilities.
p.(None): ‘‘(B) The mechanisms prescribed under subparagraph (A) may include the following:
p.(None): ‘‘(i) The establishment of special occupational categories involving service, over the course of a career,
p.(None): in more than one element of the intelligence community.
p.(None): ‘‘(ii) The provision of rewards for service in positions under- taking analysis and planning of operations
p.(None): involving two or more elements of the intelligence community.
p.(None): ‘‘(iii) The establishment of requirements for education, training, service, and evaluation for service
p.(None): involving more than one element of the intelligence community.
p.(None): ‘‘(C) It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical,
p.(None): seek to dupli- cate for civilian personnel within the intelligence community the joint officer management
p.(None): policies established by chapter 38 of title 10, United States Code, and the other amendments made by title IV
p.(None): of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433).
p.(None): ‘‘(4)(A) Except as provided in subparagraph (B) and subpara- graph (D), this subsection shall not apply with
p.(None): respect to personnel of the elements of the intelligence community who are members of the uniformed services.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3653
p.(None):
p.(None): ‘‘(B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may
p.(None): apply with respect to members of the uniformed services who are assigned to an element of the intelligence
p.(None): community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with
p.(None): personnel policies and education and training requirements otherwise applicable to members of the uniformed
p.(None): services.
p.(None): ‘‘(C) The personnel policies and programs developed and imple- mented under this subsection with respect to law
p.(None): enforcement offi- cers (as that term is defined in section 5541(3) of title 5, United States Code) shall
p.(None): not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command,
p.(None): to control the activities of such law enforcement officers.
p.(None): ‘‘(D) Assignment to the Office of the Director of National Intel- ligence of commissioned officers of the Armed Forces
p.(None): shall be consid- ered a joint-duty assignment for purposes of the joint officer management policies
p.(None): prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
p.(None): ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
p.(None): (1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with
p.(None): respect to the personnel of the Office of the Director of National Intelligence any authority of the
p.(None): Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency
p.(None): under the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable
p.(None): provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the
...
p.(None): the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice
p.(None): presented by the Director of National Intel- ligence to the President or the National Security Council, in
p.(None): the role of the Chairman as Chairman of the Joint Intelligence Commu- nity Council. If a member submits such
p.(None): advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the
p.(None): Chairman presents the advice of the Chairman to the President or the National Security Council, as the case
p.(None): may be.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1b.
p.(None): ‘‘(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the
p.(None): Chairman to the President or the National Security Council is not unduly delayed by reason of the
p.(None): submission of the individual advice or opinion of another member of the Council.
p.(None): ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint Intelligence Community Council may make such
p.(None): recommenda- tions to Congress relating to the intelligence community as such member considers appropriate.’’.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community
p.(None): SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Foreign language education is essential for the develop- ment of a highly-skilled workforce for the
p.(None): intelligence commu- nity.
p.(None): (2) Since September 11, 2001, the need for language pro- ficiency levels to meet required national security
p.(None): functions has been raised, and the ability to comprehend and articulate tech- nical and scientific information in
p.(None): foreign languages has become critical.
p.(None): (b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelligence shall—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3679
p.(None):
p.(None):
p.(None): (A) identify the linguistic requirements for the Office of the Director of National Intelligence;
p.(None): (B) identify specific requirements for the range of linguistic skills necessary for the intelligence community,
p.(None): including pro- ficiency in scientific and technical vocabularies of critical foreign languages; and
p.(None): (C) develop a comprehensive plan for the Office to meet such requirements through the education,
p.(None): recruitment, and training of linguists.
p.(None): (2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of
p.(None): the Department of Defense and the Department of Education that are in existence as of the date of the
p.(None): enactment of this Act.
p.(None): (3) Not later than one year after the date of the enactment of this Act, and annually thereafter, the
p.(None): Director shall submit to Congress a report on the requirements identified under para- graph (1), including
p.(None): the success of the Office of the Director of National Intelligence in meeting such requirements. Each
p.(None): report shall notify Congress of any additional resources determined by the Director to be required to meet such
p.(None): requirements.
p.(None): (4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
p.(None): (c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of National Intelligence shall require the head of
p.(None): each element and component within the Office of the Director of National Intelligence who has responsibility
p.(None): for professional intelligence training to periodically review and revise the curriculum for the
p.(None): professional intelligence training of the senior and intermediate level personnel of such element or component in order
p.(None): to—
p.(None): (1) strengthen the focus of such curriculum on the integra- tion of intelligence collection and analysis throughout the
p.(None): Office; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None): Notification.
p.(None):
p.(None): (2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
p.(None): SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
p.(None): Title X of the National Security Act of 1947 (50 U.S.C. 441g) is amended by adding at the end the following
p.(None): new section:
p.(None): ‘‘FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
p.(None): ‘‘SEC. 1002. The Director of National Intelligence shall establish an integrated framework that brings
p.(None): together the educational components of the intelligence community in order to promote a more effective and
p.(None): productive intelligence community through cross- disciplinary education and joint training.’’.
p.(None): SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
p.(None): Title X of the National Security Act of 1947, as amended by section 1042 of this Act, is further
p.(None): amended by adding at the end the following new section:
p.(None): ‘‘INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
p.(None): ‘‘SEC. 1003. (a) ESTABLISHMENT.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence, in consultation with the head of each agency of the
p.(None): intelligence community, shall establish a scholarship program (to be known as the ‘Intelligence Community Scholarship
p.(None): Program’) to award
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–1.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–2.
p.(None):
p.(None):
p.(None): 118 STAT. 3680 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): scholarships to individuals that is designed to recruit and pre- pare students for civilian careers in the intelligence
p.(None): community to meet the critical needs of the intelligence community agen- cies.
p.(None): ‘‘(2) SELECTION OF RECIPIENTS.—
p.(None): ‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be selected to receive scholarships under this section through a
p.(None): competitive process primarily on the basis of academic merit and the needs of the agency.
p.(None): ‘‘(B) DEMONSTRATED COMMITMENT.—Individuals
p.(None): selected under this section shall have a demonstrated commitment to the field of study for which the
p.(None): scholarship is awarded.
p.(None): ‘‘(3) CONTRACTUAL AGREEMENTS.—To carry out the Program the head of each agency shall enter into contractual
p.(None): agreements with individuals selected under paragraph (2) under which the individuals agree to serve as
p.(None): full-time employees of the agency, for the period described in subsection (g)(1), in positions needed by the agency
p.(None): and for which the individuals are quali- fied, in exchange for receiving a scholarship.
p.(None): ‘‘(b) ELIGIBILITY.—In order to be eligible to participate in the Program, an individual shall—
p.(None): ‘‘(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher
p.(None): education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or
p.(None): discipline described in the list made avail- able under subsection (d);
p.(None): ‘‘(2) be a United States citizen; and
p.(None): ‘‘(3) at the time of the initial scholarship award, not be an employee (as defined under section 2105
p.(None): of title 5, United States Code).
p.(None): ‘‘(c) APPLICATION.— An individual seeking a scholarship under this section shall submit an application to the Director
p.(None): of National Intelligence at such time, in such manner, and containing such information, agreements, or
p.(None): assurances as the Director may require. ‘‘(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National
p.(None): Intelligence shall—
p.(None): ‘‘(1) make publicly available a list of academic programs and fields of study for which scholarships
p.(None): under the Program may be used; and
p.(None): ‘‘(2) update the list as necessary. ‘‘(e) SCHOLARSHIPS.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence may provide a scholarship under the Program for an
p.(None): academic year if the individual applying for the scholarship has submitted to the Director, as part of the
p.(None): application required under sub- section (c), a proposed academic program leading to a degree in a program
p.(None): or field of study on the list made available under subsection (d).
p.(None): ‘‘(2) LIMITATION ON YEARS.—An individual may not receive a scholarship under this section for more than 4
p.(None): academic years, unless the Director of National Intelligence grants a waiver.
p.(None): ‘‘(3) STUDENT RESPONSIBILITIES.—Scholarship recipients shall maintain satisfactory academic progress.
p.(None): ‘‘(4) AMOUNT.—The dollar amount of a scholarship under this section for an academic year shall be
p.(None): determined under
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3681
p.(None):
p.(None): regulations issued by the Director of National Intelligence, but shall in no case exceed the cost of
p.(None): tuition, fees, and other authorized expenses as established by the Director.
p.(None): ‘‘(5) USE OF SCHOLARSHIPS.—A scholarship provided under this section may be expended for tuition, fees, and other
p.(None): author- ized expenses as established by the Director of National Intel- ligence by regulation.
p.(None): ‘‘(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The
p.(None): Director of National Intelligence may enter into a contractual agreement with an institution of higher
p.(None): education under which the amounts provided for a scholarship under this section for tuition, fees, and
p.(None): other authorized expenses are paid directly to the institution with respect to which the scholarship is
p.(None): provided.
p.(None): ‘‘(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—
p.(None): ‘‘(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding para- graphs (1) and (3) of subsection (b), 10 percent
p.(None): of the scholar- ships awarded under this section shall be set aside for individ- uals who are employees of
p.(None): agencies on the date of enactment of this section to enhance the education of such employees in areas of
p.(None): critical needs of agencies.
p.(None): ‘‘(2) FULL- OR PART-TIME EDUCATION.—Employees who are
p.(None): awarded scholarships under paragraph (1) shall be permitted to pursue undergraduate or graduate education under
p.(None): the schol- arship on a full-time or part-time basis.
p.(None): ‘‘(g) EMPLOYEE SERVICE.—
p.(None): ‘‘(1) PERIOD OF SERVICE.—Except as provided in subsection (i)(2), the period of service for which an individual
p.(None): shall be obligated to serve as an employee of the agency is 24 months for each academic year for
p.(None): which a scholarship under this section is provided. Under no circumstances shall the total period of
p.(None): obligated service be more than 8 years.
p.(None): ‘‘(2) BEGINNING OF SERVICE.—
p.(None): ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not
p.(None): later than 60 days after the individual obtains the edu- cational degree for which the scholarship was
p.(None): provided. ‘‘(B) DEFERRAL.—In accordance with regulations estab- lished by the Director of National Intelligence, the
p.(None): Director or designee may defer the obligation of an individual to provide a period of service under
p.(None): paragraph (1) if the Director or designee determines that such a deferral is
p.(None): appropriate. ‘‘(h) REPAYMENT.—
p.(None): ‘‘(1) IN GENERAL.—Scholarship recipients who fail to main- tain a high level of academic standing, as defined
p.(None): by the Director of National Intelligence, who are dismissed from their educational institutions for disciplinary
p.(None): reasons, or who volun- tarily terminate academic training before graduation from the educational program for
p.(None): which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any
p.(None): service obligation arising under such agreement, shall be liable to the United States for repayment
p.(None): within 1 year after the date of default of all scholarship funds paid to them and to the institution of
p.(None): higher education on their behalf under the agreement, except as provided in subsection (i)(2). The
p.(None):
p.(None):
p.(None): 118 STAT. 3682 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): repayment period may be extended by the Director when deter- mined to be necessary, as established by regulation.
p.(None): ‘‘(2) LIABILITY.—Scholarship recipients who, for any reason, fail to begin or complete their service obligation after
p.(None): completion of academic training, or fail to comply with the terms and conditions of deferment established by
p.(None): the Director of National Intelligence under subsection (i)(2)(B), shall be in breach of their contractual
p.(None): agreement. When recipients breach their agreements for the reasons stated in the preceding sentence,
p.(None): the recipient shall be liable to the United States for an amount equal to—
p.(None): ‘‘(A) the total amount of scholarships received by such individual under this section; and
p.(None): ‘‘(B) the interest on the amounts of such awards which would be payable if at the time the awards were
p.(None): received they were loans bearing interest at the maximum legal prevailing rate, as determined by the
p.(None): Treasurer of the United States, multiplied by 3.
p.(None): ‘‘(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.—
p.(None): ‘‘(1) CANCELLATION.—Any obligation of an individual incurred under the Program (or a contractual agreement
p.(None): there- under) for service or payment shall be canceled upon the death of the individual.
p.(None): ‘‘(2) WAIVER OR SUSPENSION.—The Director of National Intelligence shall prescribe regulations to provide for the
p.(None): partial or total waiver or suspension of any obligation of service or payment incurred by an individual
p.(None): under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible
p.(None): or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the
p.(None): individual would be contrary to the best interests of the Government.
p.(None): ‘‘(j) REGULATIONS.—The Director of National Intelligence shall prescribe regulations necessary to carry out this
p.(None): section.
p.(None): ‘‘(k) DEFINITIONS.—In this section:
p.(None): ‘‘(1) AGENCY.—The term ‘agency’ means each element of the intelligence community as determined by the
p.(None): Director of National Intelligence.
p.(None): ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
p.(None): tion of higher education’ has the meaning given that term under section 101 of the Higher Education Act
p.(None): of 1965 (20
p.(None): U.S.C. 1001).
p.(None): ‘‘(3) PROGRAM.—The term ‘Program’ means the Intelligence Community Scholarship Program established under subsection
p.(None): (a).’’.
p.(None):
p.(None): Subtitle E—Additional Improvements of Intelligence Activities
p.(None): SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTEL- LIGENCE COMMUNITY.
p.(None): The Director of National Intelligence, in cooperation with the Secretary of Defense and the Secretary of
p.(None): Energy, should seek to ensure that each service laboratory of the Department of Defense and each national
p.(None): laboratory of the Department of Energy may,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3683
p.(None):
p.(None):
p.(None): acting through the relevant Secretary and in a manner consistent with the missions and commitments of the
p.(None): laboratory—
p.(None): (1) assist the Director of National Intelligence in all aspects of technical intelligence, including research,
p.(None): applied sciences, analysis, technology evaluation and assessment, and any other aspect that the relevant Secretary
p.(None): considers appropriate; and
p.(None): (2) make available to the intelligence community, on a community-wide basis—
p.(None): (A) the analysis and production services of the service and national laboratories, in a manner that maximizes
p.(None): the capacity and services of such laboratories; and
p.(None): (B) the facilities and human resources of the service and national laboratories, in a manner that
p.(None): improves the technological capabilities of the intelligence community.
p.(None): SEC. 1052. OPEN-SOURCE INTELLIGENCE.
p.(None): (a) SENSE OF CONGRESS.—It is the sense of Congress that—
...
p.(None): ‘‘Sec. 103A. Deputy Directors of National Intelligence. ‘‘Sec. 103B. National Intelligence Council.
p.(None): ‘‘Sec. 103C. General Counsel.
p.(None): ‘‘Sec. 103D. Civil Liberties Protection Officer. ‘‘Sec. 103E. Director of Science and Technology.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3695
p.(None):
p.(None): ‘‘Sec. 103F. National Counterintelligence Executive. ‘‘Sec. 104. Central Intelligence Agency.
p.(None): ‘‘Sec. 104A. Director of the Central Intelligence Agency.
p.(None): ‘‘Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence
p.(None): Program.’’;
p.(None): (2) by striking the item relating to section 111;
p.(None): (3) by striking the item relating to section 114 and inserting the following new item:
p.(None): ‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’;
p.(None): (4) by inserting after the item relating to section 118 the following new items:
p.(None): ‘‘Sec. 119. National Counterterrorism Center. ‘‘Sec. 119A. National Counter Proliferation Center. ‘‘Sec. 119B.
p.(None): National intelligence centers.
p.(None): (5) by striking the item relating to section 506 and inserting the following new item:
p.(None): ‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for counterterrorism,
p.(None): counterproliferation, counternarcotics, and counter- intelligence.’’;
p.(None):
p.(None): and
p.(None):
p.(None): (6) by inserting after the item relating to section 1001
p.(None): the following new items:
p.(None): ‘‘Sec. 1002. Framework for cross-disciplinary education and training. ‘‘Sec. 1003. Intelligence Community
p.(None): Scholarship Program.’’.
p.(None): SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE
p.(None): CENTRAL INTELLIGENCE AGENCY.
p.(None): Section 1 of the Central Intelligence Agency Act of 1949 (50
p.(None): U.S.C. 403a) is amended—
p.(None): (1) by redesignating paragraphs (a), (b), and (c) as para- graphs (1), (2), and (3), respectively; and
p.(None): (2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
p.(None): ‘‘(2) ‘Director’ means the Director of the Central Intelligence Agency; and’’.
p.(None): SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
p.(None): The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section:
p.(None): ‘‘AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): SEC. 8K. If the Director of National Intelligence determines that an Office of Inspector General would be
p.(None): beneficial to improving the operations and effectiveness of the Office of the Director of National
p.(None): Intelligence, the Director of National Intelligence is authorized to establish, with any of the
p.(None): duties, responsibilities, and authorities set forth in this Act, an Office of Inspector General.’’.
p.(None): SEC. 1079. ETHICS MATTERS.
p.(None): (a) POLITICAL SERVICE OF PERSONNEL.—Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended—
...
p.(None): 150 per- sonnel funded within the National Intelligence Program to the Office of the Director of National
p.(None): Intelligence for a period of not more than 2 years.
p.(None): SEC. 1097. EFFECTIVE DATES.
p.(None): (a) IN GENERAL.—Except as otherwise expressly provided in this Act, this title and the amendments made
p.(None): by this title shall take effect not later than six months after the date of the enactment of this Act.
p.(None): (b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days after the date of the appointment of the
p.(None): first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to
p.(None): positions within the Office of the Director of National Intelligence.
p.(None): (B) Subparagraph (A) shall not apply with respect to the Prin- cipal Deputy Director of National Intelligence.
p.(None): (2) Not later than 180 days after the effective date of this Act, the President shall transmit to
p.(None): Congress the implementation plan required by section 1094.
p.(None): (3) Not later than one year after the date of the enactment of this Act, the Director of National
p.(None): Intelligence shall prescribe
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3699
p.(None):
p.(None): regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act
p.(None): of 1947, as amended by section 1011(a) of this Act.
p.(None):
p.(None): Subtitle I—Other Matters
p.(None): SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY
p.(None): INTELLIGENCE OFFICERS.
p.(None): (a) STUDY.—The Secretary of Defense shall conduct a study of the promotion selection rates, and the selection
p.(None): rates for attend- ance at professional military education schools, of intelligence offi- cers of the Armed Forces,
p.(None): particularly in comparison to the rates for other officers of the same Armed Force who are in the same
p.(None): grade and competitive category.
p.(None): (b) REPORT.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of
p.(None): Representatives a report providing the Secretary’s findings resulting from the study under subsection (a) and the
p.(None): Secretary’s recommendations (if any) for such changes in law as the Secretary considers needed to ensure that
p.(None): intelligence officers, as a group, are selected for promotion, and for attendance at professional military
p.(None): education schools, at rates not less than the rates for all line (or the equivalent) officers of the same Armed
p.(None): Force (both in the zone and below the zone) in the same grade. The report shall be submitted not
p.(None): later than April 1, 2005.
p.(None): SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST DECLASSIFICATION BOARD.
p.(None): (a) DIRECTION.—Section 703(a) of the Public Interest Declas- sification Act of 2000 (title VII of Public
p.(None): Law 106–567; 114 Stat. 2856; 50 U.S.C. 435 note) is amended—
p.(None): (1) by inserting ‘‘(1)’’ after ‘‘ESTABLISHMENT.—’’; and
p.(None): (2) by adding at the end the following new paragraph: ‘‘(2) The Board shall report directly to the
p.(None): President or, upon designation by the President, the Vice President, the Attorney Gen- eral, or other designee of
p.(None): the President. The other designee of the President under this paragraph may not be an agency head or
p.(None): official authorized to classify information under Executive Order
p.(None): 12958, or any successor order.’’.
p.(None): (b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856) is amended by adding at the end the following
p.(None): new paragraph: ‘‘(5) To review and make recommendations to the President
p.(None): in a timely manner with respect to any congressional request, made by the committee of jurisdiction, to
p.(None): declassify certain records or to reconsider a declination to declassify specific records.’’.
p.(None): (c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section 704(c)(2)(A) of that Act (114 Stat. 2860) is
p.(None): amended by inserting before the period the following: ‘‘, and also including specific requests
...
p.(None): (3) FUNDING.—There is authorized to be appropriated such sums as may be necessary to carry out this section.
p.(None): (d) MANPADS VULNERABILITY ASSESSMENTS REPORT.—
p.(None): (1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall transmit to the Committee on Transportation and Infra- structure of the House of
p.(None): Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing
p.(None): the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports
p.(None): against MANPADSs attacks.
p.(None): (2) MATTERS TO BE ADDRESSED.—The Secretary’s report shall address, at a minimum, the following:
p.(None): (A) The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States
p.(None): airports at which the Department is conducting assess- ments.
p.(None): (B) How intelligence is shared between the United States intelligence agencies and Federal, State, and
p.(None): local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
p.(None): (C) Contingency plans that the Department has devel- oped in the event that it receives intelligence indicating
p.(None): a high threat of a MANPADS attack on aircraft at or near United States airports.
p.(None): (D) The feasibility and effectiveness of implementing public education and neighborhood watch programs
p.(None): in areas surrounding United States airports in cases in which intelligence reports indicate there is a
p.(None): high risk of MANPADS attacks on aircraft.
p.(None): (E) Any other issues that the Secretary deems relevant.
p.(None): (3) FORMAT.—The report required by this subsection may be submitted in a classified format.
p.(None): (e) DEFINITIONS.—In this section, the following definitions apply:
p.(None): (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3727
p.(None):
p.(None): (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on
p.(None): Transportation and Infrastructure of the House of Rep- resentatives; and
p.(None): (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science,
p.(None): and Transportation of the Senate.
p.(None): (2) MANPADS.—The term ‘‘MANPADS’’ means—
p.(None): (A) a surface-to-air missile system designed to be man- portable and carried and fired by a single individual;
p.(None): and
p.(None): (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting
p.(None): as a crew and portable by several individuals.
p.(None): SEC. 4027. TECHNICAL CORRECTIONS.
p.(None): (a) ADMINISTRATIVE IMPOSITION OF PENALTIES.—Section 46301(d) of title 49, United States Code, is
p.(None): amended—
p.(None): (1) in the first sentence of paragraph (2) by striking ‘‘46302, 46303,’’ and inserting ‘‘46302 (for a violation
p.(None): relating to section 46504),’’;
...
p.(None): (3) Testing of advanced technology systems and software to determine best and most cost-effective uses of
p.(None): advanced technology to improve border security.
p.(None): (4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry
p.(None): with a relatively small presence of United States border patrol offi- cers.
p.(None): (5) Capability to expand the program upon a determination by the Secretary that expansion would be an
p.(None): appropriate and cost-effective means of improving border security.
p.(None): (b) COORDINATION WITH OTHER AGENCIES.—The Secretary of Homeland Security shall ensure that the operation
p.(None): of the pilot program under this subtitle—
p.(None): (1) is coordinated among United States, State, local, and Canadian law enforcement and border security
p.(None): agencies; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3733
p.(None):
p.(None):
p.(None): (2) includes ongoing communication among such agencies.
p.(None): SEC. 5103. ADMINISTRATIVE PROVISIONS.
p.(None): (a) PROCUREMENT OF ADVANCED TECHNOLOGY.—The Secretary of Homeland Security may enter into contracts for the
p.(None): procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program
p.(None): under this subtitle.
p.(None): (b) PROGRAM PARTNERSHIPS.—In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may
p.(None): provide for the establishment of cooperative arrangements for participation in the pilot program by such
p.(None): participants as law enforcement and border security agencies referred to in section 5102(b), institutions of higher
p.(None): education, and private sector entities.
p.(None): SEC. 5104. REPORT.
p.(None): (a) REQUIREMENT FOR REPORT.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Secretary of Homeland Security shall submit to Congress a report on the pilot program under this subtitle.
p.(None): (b) CONTENT.—The report under subsection (a) shall include the following matters:
p.(None): (1) A discussion of the implementation of the pilot program, including the experience under the pilot program.
p.(None): (2) A recommendation regarding whether to expand the pilot program along the entire northern border of
p.(None): the United States and a timeline for the implementation of the expansion.
p.(None): SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
p.(None): There is authorized to be appropriated such sums as may be necessary to carry out the pilot program
p.(None): under this subtitle.
p.(None): Subtitle B—Border and Immigration Enforcement
p.(None): SEC. 5201. BORDER SURVEILLANCE.
p.(None): (a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall submit to the President and the appropriate committees of Congress a comprehensive plan for
p.(None): the systematic surveillance of the south- west border of the United States by remotely piloted aircraft.
p.(None): (b) CONTENTS.—The plan submitted under subsection (a) shall include—
p.(None): (1) recommendations for establishing command and control centers, operations sites, infrastructure,
p.(None): maintenance, and procurement;
p.(None): (2) cost estimates for the implementation of the plan and ongoing operations;
p.(None): (3) recommendations for the appropriate agent within the Department of Homeland Security to be the
...
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The Government of Pakistan has a critical role to per- form in the struggle against terrorism.
p.(None): (2) Due to its location, topography, social conditions, and other factors, Pakistan can be attractive to
p.(None): extremists seeking refuge or opportunities to recruit or train, or a place from which to operate against
p.(None): Coalition Forces in Afghanistan.
p.(None): (3) A stable Pakistan, with a moderate, responsible govern- ment that serves as a voice of tolerance in the
p.(None): Muslim world, is critical to stability in the region.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the United States should—
p.(None): (1) help to ensure a promising, stable, and secure future for Pakistan over the long term;
p.(None): (2) provide a comprehensive program of assistance to encourage and enable Pakistan—
p.(None): (A) to continue and improve upon its commitment to combating extremists;
p.(None): (B) to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
p.(None): (C) to continue to make efforts to fully control its territory and borders;
p.(None): (D) to progress toward becoming a more effective and participatory democracy;
p.(None): (E) to participate more vigorously in the global market- place and to continue to modernize its economy;
p.(None): (F) to take all necessary steps to halt the spread of weapons of mass destruction;
p.(None): (G) to improve and expand access to education for all citizens; and
p.(None): (H) to increase the number and level of exchanges between the Pakistani people and the American people;
p.(None): and
p.(None): (3) continue to provide assistance to Pakistan at not less than the overall levels requested by the
p.(None): President for fiscal year 2005.
p.(None): (c) EXTENSION OF PAKISTAN WAIVERS.—The Act entitled ‘‘An Act to authorize the President to exercise
p.(None): waivers of foreign assist- ance restrictions with respect to Pakistan through September 30, 2003, and for
p.(None): other purposes’’, approved October 27, 2001 (Public Law 107–57; 115 Stat. 403), as amended by section
p.(None): 2213 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and
p.(None): Afghanistan, 2004 (Public Law 108– 106; 117 Stat. 1232), is further amended—
p.(None): (1) in section 1(b)—
p.(None): (A) in the heading, by striking ‘‘FISCAL YEAR 2004’’ and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and
p.(None): (B) in paragraph (1), by striking ‘‘2004’’ and inserting ‘‘2005 or 2006’’;
p.(None): (2) in section 3(2), by striking ‘‘and 2004,’’ and inserting ‘‘2004, 2005, and 2006’’; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 403.
p.(None):
p.(None):
p.(None):
...
p.(None): ‘‘(a) IN GENERAL.—The Secretary’’;
p.(None): (B) by striking ‘‘The first report’’ and inserting the following:
p.(None): ‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress
p.(None): (including a committee of Congress) by this Act may contain a classified annex.’’.
p.(None): (4) LONG-TERM STRATEGY.—
p.(None): (A) STRATEGY.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI- STAN.
p.(None): ‘‘(a) STRATEGY.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the President
p.(None): shall formulate a 5-year strategy for Afghanistan and submit such strategy to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None): of Representatives.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3783
p.(None):
p.(None):
p.(None): ‘‘(2) CONTENTS.—The strategy formulated under paragraph
p.(None): (1) shall include specific and measurable goals for addressing the long-term development and security
p.(None): needs of Afghanistan, including sectors such as agriculture and irrigation, parliamen- tary and democratic
p.(None): development, the judicial system and rule of law, human rights, education, health, telecommunications,
p.(None): electricity, women’s rights, counternarcotics, police, border secu- rity, anti-corruption, and other
p.(None): law-enforcement activities, as well as the anticipated costs and time frames associated with achieving those
p.(None): goals.
p.(None): ‘‘(b) MONITORING.—
p.(None): ‘‘(1) ANNUAL REPORT.—The President shall transmit on an annual basis through 2010 a report describing the
p.(None): progress made toward the implementation of the strategy required by subsection (a) and any changes to the
p.(None): strategy since the date of the submission of the last report to—
p.(None): ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on International Relations of the
p.(None): House of Representatives;
p.(None): ‘‘(C) the Committee on Appropriations of the Senate;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None): and
p.(None): ‘‘(D) the Committee on Appropriations of the House
p.(None):
p.(None): of Representatives.’’.
p.(None): (B) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by adding
p.(None): after the item relating to section 303 the following new item:
p.(None): ‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
p.(None): (f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): (1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and
p.(None): made progress on primary education, the United States must invest in a concerted effort in Afghanistan to
p.(None): improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university
p.(None): education systems, and to establish new initiatives to increase the capacity of civil society.
p.(None): (2) AMENDMENT.—Section 103(a)(5) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is
p.(None): amended to read as follows:
p.(None): ‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
p.(None): ‘‘(A) EDUCATION.—To assist in the development of the capacity of the Government of Afghanistan to provide edu-
p.(None): cation to the people of Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for an educated citizenry through improved access to basic education, with particular
p.(None): emphasis on basic education for children, especially orphans;
p.(None): ‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus
p.(None): on the recruitment and training of female teachers;
p.(None): ‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incor-
p.(None): porate relevant information such as landmine aware- ness, food security and agricultural education, civic
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
...
p.(None): (4) the United States should work to defeat extremism in all its form, especially in nations with predominantly
p.(None): Muslim populations by providing assistance to governments, non-
p.(None):
p.(None):
p.(None): 118 STAT. 3790 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): governmental organizations, and individuals who promote mod- ernization.
p.(None): SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that short-term gains enjoyed by the United States through cooperation with
p.(None): repressive dictatorships have often been out- weighed by long-term setbacks for the stature and
p.(None): interests of the United States.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) United States foreign policy should promote the impor- tance of individual educational and economic
p.(None): opportunity, encourage widespread political participation, condemn violence, and promote respect for the rule of law,
p.(None): openness in discussing differences among people, and tolerance for opposing points of view; and
p.(None): (2) the United States Government must encourage the governments of all countries with predominantly Muslim popu-
p.(None): lations, including those that are friends and allies of the United States, to promote the value of life and the
p.(None): importance of individual education and economic opportunity, encourage wide- spread political participation,
p.(None): condemn violence and promote the rule of law, openness in discussing differences among people, and
p.(None): tolerance for opposing points of view.
p.(None):
p.(None): 22 USC 1431
p.(None): note.
p.(None): SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
p.(None): (a) PROMOTION OF UNITED STATES VALUES THROUGH BROAD-
p.(None): CAST MEDIA.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and
p.(None): criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly
p.(None): presented nor widely understood.
p.(None): (B) If the United States does not act to vigorously define its message in countries with predominantly Muslim
p.(None): populations, the image of the United States will be defined by Islamic extremists who seek to demonize the
p.(None): United States.
p.(None): (C) Recognizing that many Muslim audiences rely on satellite television and radio, the United States
p.(None): Govern- ment has launched promising initiatives in television and radio broadcasting to the Islamic world,
p.(None): including Iran and Afghanistan.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (A) the United States must do more to defend and promote its values and ideals to the broadest
p.(None): possible audience in countries with predominantly Muslim popu- lations;
...
p.(None): substantially expand the exchange, scholarship, and library programs of the United States, especially such
p.(None): programs that benefit people in the Muslim world.
p.(None): (e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in each of the fiscal years
p.(None): 2005 and 2006 for educational and cultural exchange programs, there shall be avail- able to the Secretary
p.(None): of State such sums as may be necessary
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) During the 2003–2004 school year, the Office of Over- seas Schools of the Department of State is
p.(None): financially assisting
p.(None): 189 elementary and secondary schools in foreign countries.
p.(None): (2) United States-sponsored elementary and secondary schools are located in more than 20 countries
p.(None): with predomi- nantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
p.(None): (3) United States-sponsored elementary and secondary schools provide an American-style education in
p.(None): English, with curricula that typically include an emphasis on the development of critical thinking and analytical
p.(None): skills.
p.(None): (b) STATEMENT OF POLICY.—The United States has an interest in increasing the level of financial support
p.(None): provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim
p.(None): populations in order to—
p.(None): (1) increase the number of students in such countries who attend such schools;
p.(None): (2) increase the number of young people who may thereby gain at any early age an appreciation for the culture,
p.(None): society, and history of the United States; and
p.(None): (3) increase the number of young people who may thereby improve their proficiency in the English language.
p.(None): (c) PILOT PROGRAM.—The Secretary of State, acting through the Director of the Office of Overseas Schools
p.(None): of the Department of State, may conduct a pilot program to make grants to United States-sponsored
p.(None): elementary and secondary schools in countries with predominantly Muslim populations for the purpose of providing
p.(None): full or partial merit-based scholarships to students from lower- income and middle-income families of such
p.(None): countries to attend such schools.
p.(None): (d) DETERMINATION OF ELIGIBLE STUDENTS.—For purposes of the pilot program, a United States-sponsored
p.(None): elementary and sec- ondary school that receives a grant under the pilot program may establish criteria to
p.(None): be implemented by such school to determine what constitutes lower-income and middle-income families in
...
p.(None): section, and may not be used for the administra- tion of the Office of Overseas Schools of the Department of
p.(None): State or for any other activity of the Office.
p.(None): (f) VOLUNTARY PARTICIPATION.—Nothing in this section shall be construed to require participation in
p.(None): the pilot program by a United States-sponsored elementary or secondary school in a predominantly
p.(None): Muslim country.
p.(None): (g) REPORT.—Not later than April 15, 2006, the Secretary of State shall submit to the Committee on
p.(None): International Relations of the House of Representatives and the Committee on Foreign
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2452
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3798 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Relations of the Senate a report on the pilot program. The report shall assess the success of the
p.(None): program, examine any obstacles encountered in its implementation, and address whether it should be
p.(None): continued, and if so, provide recommendations to increase its effectiveness.
p.(None): (h) FUNDING.—There are authorized to be appropriated to the Secretary of State for each of the fiscal
p.(None): years 2005 and 2006, unless otherwise authorized by Congress, such sums as necessary to implement the pilot
p.(None): program under this section.
p.(None):
p.(None): 22 USC 2228.
p.(None): SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Education that teaches tolerance, the dignity and value of each individual, and respect for different
p.(None): beliefs is a key element in any global strategy to eliminate terrorism.
p.(None): (2) Education in the Middle East about the world outside that region is weak.
p.(None): (3) The United Nations has rightly equated literacy with freedom.
p.(None): (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy
p.(None): rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and
p.(None): programs for adult literacy, and by other means.
p.(None): (5) To be effective, efforts to improve education in the Middle East must also include—
p.(None): (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
p.(None): and the United States and Jordan.
p.(None): (4) Existing and proposed free trade agreements between the United States and countries with predominantly
p.(None): Muslim populations are drawing interest from other countries in the Middle East region, and countries with
p.(None): predominantly Muslim populations can become full participants in the rules-based global trading system, as the
...
p.(None): comprehensively present a United States point of view through indigenous broadcast media in countries
p.(None): with predominantly Muslim populations, including increasing appearances by United States Government
p.(None): officials, experts, and citizens.
p.(None): (C) An assessment of the major themes of biased or false media coverage of the United States in foreign coun-
p.(None): tries and the actions taken to address this type of media coverage.
p.(None): (D) An assessment of potential incentives for, and costs associated with, encouraging United States broadcasters
p.(None): to dub or subtitle into Arabic and other relevant languages their news and public affairs programs broadcast in
p.(None): the
p.(None):
p.(None):
p.(None): 118 STAT. 3806 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Muslim world in order to present those programs to a much broader Muslim audience than is currently reached.
p.(None): (E) Any recommendations the President may have for additional funding and legislation necessary to achieve the
p.(None): objectives of the strategy.
p.(None): (6) VISAS FOR PARTICIPANTS IN UNITED STATES PROGRAMS.— A description of—
p.(None): (A) any recommendations for expediting the issuance of visas to individuals who are entering the United States
p.(None): for the purpose of participating in a scholarship, exchange, or visitor program described in section 7111(b)
p.(None): without compromising the security of the United States; and
p.(None): (B) a proposed schedule for implementing any rec- ommendations described in subparagraph (A).
p.(None): (7) BASIC EDUCATION IN MUSLIM COUNTRIES.—A description of a strategy, that was developed after consultation
p.(None): with non- governmental organizations and individuals involved in education assistance programs in
p.(None): developing countries, to pro- mote free universal basic education in the countries of the Middle East and
p.(None): in other countries with predominantly Muslim populations designated by the President. The strategy shall include
p.(None): the following elements:
p.(None): (A) A description of the manner in which the resources of the United States and the international community shall be
p.(None): used to help achieve free universal basic education in such countries, including—
p.(None): (i) efforts of the United States to coordinate an international effort;
p.(None): (ii) activities of the United States to leverage con- tributions from members of the Group of Eight or other
p.(None): donors; and
p.(None): (iii) assistance provided by the United States to leverage contributions from the private sector and civil
p.(None): society organizations.
p.(None): (B) A description of the efforts of the United States to coordinate with other donors to reduce
p.(None): duplication and waste at the global and country levels and to ensure effi- cient coordination among all
p.(None): relevant departments and agencies of the Government of the United States.
p.(None): (C) A description of the strategy of the United States to assist efforts to overcome challenges to
p.(None): achieving free universal basic education in such countries, including strategies to target hard to
p.(None): reach populations to promote education.
p.(None): (D) A listing of countries that the President determines might be eligible for assistance under the
p.(None): International Youth Opportunity Fund described in section 7114(b) and related programs.
p.(None): (E) A description of the efforts of the United States to encourage countries in the Middle East and other
p.(None): coun- tries with predominantly Muslim populations designated by the President to develop and implement a
p.(None): national education plan.
p.(None): (F) A description of activities that could be carried out as part of the International Youth Opportunity
p.(None): Fund to help close the digital divide and expand vocational and business skills in such countries.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3807
p.(None):
p.(None):
p.(None): (G) An estimate of the funds needed to achieve free universal basic education by 2015 in each country
p.(None): described in subparagraph (D), and an estimate of the amount that has been expended by the United States and
p.(None): by each such country during the previous fiscal year.
p.(None): (H) A description of the United States strategy for garnering programmatic and financial support from
p.(None): coun- tries in the Middle East and other countries with predomi- nantly Muslim populations designated by the
p.(None): President, international organizations, and other countries that share the objectives of the International Youth
p.(None): Opportunity Fund.
p.(None): (8) ECONOMIC REFORM.—A description of the efforts of the United States Government to encourage development and pro-
p.(None): mote economic reform in countries that have a predominantly Muslim population, including a description of—
p.(None): (A) efforts to integrate countries with predominantly Muslim populations into the global trading system;
p.(None): and
p.(None): (B) actions that the United States Government, acting alone and in partnership with governments in the Middle
p.(None): East, can take to promote intraregional trade and the rule of law in the region.
p.(None): (c) FORM OF REPORT.—Any report or other matter that is required to be submitted to Congress (including
p.(None): a committee of Congress) under this section may contain a classified annex.
p.(None): SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
p.(None): (a) AVAILABILITY OF TREATIES AND INTERNATIONAL AGREE- MENTS.—Section 112a of title 1, United
p.(None): States Code, is amended by adding at the end the following:
p.(None): ‘‘(d) The Secretary of State shall make publicly available through the Internet website of the
...
p.(None): schedules for reviewing data correction requests, rendering decisions on such requests, and implementing
p.(None): appropriate corrective action in a timely manner.
p.(None): (g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.— The biometric entry and exit data system shall
p.(None): facilitate efficient immigration benefits processing by—
p.(None): (1) ensuring that the system’s tracking capabilities encom- pass data related to all immigration benefits
p.(None): processing, including—
p.(None): (A) visa applications with the Department of State;
p.(None): (B) immigration related filings with the Department of Labor;
p.(None): (C) cases pending before the Executive Office for Immigration Review; and
p.(None): (D) matters pending or under investigation before the Department of Homeland Security;
p.(None): (2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under
p.(None): the entry and exit data system to track all immigration related matters concerning the applicant;
p.(None): (3) providing that—
p.(None): (A) all information about an applicant’s immigration related history, including entry and exit history,
p.(None): can be queried through electronic means; and
p.(None): (B) database access and usage guidelines include strin- gent safeguards to prevent misuse of data;
p.(None): (4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all
p.(None): agencies referred to in paragraph (1); and
p.(None): (5) providing continuing education in counterterrorism techniques, tools, and methods for all
p.(None): Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
p.(None): (h) ENTRY-EXIT SYSTEM GOALS.—The Department of Homeland Security shall operate the biometric entry and exit
p.(None): system so that it—
p.(None): (1) serves as a vital counterterrorism tool;
p.(None): (2) screens travelers efficiently and in a welcoming manner;
p.(None): (3) provides inspectors and related personnel with adequate real-time information;
p.(None): (4) ensures flexibility of training and security protocols to most effectively comply with security mandates;
p.(None): (5) integrates relevant databases and plans for database modifications to address volume increase and
p.(None): database usage; and
p.(None): (6) improves database search capacities by utilizing lan- guage algorithms to detect alternate names.
p.(None): (i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL TRAINING.—In implementing the provisions of
p.(None): subsections (g) and (h), the Department of Homeland Security and the Department of State shall—
p.(None):
p.(None):
p.(None): 118 STAT. 3822 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
p.(None): (2) provide extensive community outreach and education on the entry and exit data system’s procedures;
p.(None): (3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
p.(None): (4) establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates,
p.(None): and embassies.
p.(None): (j) COMPLIANCE STATUS REPORTS.—Not later than 1 year after the date of enactment of this Act, the
p.(None): Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other
p.(None): department or agency subject to the requirements of this section, shall issue individual status reports and a
p.(None): joint status report detailing the compliance of the department or agency with each requirement under this section.
p.(None): (k) EXPEDITING REGISTERED TRAVELERS ACROSS INTERNATIONAL BORDERS.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) Expediting the travel of previously screened and known travelers across the borders of the United
p.(None): States should be a high priority.
p.(None): (B) The process of expediting known travelers across the borders of the United States can permit
p.(None): inspectors to better focus on identifying terrorists attempting to enter the United States.
p.(None): (2) DEFINITION.—In this subsection, the term ‘‘registered traveler program’’ means any program designed to
p.(None): expedite the travel of previously screened and known travelers across the borders of the United States.
p.(None): (3) REGISTERED TRAVEL PROGRAM.—
p.(None): (A) IN GENERAL.—As soon as is practicable, the Sec- retary shall develop and implement a registered
...
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p.(None): requirements.
p.(None): (4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
p.(None): (c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of National Intelligence shall require the head of
p.(None): each element and component within the Office of the Director of National Intelligence who has responsibility
p.(None): for professional intelligence training to periodically review and revise the curriculum for the
p.(None): professional intelligence training of the senior and intermediate level personnel of such element or component in order
p.(None): to—
p.(None): (1) strengthen the focus of such curriculum on the integra- tion of intelligence collection and analysis throughout the
p.(None): Office; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None): Notification.
p.(None):
p.(None): (2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
p.(None): SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
p.(None): Title X of the National Security Act of 1947 (50 U.S.C. 441g) is amended by adding at the end the following
p.(None): new section:
p.(None): ‘‘FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
p.(None): ‘‘SEC. 1002. The Director of National Intelligence shall establish an integrated framework that brings
p.(None): together the educational components of the intelligence community in order to promote a more effective and
p.(None): productive intelligence community through cross- disciplinary education and joint training.’’.
p.(None): SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
p.(None): Title X of the National Security Act of 1947, as amended by section 1042 of this Act, is further
p.(None): amended by adding at the end the following new section:
p.(None): ‘‘INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
p.(None): ‘‘SEC. 1003. (a) ESTABLISHMENT.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence, in consultation with the head of each agency of the
p.(None): intelligence community, shall establish a scholarship program (to be known as the ‘Intelligence Community Scholarship
p.(None): Program’) to award
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–1.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–2.
p.(None):
p.(None):
p.(None): 118 STAT. 3680 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): scholarships to individuals that is designed to recruit and pre- pare students for civilian careers in the intelligence
p.(None): community to meet the critical needs of the intelligence community agen- cies.
p.(None): ‘‘(2) SELECTION OF RECIPIENTS.—
p.(None): ‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be selected to receive scholarships under this section through a
p.(None): competitive process primarily on the basis of academic merit and the needs of the agency.
p.(None): ‘‘(B) DEMONSTRATED COMMITMENT.—Individuals
...
p.(None): ‘‘(2) FULL- OR PART-TIME EDUCATION.—Employees who are
p.(None): awarded scholarships under paragraph (1) shall be permitted to pursue undergraduate or graduate education under
p.(None): the schol- arship on a full-time or part-time basis.
p.(None): ‘‘(g) EMPLOYEE SERVICE.—
p.(None): ‘‘(1) PERIOD OF SERVICE.—Except as provided in subsection (i)(2), the period of service for which an individual
p.(None): shall be obligated to serve as an employee of the agency is 24 months for each academic year for
p.(None): which a scholarship under this section is provided. Under no circumstances shall the total period of
p.(None): obligated service be more than 8 years.
p.(None): ‘‘(2) BEGINNING OF SERVICE.—
p.(None): ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not
p.(None): later than 60 days after the individual obtains the edu- cational degree for which the scholarship was
p.(None): provided. ‘‘(B) DEFERRAL.—In accordance with regulations estab- lished by the Director of National Intelligence, the
p.(None): Director or designee may defer the obligation of an individual to provide a period of service under
p.(None): paragraph (1) if the Director or designee determines that such a deferral is
p.(None): appropriate. ‘‘(h) REPAYMENT.—
p.(None): ‘‘(1) IN GENERAL.—Scholarship recipients who fail to main- tain a high level of academic standing, as defined
p.(None): by the Director of National Intelligence, who are dismissed from their educational institutions for disciplinary
p.(None): reasons, or who volun- tarily terminate academic training before graduation from the educational program for
p.(None): which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any
p.(None): service obligation arising under such agreement, shall be liable to the United States for repayment
p.(None): within 1 year after the date of default of all scholarship funds paid to them and to the institution of
p.(None): higher education on their behalf under the agreement, except as provided in subsection (i)(2). The
p.(None):
p.(None):
p.(None): 118 STAT. 3682 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): repayment period may be extended by the Director when deter- mined to be necessary, as established by regulation.
p.(None): ‘‘(2) LIABILITY.—Scholarship recipients who, for any reason, fail to begin or complete their service obligation after
p.(None): completion of academic training, or fail to comply with the terms and conditions of deferment established by
p.(None): the Director of National Intelligence under subsection (i)(2)(B), shall be in breach of their contractual
p.(None): agreement. When recipients breach their agreements for the reasons stated in the preceding sentence,
p.(None): the recipient shall be liable to the United States for an amount equal to—
p.(None): ‘‘(A) the total amount of scholarships received by such individual under this section; and
p.(None): ‘‘(B) the interest on the amounts of such awards which would be payable if at the time the awards were
p.(None): received they were loans bearing interest at the maximum legal prevailing rate, as determined by the
p.(None): Treasurer of the United States, multiplied by 3.
p.(None): ‘‘(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.—
...
p.(None): emphasis on basic education for children, especially orphans;
p.(None): ‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus
p.(None): on the recruitment and training of female teachers;
p.(None): ‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incor-
p.(None): porate relevant information such as landmine aware- ness, food security and agricultural education, civic
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): education, and human rights education, including edu- cation relating to religious freedom;
p.(None): ‘‘(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary
p.(None): schools, secondary schools, and universities; and
p.(None): ‘‘(v) programs to increase educational exchanges and partnerships between the United States and
p.(None): Afghanistan.
p.(None): ‘‘(B) RULE OF LAW.—To assist in the development of the rule of law and good governance and reduced corruption
p.(None): in Afghanistan, including assistance such as—
p.(None): ‘‘(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop
p.(None): modern legal codes and court rules, to provide for the creation of legal assistance programs, and other
p.(None): initiatives to promote the rule of law in Afghanistan; ‘‘(ii) support for improvements in the capacity and
p.(None): physical infrastructure of the justice system in Afghanistan, such as for professional
p.(None): training (including for women) to improve the administration of justice, for programs to enhance
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
...
p.(None): Saudi Arabia and elsewhere.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that there should be a more robust dialogue between
p.(None): the people and Government of the United States and the people and Government of Saudi Arabia in order
p.(None): to improve the relationship between the United States and Saudi Arabia.
p.(None): SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While support for the United States has plummeted in the Islamic world, many negative views are
p.(None): uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures.
p.(None): (2) Local newspapers in countries with predominantly Muslim populations and influential broadcasters
p.(None): who reach Muslim audiences through satellite television often reinforce the idea that the people and Government
p.(None): of the United States are anti-Muslim.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the Government of the United States should offer an example of moral leadership in the world that
p.(None): includes a commitment to treat all people humanely, abide by the rule of law, and be generous to the
p.(None): people and governments of other countries;
p.(None): (2) the United States should cooperate with governments of countries with predominantly Muslim populations
p.(None): to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better
p.(None): future that includes stressing life over death, individual educational and economic oppor- tunity, widespread
p.(None): political participation, contempt for violence, respect for the rule of law, openness in discussing
p.(None): differences, and tolerance for opposing points of view;
p.(None): (3) the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and
p.(None): (4) the United States should work to defeat extremism in all its form, especially in nations with predominantly
p.(None): Muslim populations by providing assistance to governments, non-
p.(None):
p.(None):
p.(None): 118 STAT. 3790 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): governmental organizations, and individuals who promote mod- ernization.
p.(None): SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
p.(None): (a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress finds that short-term gains enjoyed by the United States through cooperation with
p.(None): repressive dictatorships have often been out- weighed by long-term setbacks for the stature and
p.(None): interests of the United States.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) United States foreign policy should promote the impor- tance of individual educational and economic
p.(None): opportunity, encourage widespread political participation, condemn violence, and promote respect for the rule of law,
p.(None): openness in discussing differences among people, and tolerance for opposing points of view; and
p.(None): (2) the United States Government must encourage the governments of all countries with predominantly Muslim popu-
p.(None): lations, including those that are friends and allies of the United States, to promote the value of life and the
p.(None): importance of individual education and economic opportunity, encourage wide- spread political participation,
p.(None): condemn violence and promote the rule of law, openness in discussing differences among people, and
p.(None): tolerance for opposing points of view.
p.(None):
p.(None): 22 USC 1431
p.(None): note.
p.(None): SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
p.(None): (a) PROMOTION OF UNITED STATES VALUES THROUGH BROAD-
p.(None): CAST MEDIA.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and
p.(None): criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly
p.(None): presented nor widely understood.
...
p.(None): under the National Endow- ment for Democracy Act (22 U.S.C. 4411 et seq.) for utilization by the Endowment to
p.(None): provide funding to a private sector group to establish and manage a free and independent media network as specified in
p.(None): paragraph (2).
p.(None): (2) MEDIA NETWORK.—The media network established using funds under paragraph (1) shall provide an effective
p.(None): forum to convene a broad range of individuals, organizations, and governmental participants involved in
p.(None): journalistic activities and the development of free and independent media in order to—
p.(None): (A) fund a clearinghouse to collect and share informa- tion concerning international media development and
p.(None): training;
p.(None): (B) improve research in the field of media assistance and program evaluation to better inform
p.(None): decisions
p.(None):
p.(None):
p.(None): 118 STAT. 3792 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): regarding funding and program design for government and private donors;
p.(None): (C) explore the most appropriate use of existing means to more effectively encourage the involvement of the private
p.(None): sector in the field of media assistance; and
p.(None): (D) identify effective methods for the development of a free and independent media in societies in
p.(None): transition.
p.(None): (d) AUTHORIZATIONS OF APPROPRIATIONS.—
p.(None): (1) IN GENERAL.—There are authorized to be appropriated for each of fiscal years 2005 and 2006, unless otherwise
p.(None): author- ized by Congress, such sums as may be necessary to carry out United States Government
p.(None): broadcasting activities con- sistent with this section under the United States Information and Educational
p.(None): Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22
p.(None): U.S.C. 6201 et seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et
p.(None): seq.), and to carry out other activities under this section consistent with the purposes of such Acts, unless
p.(None): otherwise authorized by Con- gress.
p.(None): (2) GRANTS FOR MEDIA NETWORK.—In addition to the amounts authorized to be appropriated under
p.(None): paragraph (1), there are authorized to be appropriated for each of fiscal years 2005 and 2006, unless otherwise
p.(None): authorized by Congress, such sums as may be necessary for grants under subsection (c)(1) for the
p.(None): establishment of the media network described in sub- section (c)(2).
p.(None): SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART- MENT OF STATE.
p.(None): (a) IN GENERAL.—The State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by
p.(None): inserting after section 59 the following new section:
p.(None):
p.(None): 22 USC 2732.
p.(None): ‘‘SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART- MENT OF STATE.
p.(None): ‘‘(a) INTEGRAL COMPONENT.—The Secretary of State shall make public diplomacy an integral component in the planning and
p.(None): execu- tion of United States foreign policy.
p.(None): ‘‘(b) COORDINATION AND DEVELOPMENT OF STRATEGY.—The Sec-
p.(None): retary shall make every effort to—
p.(None): ‘‘(1) coordinate, subject to the direction of the President, the public diplomacy activities of Federal
p.(None): agencies; and
p.(None): ‘‘(2) coordinate with the Broadcasting Board of Governors
p.(None):
p.(None): to—
p.(None):
...
p.(None): values and offer them knowledge and hope.
p.(None): (b) DECLARATION OF POLICY.—Consistent with the report of the National Commission on Terrorist Attacks
p.(None): Upon the United States, Congress declares that—
p.(None): (1) the United States should commit to a long-term and sustainable investment in promoting engagement
p.(None): with people of all levels of society in countries with predominantly Muslim populations, particularly with youth
p.(None): and those who influence youth;
p.(None): (2) such an investment should make use of the talents and resources in the private sector and should include
p.(None): programs to increase the number of people who can be exposed to the United States and its fundamental
p.(None): ideas and values in order to dispel misconceptions; and
p.(None): (3) such programs should include youth exchange programs, young ambassadors programs, international visitor
p.(None): programs, academic and cultural exchange programs, American Corner programs, library programs, journalist
p.(None): exchange programs, sister city programs, and other programs related to people- to-people diplomacy.
p.(None): (c) SENSE OF CONGRESS.—It is the sense of Congress that the United States should significantly increase
p.(None): its investment in the people-to-people programs described in subsection (b).
p.(None): (d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES.—The President is authorized to
p.(None): substantially expand the exchange, scholarship, and library programs of the United States, especially such
p.(None): programs that benefit people in the Muslim world.
p.(None): (e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in each of the fiscal years
p.(None): 2005 and 2006 for educational and cultural exchange programs, there shall be avail- able to the Secretary
p.(None): of State such sums as may be necessary
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) During the 2003–2004 school year, the Office of Over- seas Schools of the Department of State is
p.(None): financially assisting
p.(None): 189 elementary and secondary schools in foreign countries.
p.(None): (2) United States-sponsored elementary and secondary schools are located in more than 20 countries
p.(None): with predomi- nantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
p.(None): (3) United States-sponsored elementary and secondary schools provide an American-style education in
p.(None): English, with curricula that typically include an emphasis on the development of critical thinking and analytical
p.(None): skills.
p.(None): (b) STATEMENT OF POLICY.—The United States has an interest in increasing the level of financial support
p.(None): provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim
p.(None): populations in order to—
p.(None): (1) increase the number of students in such countries who attend such schools;
...
p.(None): (3) The United Nations has rightly equated literacy with freedom.
p.(None): (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy
p.(None): rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and
p.(None): programs for adult literacy, and by other means.
p.(None): (5) To be effective, efforts to improve education in the Middle East must also include—
p.(None): (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
...
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p.(None): disclosure.
p.(None): ‘‘(2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director
p.(None): of National Intelligence shall establish and implement guidelines for the intelligence community for
p.(None): the following purposes:
p.(None): ‘‘(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
p.(None): ‘‘(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
p.(None): ‘‘(C) Preparation of intelligence products in such a way that source information is removed to allow for
p.(None): dissemination at the lowest level of classification possible or in unclassified form to the extent
p.(None): practicable.
p.(None): ‘‘(3) The Director may only delegate a duty or authority given the Director under this subsection to the
p.(None): Principal Deputy Director of National Intelligence.
p.(None): ‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
p.(None): INFORMATION.—The Director of National Intelligence, subject to the direction of the President, shall—
p.(None): ‘‘(1) establish uniform standards and procedures for the grant of access to sensitive compartmented information
p.(None): to any officer or employee of any agency or department of the United States and to employees of contractors of
p.(None): those agencies or departments;
p.(None): ‘‘(2) ensure the consistent implementation of those stand- ards and procedures throughout such agencies
p.(None): and depart- ments;
p.(None): ‘‘(3) ensure that security clearances granted by individual elements of the intelligence community are
p.(None): recognized by all elements of the intelligence community, and under contracts entered into by those agencies;
p.(None): and
p.(None): ‘‘(4) ensure that the process for investigation and adjudica- tion of an application for access to sensitive
p.(None): compartmented information is performed in the most expeditious manner pos- sible consistent with applicable
p.(None): standards for national security. ‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the President and in a manner consistent with section
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Guidelines.
p.(None):
p.(None):
p.(None): 118 STAT. 3652 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National Intelligence shall oversee the
p.(None): coordination of the rela- tionships between elements of the intelligence community and the intelligence or
p.(None): security services of foreign governments or inter- national organizations on all matters involving intelligence
p.(None): related to the national security or involving intelligence acquired through clandestine means.
p.(None):
p.(None): Regulations.
...
p.(None): not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command,
p.(None): to control the activities of such law enforcement officers.
p.(None): ‘‘(D) Assignment to the Office of the Director of National Intel- ligence of commissioned officers of the Armed Forces
p.(None): shall be consid- ered a joint-duty assignment for purposes of the joint officer management policies
p.(None): prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
p.(None): ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
p.(None): (1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with
p.(None): respect to the personnel of the Office of the Director of National Intelligence any authority of the
p.(None): Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency
p.(None): under the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable
p.(None): provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the
p.(None): same conditions and limitations, that the Director of the Central Intel- ligence Agency may exercise such
p.(None): authority with respect to per- sonnel of the Central Intelligence Agency.
p.(None): ‘‘(2) Employees and applicants for employment of the Office of the Director of National Intelligence
p.(None): shall have the same rights and protections under the Office of the Director of National Intel- ligence as
p.(None): employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949, and other
p.(None): applicable provisions of law, as of the date of the enactment of this subsection. ‘‘(n) ACQUISITION AUTHORITIES.—(1) In
p.(None): carrying out the respon- sibilities and authorities under this section, the Director of National Intelligence may
p.(None): exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency
p.(None): Act of 1949 (50 U.S.C. 403a et seq.) other than the authorities referred
p.(None): to in section 8(b) of that Act (50 U.S.C. 403j(b)).
p.(None): ‘‘(2) For the purpose of the exercise of any authority referred to in paragraph (1), a reference to
p.(None): the head of an agency shall be deemed to be a reference to the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence.
p.(None): ‘‘(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by
p.(None): the head of an agency may be made with respect to individual purchases and contracts or with respect to
p.(None): classes of purchases or contracts, and shall be final.
p.(None): ‘‘(B) Except as provided in subparagraph (C), the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence may, in such official’s discretion, delegate to any officer or other
p.(None): official of the Office of the Director of National Intelligence any authority to make a determination or
...
p.(None): the status, position, rank, or grade of such officer in the Armed Forces, or any emolu- ment,
p.(None): perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
p.(None): ‘‘(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position
p.(None): specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to
p.(None): receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which
p.(None): such pay and allowances are paid shall be reimbursed from funds available to the Director of National
p.(None): Intelligence.
p.(None): ‘‘NATIONAL INTELLIGENCE COUNCIL
p.(None): ‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is
p.(None): a National Intelligence Council.
p.(None): ‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall be composed of senior analysts within the
p.(None): intelligence community and substantive experts from the public and private sector, who shall be appointed
p.(None): by, report to, and serve at the pleasure of, the Director of National Intelligence.
p.(None): ‘‘(2) The Director shall prescribe appropriate security require- ments for personnel appointed from the private
p.(None): sector as a condition of service on the Council, or as contractors of the Council or employees of such
p.(None): contractors, to ensure the protection of intel- ligence sources and methods while avoiding, wherever
p.(None): possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
p.(None): ‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intel-
p.(None): ligence Council shall—
p.(None): ‘‘(A) produce national intelligence estimates for the United States Government, including alternative views held
p.(None): by ele- ments of the intelligence community and other information as specified in paragraph (2);
p.(None): ‘‘(B) evaluate community-wide collection and production of intelligence by the intelligence community and the
p.(None): require- ments and resources of such collection and production; and ‘‘(C) otherwise assist the Director of
p.(None): National Intelligence
p.(None): in carrying out the responsibilities of the Director under section 102A.
p.(None): ‘‘(2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers
p.(None): and other consumers of intelligence.
p.(None): ‘‘(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—Within their
p.(None): respective areas of expertise and under the direction of the Director
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. 50 USC 403–3b.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None): 118 STAT. 3658 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): of National Intelligence, the members of the National Intelligence Council shall constitute the senior
...
p.(None):
p.(None): and (d).
p.(None): ‘‘(1) serve as the head of the Central Intelligence Agency;
p.(None): ‘‘(2) carry out the responsibilities specified in subsection
p.(None): ‘‘(d) RESPONSIBILITIES.—The Director of the Central Intelligence Agency shall—
p.(None): ‘‘(1) collect intelligence through human sources and by other appropriate means, except that the Director of the
p.(None): Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security
p.(None): functions;
p.(None): ‘‘(2) correlate and evaluate intelligence related to the national security and provide appropriate
p.(None): dissemination of such intelligence;
p.(None): ‘‘(3) provide overall direction for and coordination of the collection of national intelligence outside
p.(None): the United States through human sources by elements of the intelligence commu- nity authorized to undertake such
p.(None): collection and, in coordina- tion with other departments, agencies, or elements of the United
p.(None): States Government which are authorized to undertake such collection, ensure that the most effective use
p.(None): is made of resources and that appropriate account is taken of the risks
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3661
p.(None):
p.(None): to the United States and those involved in such collection; and
p.(None):
p.(None): ‘‘(4) perform such other functions and duties related to intelligence affecting the national security as
p.(None): the President or the Director of National Intelligence may direct.
p.(None): ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—(1)
p.(None): Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may,
p.(None): in the discretion of the Director, terminate the employment of any officer or employee of the
p.(None): Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee
p.(None): necessary or advisable in the interests of the United States.
p.(None): ‘‘(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the
p.(None): right of the officer or employee to seek or accept employment in any other department, agency, or
p.(None): element of the United States Government if declared eligible for such employment by the Office of
p.(None): Personnel Manage- ment.
p.(None): ‘‘(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the Director of National Intelligence and in a manner consistent with section 207 of the
p.(None): Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of the Central Intelligence Agency shall
p.(None): coordinate the relationships between elements of the intel- ligence community and the intelligence or
p.(None): security services of for- eign governments or international organizations on all matters involving
p.(None): intelligence related to the national security or involving intelligence acquired through clandestine means.’’.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
...
p.(None): amended by adding at the end the following new section:
p.(None): ‘‘INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
p.(None): ‘‘SEC. 1003. (a) ESTABLISHMENT.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence, in consultation with the head of each agency of the
p.(None): intelligence community, shall establish a scholarship program (to be known as the ‘Intelligence Community Scholarship
p.(None): Program’) to award
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–1.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 441g–2.
p.(None):
p.(None):
p.(None): 118 STAT. 3680 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): scholarships to individuals that is designed to recruit and pre- pare students for civilian careers in the intelligence
p.(None): community to meet the critical needs of the intelligence community agen- cies.
p.(None): ‘‘(2) SELECTION OF RECIPIENTS.—
p.(None): ‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be selected to receive scholarships under this section through a
p.(None): competitive process primarily on the basis of academic merit and the needs of the agency.
p.(None): ‘‘(B) DEMONSTRATED COMMITMENT.—Individuals
p.(None): selected under this section shall have a demonstrated commitment to the field of study for which the
p.(None): scholarship is awarded.
p.(None): ‘‘(3) CONTRACTUAL AGREEMENTS.—To carry out the Program the head of each agency shall enter into contractual
p.(None): agreements with individuals selected under paragraph (2) under which the individuals agree to serve as
p.(None): full-time employees of the agency, for the period described in subsection (g)(1), in positions needed by the agency
p.(None): and for which the individuals are quali- fied, in exchange for receiving a scholarship.
p.(None): ‘‘(b) ELIGIBILITY.—In order to be eligible to participate in the Program, an individual shall—
p.(None): ‘‘(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher
p.(None): education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or
p.(None): discipline described in the list made avail- able under subsection (d);
p.(None): ‘‘(2) be a United States citizen; and
p.(None): ‘‘(3) at the time of the initial scholarship award, not be an employee (as defined under section 2105
p.(None): of title 5, United States Code).
p.(None): ‘‘(c) APPLICATION.— An individual seeking a scholarship under this section shall submit an application to the Director
p.(None): of National Intelligence at such time, in such manner, and containing such information, agreements, or
p.(None): assurances as the Director may require. ‘‘(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National
p.(None): Intelligence shall—
p.(None): ‘‘(1) make publicly available a list of academic programs and fields of study for which scholarships
p.(None): under the Program may be used; and
p.(None): ‘‘(2) update the list as necessary. ‘‘(e) SCHOLARSHIPS.—
p.(None): ‘‘(1) IN GENERAL.—The Director of National Intelligence may provide a scholarship under the Program for an
p.(None): academic year if the individual applying for the scholarship has submitted to the Director, as part of the
...
p.(None): or field of study on the list made available under subsection (d).
p.(None): ‘‘(2) LIMITATION ON YEARS.—An individual may not receive a scholarship under this section for more than 4
p.(None): academic years, unless the Director of National Intelligence grants a waiver.
p.(None): ‘‘(3) STUDENT RESPONSIBILITIES.—Scholarship recipients shall maintain satisfactory academic progress.
p.(None): ‘‘(4) AMOUNT.—The dollar amount of a scholarship under this section for an academic year shall be
p.(None): determined under
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3681
p.(None):
p.(None): regulations issued by the Director of National Intelligence, but shall in no case exceed the cost of
p.(None): tuition, fees, and other authorized expenses as established by the Director.
p.(None): ‘‘(5) USE OF SCHOLARSHIPS.—A scholarship provided under this section may be expended for tuition, fees, and other
p.(None): author- ized expenses as established by the Director of National Intel- ligence by regulation.
p.(None): ‘‘(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The
p.(None): Director of National Intelligence may enter into a contractual agreement with an institution of higher
p.(None): education under which the amounts provided for a scholarship under this section for tuition, fees, and
p.(None): other authorized expenses are paid directly to the institution with respect to which the scholarship is
p.(None): provided.
p.(None): ‘‘(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—
p.(None): ‘‘(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding para- graphs (1) and (3) of subsection (b), 10 percent
p.(None): of the scholar- ships awarded under this section shall be set aside for individ- uals who are employees of
p.(None): agencies on the date of enactment of this section to enhance the education of such employees in areas of
p.(None): critical needs of agencies.
p.(None): ‘‘(2) FULL- OR PART-TIME EDUCATION.—Employees who are
p.(None): awarded scholarships under paragraph (1) shall be permitted to pursue undergraduate or graduate education under
p.(None): the schol- arship on a full-time or part-time basis.
p.(None): ‘‘(g) EMPLOYEE SERVICE.—
p.(None): ‘‘(1) PERIOD OF SERVICE.—Except as provided in subsection (i)(2), the period of service for which an individual
p.(None): shall be obligated to serve as an employee of the agency is 24 months for each academic year for
p.(None): which a scholarship under this section is provided. Under no circumstances shall the total period of
p.(None): obligated service be more than 8 years.
p.(None): ‘‘(2) BEGINNING OF SERVICE.—
p.(None): ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not
p.(None): later than 60 days after the individual obtains the edu- cational degree for which the scholarship was
p.(None): provided. ‘‘(B) DEFERRAL.—In accordance with regulations estab- lished by the Director of National Intelligence, the
p.(None): Director or designee may defer the obligation of an individual to provide a period of service under
p.(None): paragraph (1) if the Director or designee determines that such a deferral is
p.(None): appropriate. ‘‘(h) REPAYMENT.—
p.(None): ‘‘(1) IN GENERAL.—Scholarship recipients who fail to main- tain a high level of academic standing, as defined
p.(None): by the Director of National Intelligence, who are dismissed from their educational institutions for disciplinary
p.(None): reasons, or who volun- tarily terminate academic training before graduation from the educational program for
...
p.(None): open-source information and analysis.
p.(None): (c) REPORT.—Not later than June 30, 2005, the Director of National Intelligence shall submit to the
p.(None): congressional intelligence committees a report containing the decision of the Director as to whether an
p.(None): open-source intelligence center will be established. If the Director decides not to establish an
p.(None): open-source intelligence center, such report shall also contain a description of how the intelligence
p.(None): community will use open-source intelligence and effec- tively integrate open-source intelligence into the
p.(None): national intel- ligence cycle.
p.(None): (d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congressional
p.(None): intelligence committees’’ means—
p.(None): (1) the Select Committee on Intelligence of the Senate;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None): and
p.(None): (2) the Permanent Select Committee on Intelligence of the
p.(None):
p.(None): House of Representatives.
p.(None): SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
p.(None): (a) ESTABLISHMENT.—The Director of National Intelligence may provide for the establishment and training of a National
p.(None): Intelligence Reserve Corps (in this section referred to as ‘‘National Intelligence Reserve Corps’’) for the
p.(None): temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during
p.(None): periods of emergency, as determined by the Director.
p.(None):
p.(None):
p.(None): 50 USC 403–1c.
p.(None):
p.(None):
p.(None): 118 STAT. 3684 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) ELIGIBLE INDIVIDUALS.—An individual may participate in the National Intelligence Reserve Corps only if the
p.(None): individual pre- viously served as a full time employee of an element of the intel- ligence community.
p.(None): (c) TERMS OF PARTICIPATION.—The Director of National Intel- ligence shall prescribe the terms and conditions
p.(None): under which eligible individuals may participate in the National Intelligence Reserve Corps.
p.(None): (d) EXPENSES.—The Director of National Intelligence may provide members of the National
p.(None): Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of
p.(None): participating in any training that relates to service as a member of the Reserve Corps.
p.(None): (e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an annuity from the Civil Service
p.(None): Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall
p.(None): not be discontinued thereby.
p.(None): (2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or
p.(None): 84 of title 5, United States Code.
p.(None): (f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTEL- LIGENCE PERSONNEL CEILING.—A member of the National
p.(None): Intel- ligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not
...
p.(None): the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under
p.(None): section 5315 of title 5, United States Code, for each day during which that member is engaged in the
p.(None): actual performance of the duties of the Board.
p.(None): (2) TRAVEL EXPENSES.—Members of the Board shall be allowed travel expenses, including per diem in lieu
p.(None): of subsist- ence, at rates authorized for persons employed intermittently by the Federal Government under
p.(None): section 5703(b) of title 5, United States Code, while away from their homes or regular places of business
p.(None): in the performance of services for the Board.
p.(None): (g) STAFF.—
p.(None): (1) APPOINTMENT AND COMPENSATION.—The chairman, in accordance with rules agreed upon by the Board, shall appoint
p.(None): and fix the compensation of an executive director and such other personnel as may be necessary to
p.(None): enable the Board to carry out its functions, without regard to the provisions of title 5, United States
p.(None): Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51
p.(None): and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except
p.(None): that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a
p.(None): position at level V of the
p.(None):
p.(None):
p.(None): 118 STAT. 3688 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): Executive Schedule under section 5316 of title 5, United States Code.
p.(None): (2) DETAILEES.—Federal employees may be detailed to the Board without reimbursement from the Board, and
p.(None): such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without
p.(None): interruption.
p.(None): (3) CONSULTANT SERVICES.—The Board may procure the temporary or intermittent services of experts and
p.(None): consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the
p.(None): daily rate paid a person occu- pying a position at level IV of the Executive Schedule under section 5315
p.(None): of such title.
p.(None): (h) SECURITY CLEARANCES.—The appropriate departments and agencies of the executive branch shall cooperate
p.(None): with the Board to expeditiously provide Board members and staff with appropriate security clearances to the
p.(None): extent possible under applicable proce- dures and requirements. Promptly upon commencing its work, the
p.(None): Board shall adopt, after consultation with the Secretary of Defense, the Attorney General, and the National
p.(None): Intelligence Director, rules and procedures of the Board for physical, communications, com- puter, document,
p.(None): personnel, and other security in relation to the work of the Board.
p.(None): (i) APPLICABILITY OF CERTAIN LAWS.—
p.(None): (1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not
p.(None): apply with respect to the Board and its activities.
p.(None): (2) FREEDOM OF INFORMATION ACT.—For purposes of the Freedom of Information Act, the Board shall be
p.(None): treated as an agency (as that term is defined in section 551(1) of title 5, United States Code).
p.(None): (j) CONSTRUCTION.—Except as otherwise provided in this sec- tion, nothing in this section shall be
...
p.(None): (iii) Section 318(a) (50 U.S.C. 441g note).
p.(None): (iv) Section 319(b) (50 U.S.C. 403 note).
p.(None): (v) Section 341(b) (28 U.S.C. 519 note).
p.(None): (vi) Section 357(a) (50 U.S.C. 403 note).
p.(None): (vii) Section 504(a) (117 Stat. 2634), both places it appears.
p.(None): (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is amended by striking ‘‘Director’’ the first
p.(None): place it appears and inserting ‘‘Director of National Intelligence’’.
p.(None): (C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by striking ‘‘Director of Central Intelligence’’ and
p.(None): inserting ‘‘Director of the Central Intelligence Agency’’.
p.(None): SEC. 1072. OTHER CONFORMING AMENDMENTS
p.(None): (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of the National Security Act of 1947 (50 U.S.C.
p.(None): 402(j)) is amended by striking ‘‘Deputy Director of Central Intelligence’’ and inserting ‘‘Principal Deputy Director
p.(None): of National Intelligence’’.
p.(None): (2) Section 105(a) of that Act (50 U.S.C. 403–5(a)) is amended by striking ‘‘The Secretary’’ in the
p.(None): matter preceding paragraph
p.(None): (1) and inserting ‘‘Consistent with sections 102 and 102A, the Secretary’’.
p.(None): (3) Section 105(b) of that Act (50 U.S.C. 403–5(b)) is amended by striking ‘‘103 and 104’’ in the
p.(None): matter preceding paragraph (1) and inserting ‘‘102 and 102A’’.
p.(None): (4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended by striking ‘‘section
p.(None): 103(c)(6) of this Act’’ and inserting ‘‘section 102A(i) of this Act’’.
p.(None): (5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by striking ‘‘to the Deputy Director of Central
p.(None): Intelligence, or with respect to employees of the Central Intelligence Agency, the Director may delegate such authority
p.(None): to the Deputy Director for Operations’’ and inserting ‘‘to the Principal Deputy Director of National Intel-
p.(None): ligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central
p.(None): Intelligence Agency’’.
p.(None): (6) Section 506A(b)(1) of that Act (50 U.S.C. 415a–1(b)(1)) is amended by striking ‘‘Office of the
p.(None): Deputy Director of Central Intelligence’’ and inserting ‘‘Office of the Director of National Intel- ligence’’.
p.(None): (7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking ‘‘Office of the Director of
p.(None): Central Intelligence’’ and inserting ‘‘Office of the Director of National Intelligence’’.
p.(None): (8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by striking ‘‘Assistant Director of Central
p.(None): Intelligence for Adminis- tration’’ and inserting ‘‘Office of the Director of National Intel- ligence’’.
p.(None): (b) CENTRAL INTELLIGENCE ACT OF 1949.—Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g)
p.(None): is amended by striking ‘‘section 103(c)(7) of the National Security Act of 1947
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3693
p.(None):
p.(None): (50 U.S.C. 403–3(c)(7))’’ and inserting ‘‘section 102A(i) of the National Security Act of 1947’’.
p.(None): (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of the Central Intelligence Agency Retirement Act
p.(None): (50 U.S.C. 2011(c)) is amended by striking ‘‘paragraph (6) of section 103(c) of the National Security Act
p.(None): of 1947 (50 U.S.C. 403–3(c)) that the Director of Central Intelligence’’ and inserting ‘‘section 102A(i) of the
p.(None): National Security Act of 1947 (50 U.S.C. 403–3(c)(1)) that the Director of National Intelligence’’.
p.(None): (d) INTELLIGENCE AUTHORIZATION ACTS.—
...
p.(None): of the Executive Schedule;
p.(None): (2) appoint individuals to such positions; and
p.(None): (3) establish a performance management system for such individuals with at least one level of performance
p.(None): above a retention standard.
p.(None): (b) REPORTING REQUIREMENT.—Not less than 60 days before the date of the implementation of authorities
p.(None): authorized under this section, the Director of the Federal Bureau of Investigation shall submit an
p.(None): operating plan describing the Director’s intended use of the authorities under this section to the appropriate
p.(None): commit- tees of Congress.
p.(None): (c) ANNUAL REPORT.—Not later than December 31, 2005, and annually thereafter for 4 years, the Director of the
p.(None): Federal Bureau of Investigation shall submit an annual report of the use of the permanent authorities
p.(None): provided under this section during the pre- ceding fiscal year to the appropriate committees of Congress.
p.(None): (d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘‘appropriate committees of
p.(None): Congress means’’—
p.(None): (1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the
p.(None): Select Committee on Intelligence of the Senate; and
p.(None): (2) the Committees on Appropriations, Government Reform, and the Judiciary and the Permanent Select Committee
p.(None): on Intelligence of the House of Representatives.
p.(None): SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
p.(None): (a) IN GENERAL.—Chapter 35 of title 5, United States Code, is amended by adding at the end the following:
p.(None):
p.(None): ‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘§ 3598. Federal Bureau of Investigation Reserve Service
p.(None): ‘‘(a) ESTABLISHMENT.—The Director of the Federal Bureau of Investigation may provide for the establishment
p.(None): and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as
p.(None): the ‘FBI Reserve Service’) for temporary reemployment of employees in the Bureau during periods of emer- gency, as
p.(None): determined by the Director.
p.(None): ‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service shall be limited to individuals who previously
p.(None): served as full-time employees of the Bureau.
p.(None): ‘‘(c) ANNUITANTS.—If an individual receiving an annuity from the Civil Service Retirement and Disability
p.(None): Fund on the basis of such individual’s service becomes temporarily reemployed pursu- ant to this section, such
p.(None): annuity shall not be discontinued thereby.
p.(None):
p.(None):
p.(None): 118 STAT. 3704 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): An individual so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.
p.(None): ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve
p.(None): Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel
p.(None): ceiling applicable to the Bureau.
p.(None): ‘‘(e) EXPENSES.—The Director may provide members of the FBI Reserve Service transportation and per diem in lieu of
p.(None): subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training
p.(None): that relates to service as a member of the FBI Reserve Service.
p.(None): ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members
p.(None): at any given time. ‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may
p.(None): not be reemployed under this section for more than 180 days in connection with any particular emergency
p.(None): unless, in the judgment of the Director, the public interest so requires.’’.
p.(None): (b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 5, United States Code, is amended by adding
p.(None): at the end the fol- lowing:
p.(None): ‘‘SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
p.(None):
p.(None): Applicability. Termination date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None): 28 USC 509 note.
p.(None): SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPA- RATION AGE.
p.(None): (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8425(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANS- LATORS.
p.(None): Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the
p.(None): Attorney General of the United States shall submit to the Committee on the Judiciary of the Senate and
p.(None): the Committee on the Judiciary of the House of Representatives a report that contains, with respect to
p.(None): each preceding 12-month period—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3705
p.(None):
p.(None): (1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or
p.(None): other components of the Department of Justice;
p.(None): (2) any legal or practical impediments to using translators employed by the Federal, State, or local agencies
p.(None): on a full- time, part-time, or shared basis;
p.(None): (3) the needs of the Federal Bureau of Investigation for the specific translation services in certain
p.(None): languages, and rec- ommendations for meeting those needs;
...
p.(None): security clearance applicants, and polygraph policies and procedures;
p.(None): (3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
p.(None): (4) ensuring reciprocal recognition of access to classified information among the agencies of the United
p.(None): States Govern- ment, including acting as the final authority to arbitrate and resolve disputes involving the
p.(None): reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3707
p.(None):
p.(None):
p.(None): (5) ensuring, to the maximum extent practicable, that suffi- cient resources are available in each agency to achieve
p.(None): clearance and investigative program goals; and
p.(None): (6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of
p.(None): investigations and granting of clearances.
p.(None): (c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—
p.(None): (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of
p.(None): this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b),
p.(None): select a single agency of the executive branch to conduct, to the maximum extent practicable, security
p.(None): clearance investigations of employees and contractor personnel of the United States Government who require access
p.(None): to classified information and to provide and maintain all security clearances of such employees and
p.(None): contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to
p.(None): conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it
p.(None): appropriate for national security and efficiency purposes.
p.(None): (2) The agency selected under paragraph (1) shall—
p.(None): (A) take all necessary actions to carry out the requirements of this section, including entering into a memorandum of
p.(None): under- standing with any agency carrying out responsibilities relating to security clearances or security clearance
p.(None): investigations before the date of the enactment of this Act;
p.(None): (B) as soon as practicable, integrate reporting of security clearance applications, security clearance
p.(None): investigations, and determinations of eligibility for security clearances, with the database required by
p.(None): subsection (e); and
p.(None): (C) ensure that security clearance investigations are con- ducted in accordance with uniform standards and
p.(None): requirements established under subsection (b), including uniform security questionnaires and financial disclosure
p.(None): requirements.
p.(None): (d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETER- MINATIONS.—(1) All security clearance background
p.(None): investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency
p.(None): shall be accepted by all agencies.
p.(None): (2) All security clearance background investigations initiated by an authorized investigative agency shall
p.(None): be transferable to any other authorized investigative agency.
...
p.(None): ‘‘(III) establish an internal oversight board to oversee and monitor the manner in which the system is
p.(None): being implemented;
p.(None): ‘‘(IV) establish sufficient operational safe- guards to reduce the opportunities for abuse;
p.(None): ‘‘(V) implement substantial security measures to protect the system from unauthorized access; ‘‘(VI) adopt
p.(None): policies establishing effective over- sight of the use and operation of the system; and ‘‘(VII) ensure that
p.(None): there are no specific privacy concerns with the technological architecture of the
p.(None): system.
p.(None): ‘‘(iv) PASSENGER INFORMATION.—Not later than 180 days after the completion of the testing of the advanced passenger
p.(None): prescreening system, the Assistant Sec- retary, by order or interim final rule—
p.(None): ‘‘(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed
p.(None): to begin implementing the advanced pas- senger prescreening system; and
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment.
p.(None):
p.(None):
p.(None): 118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(II) shall require entities that provide systems and services to air carriers in the operation of air
p.(None): carrier reservations systems to provide to air carriers passenger information in possession of such
p.(None): entities, but only to the extent necessary to comply with subclause (I).
p.(None): ‘‘(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—
p.(None): The Assistant Secretary of Homeland Security (Transpor- tation Security Administration), in coordination
p.(None): with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure
p.(None): that individ- uals are screened against all appropriate records in the consolidated and integrated terrorist
p.(None): watchlist maintained by the Federal Government before—
p.(None): ‘‘(i) being certificated by the Federal Aviation Administration;
p.(None): ‘‘(ii) being granted unescorted access to the secure area of an airport; or
p.(None): ‘‘(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of
p.(None): title 49, Code of Federal Regulations, or any successor regu- lation to such section) of an airport.
p.(None): ‘‘(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.—
p.(None):
p.(None): Deadline.
p.(None): ‘‘(i) IN GENERAL.—Not later than 90 days after the date on which the Assistant Secretary assumes the
p.(None): performance of the advanced passenger pre- screening function under subparagraph (C)(ii), the
p.(None): Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transpor- tation
p.(None): with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight
p.(None): greater than 12,500 pounds may—
p.(None): ‘‘(I) request the Department of Homeland Security to use the advanced passenger pre- screening
p.(None): system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight
...
p.(None): airports at which screening is required under section 44901 of title 49, United States Code, necessary to—
p.(None): (1) provide necessary levels of aviation security; and
p.(None): (2) ensure that the average aviation security-related delay experienced by airline passengers is minimized.
p.(None): (b) GAO ANALYSIS.—As soon as practicable after the date on which the Assistant Secretary has developed
p.(None): standards under sub- section (a), the Comptroller General shall conduct an expedited analysis of, and submit
p.(None): a report to the appropriate congressional
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 44703
p.(None): note. Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Standards.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3724 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): committees on, the standards for effectiveness, administrability, ease of compliance, and consistency
p.(None): with the requirements of existing law.
p.(None): (c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIA- TION SECURITY.—The Secretary of Homeland Security shall
p.(None): conduct a study of the feasibility of combining operations of Federal employees involved in
p.(None): screening at commercial airports and aviation security-related functions under the authority of the Department
p.(None): of Homeland Security in order to coordinate security-related activi- ties, increase the efficiency and
p.(None): effectiveness of those activities, and increase commercial air transportation security.
p.(None):
p.(None): 49 USC 44913
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2751
p.(None): note.
p.(None): SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
p.(None): (a) PLAN AND GUIDELINES.—The Assistant Secretary of Home- land Security (Transportation Security
p.(None): Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland
p.(None): Security for the use of the Transportation Security Administration $100,000,000, in addition to any amounts
p.(None): otherwise authorized by law, for the purpose of research and development of improved explosive detec-
p.(None): tion systems for aviation security under section 44913 of title 49, United States Code.
p.(None): SEC. 4025. PROHIBITED ITEMS LIST.
p.(None): Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland
p.(None): Security (Transportation Security Administration) shall complete a review of the list of items prohibited
...
p.(None): trained.
p.(None): (c) DEFINITIONS.—In this section:
p.(None): (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as
p.(None): a private security officer.
p.(None): (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that—
p.(None): (A) employs private security officers; and
p.(None): (B) is authorized by regulations promulgated by the Attorney General to request a criminal history
p.(None): record
p.(None):
p.(None):
p.(None): 42 USC 5119a
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None): Private Security Officer Employment Authorization Act of 2004.
p.(None): 28 USC 534 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): information search of an employee through a State identi- fication bureau pursuant to this section.
p.(None): (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’—
p.(None): (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is
p.(None): to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform
p.(None): or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines
p.(None): by regu- lation that such exclusion would serve the public interest); but
p.(None): (B) does not include—
p.(None): (i) employees whose duties are primarily internal audit or credit functions;
p.(None): (ii) employees of electronic security system compa- nies acting as technicians or monitors; or
p.(None): (iii) employees whose duties primarily involve the secure movement of prisoners.
p.(None): (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by
p.(None): regula- tions promulgated by the Attorney General.
p.(None): (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by
p.(None): the Attorney General for the submission and receipt of criminal history record information.
p.(None): (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
p.(None): (1) IN GENERAL.—
p.(None): (A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau
p.(None): of a participating State, fingerprints or other means of positive identification, as determined by the Attorney
p.(None): Gen- eral, of an employee of such employer for purposes of a criminal history record information search
p.(None): pursuant to this Act.
p.(None): (B) EMPLOYEE RIGHTS.—
p.(None): (i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the
p.(None): State identification bureau of the participating State the request to search the criminal history record
p.(None): information of the employee under this Act.
...
p.(None): Treasury, should use the voice, vote, and influence of the United States to—
p.(None): (1) where appropriate, reform the criteria for leadership and, in appropriate cases, for membership,
p.(None): at all United Nations bodies and at other international organizations and multilateral institutions to
p.(None): which the United States is a member so as to exclude countries that violate the principles of the
p.(None): specific organization;
p.(None): (2) make it a policy of the United Nations and other inter- national organizations and multilateral institutions
p.(None): of which the United States is a member that a member country may not stand in nomination for membership
p.(None): or in nomination or in rotation for a significant leadership position in such bodies if the member
p.(None): country is subject to sanctions imposed by the United Nations Security Council; and
p.(None): (3) work to ensure that no member country stand in nomination for membership, or in nomination
p.(None): or in rotation for a significant leadership position in such organizations, or for membership on the
p.(None): United Nations Security Council, if the government of the member country has been determined by the
p.(None): Secretary of State to have repeatedly provided support for acts of international terrorism.
p.(None): (c) INCREASED TRAINING IN MULTILATERAL DIPLOMACY.—
p.(None): (1) STATEMENT OF POLICY.—It shall be the policy of the United States that training courses should be
p.(None): established for Foreign Service Officers and civil service employees of the State Department, including
p.(None): appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of
p.(None): negotiations at international organizations and multilateral institutions, negotiating skills that are required at
p.(None): multilateral settings, coalition-building techniques, and lessons learned from previous United States multilateral
p.(None): negotiations.
p.(None): (2) PERSONNEL.—
p.(None): (A) IN GENERAL.—The Secretary shall ensure that the training described in paragraph (1) is provided at various
p.(None): stages of the career of members of the Service.
p.(None): (B) ACTIONS OF THE SECRETARY.—The Secretary shall ensure that—
p.(None): (i) officers of the Service receive training on the conduct of diplomacy at international organizations
p.(None): and other multilateral institutions and at broad-based multilateral negotiations of international instruments as
p.(None): part of their training upon entry into the Service; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 4029.
p.(None): (ii) officers of the Service, including chiefs of mission, who are assigned to United States
p.(None): missions representing the United States to international organizations and other multilateral
p.(None): institutions or who are assigned in Washington, D.C., to positions that have as their primary
p.(None): responsibility formulation of policy toward such organizations and institutions or toward participation in
p.(None): broad-based multilateral
p.(None):
p.(None):
p.(None): 118 STAT. 3796 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): negotiations of international instruments, receive specialized training in the areas described in
p.(None): para- graph (1) prior to beginning of service for such assign- ment or, if receiving such training at that time
p.(None): is not practical, within the first year of beginning such assignment.
p.(None): (3) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Sec- retary shall ensure that employees of the Department of
p.(None): State who are members of the civil service and who are assigned to positions described in paragraph
p.(None): (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or,
p.(None): if receiving such training at such time is not practical, within the first year of beginning such assign- ment.
p.(None):
p.(None): 22 USC 2451
p.(None): note.
p.(None): SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Exchange, scholarship, and library programs are effec- tive ways for the United States Government to
p.(None): promote inter- nationally the values and ideals of the United States.
p.(None): (2) Exchange, scholarship, and library programs can expose young people from other countries to United States
p.(None): values and offer them knowledge and hope.
p.(None): (b) DECLARATION OF POLICY.—Consistent with the report of the National Commission on Terrorist Attacks
p.(None): Upon the United States, Congress declares that—
p.(None): (1) the United States should commit to a long-term and sustainable investment in promoting engagement
p.(None): with people of all levels of society in countries with predominantly Muslim populations, particularly with youth
p.(None): and those who influence youth;
p.(None): (2) such an investment should make use of the talents and resources in the private sector and should include
...
p.(None): executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate
p.(None): and Speaker of the House of Represent- atives with respect to Congress, or their designees, to request
p.(None): assistance under a mutual aid agreement for an emergency or public service event.
p.(None): (2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating officer’’ means the official designated by law to
p.(None): declare an emergency in and for the locality of that chief operating officer.
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
...
p.(None): Secret Service;
p.(None): (B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid
p.(None): agree- ments in furtherance of their Federal missions; and
p.(None): (C) does not—
p.(None): (i) preclude any party from entering into supple- mentary Mutual Aid Agreements with fewer than all the
p.(None): parties, or with another party; or
p.(None): (ii) affect any other agreement in effect before the date of enactment of this Act among the States
p.(None):
p.(None):
p.(None): 118 STAT. 3842 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and localities, including the Emergency Management Assistance Compact.
p.(None): (4) RIGHTS DESCRIBED.—Other than as described in this section, the rights and responsibilities of the parties to
p.(None): a mutual aid agreement entered into under this section shall be as described in the mutual aid agreement.
p.(None): (c) DISTRICT OF COLUMBIA.—
p.(None): (1) IN GENERAL.—The District of Columbia may purchase liability and indemnification insurance or become
p.(None): self insured against claims arising under a mutual aid agreement author- ized under this section.
p.(None): (2) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated such sums as may be necessary
p.(None): to carry out paragraph (1).
p.(None): (d) LIABILITY AND ACTIONS AT LAW.—
p.(None): (1) IN GENERAL.—Any responding party or its officers or employees rendering aid or failing to render aid to the
p.(None): District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a
p.(None): locality, under a mutual aid agreement authorized under this section, and any party or its officers or
p.(None): employees engaged in training activities with another party under such a mutual aid agreement, shall be
p.(None): liable on account of any act or omission of its officers or employees while so engaged or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent
p.(None): permitted under the laws and procedures of the State of the party rendering aid.
p.(None): (2) ACTIONS.—Any action brought against a party or its officers or employees on account of an act or
p.(None): omission in the rendering of aid to the District of Columbia, the Federal Government, the State
p.(None): of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies may be brought only under
p.(None): the laws and procedures of the State of the party rendering aid and only in the Federal or State
p.(None): courts located therein. Actions against the United States under this section may be brought only in Federal
p.(None): courts.
p.(None): (3) IMMUNITIES.—This section shall not abrogate any other immunities from liability that any party has under
p.(None): any other Federal or State law.
p.(None): (e) WORKERS COMPENSATION.—
p.(None): (1) COMPENSATION.—Each party shall provide for the pay- ment of compensation and death benefits to injured
p.(None): members of the emergency forces of that party and representatives of deceased members of such forces if
p.(None): such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal
p.(None): Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid
p.(None): agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same
...
p.(None): interstate jurisdictions; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 112 note.
p.(None):
p.(None): ‘‘(C) completing an inventory of Federal response capabili- ties for acts of terrorism, disasters, and
p.(None): emergencies, making such inventory available to appropriate Federal, State, and local government officials,
p.(None): and ensuring that such inventory is as current and accurate as practicable.’’.
p.(None): SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
p.(None): (a) AMENDMENT.—Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
p.(None): ‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
p.(None): ‘‘(a) OFFICE.—There is established in the Department an Office of Counternarcotics Enforcement, which shall
p.(None): be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
p.(None): ‘‘(b) ASSIGNMENT OF PERSONNEL.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary shall assign permanent staff to the Office, consistent with effective
p.(None): management of Department resources.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. President.
p.(None): Congress.
p.(None):
p.(None):
p.(None): 118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(2) LIAISONS.—The Secretary shall designate senior employees from each appropriate subdivision of the
p.(None): Department that has significant counternarcotics responsibilities to act as a liaison between that
p.(None): subdivision and the Office of Counter- narcotics Enforcement.
p.(None): ‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—Except as pro-
p.(None): vided in subsection (d), the Director of the Office of Counternarcotics Enforcement shall not be employed by,
p.(None): assigned to, or serve as the head of, any other branch of the Federal Government, any State or local
p.(None): government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
p.(None): ‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
p.(None): COORDINATOR.—The Director of the Office of Counternarcotics Enforcement may be appointed as the
p.(None): United States Interdiction Coordinator by the Director of the Office of National Drug Control Policy, and shall be
p.(None): the only person at the Department eligible to be so appointed.
p.(None): ‘‘(e) RESPONSIBILITIES.—The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
p.(None): ‘‘(1) to coordinate policy and operations within the Depart- ment, between the Department and other Federal departments
p.(None): and agencies, and between the Department and State and local agencies with respect to stopping the entry
p.(None): of illegal drugs into the United States;
p.(None): ‘‘(2) to ensure the adequacy of resources within the Depart- ment for stopping the entry of illegal drugs into
p.(None): the United States;
...
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appro- priated for the Department of Homeland Security for
p.(None): Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out
p.(None): section 878 of the Department of Homeland Security Act of 2002.
p.(None):
p.(None):
p.(None): 118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 413.
p.(None): SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): (a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.)
p.(None): is amended by adding at the end the following:
p.(None): ‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
p.(None): ‘‘(a) IN GENERAL.—Each subdivision of the Department that is a National Drug Control Program Agency
p.(None): shall include as one of the criteria in its performance appraisal system, for each employee
p.(None): directly or indirectly involved in the enforcement of Fed- eral, State, or local narcotics laws, the performance of
p.(None): that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest
p.(None): extent practicable on objective perform- ance measures, including—
p.(None): ‘‘(1) the contribution of that employee to seizures of nar- cotics and arrests of violators of Federal, State,
p.(None): or local narcotics laws; and
p.(None): ‘‘(2) the degree to which that employee cooperated with or contributed to the efforts of other
p.(None): employees, either within the Department or other Federal, State, or local agencies, in counternarcotics
p.(None): enforcement.
p.(None): ‘‘(b) DEFINITIONS.—For purposes of this section—
p.(None): ‘‘(1) the term ‘National Drug Control Program Agency’ means—
p.(None): ‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National
p.(None): Drug Control Policy Reauthorization Act of 1998 (as last in effect); and
p.(None): ‘‘(B) any subdivision of the Department that has a significant counternarcotics responsibility, as
p.(None): determined by—
p.(None): ‘‘(i) the counternarcotics officer, appointed under section 878; or
p.(None): ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor in function (as determined by the Secretary);
p.(None): and
p.(None): ‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job
p.(None): performance of employees are made, whether under chapter 43 of title 5, United States Code, or otherwise.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting
p.(None): after the item relating to section 842 the following:
p.(None):
p.(None): ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’.
p.(None):
p.(None): Subtitle E—Public Safety Spectrum
p.(None): SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
p.(None): (a) FINDINGS.—Congress finds the following:
p.(None): (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital
p.(None): broadcasts
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855
p.(None):
p.(None): simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
p.(None): (2) Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television
p.(None): broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than—
p.(None): (A) December 31, 2006; or
p.(None): (B) the date on which more than 85 percent of the television households in the market of such
p.(None): broadcaster can view digital broadcast television channels using a dig- ital television, a digital-to-analog
p.(None): converter box, cable service, or satellite service.
p.(None): (3) Twenty-four megahertz of spectrum occupied by tele- vision broadcasters has been earmarked for
p.(None): use by first responders as soon as the television broadcasters return the spectrum broadcasters being
...
p.(None): to the Financial Action Task Force (FATF), shall continue to convene the interagency United States Government FATF
p.(None): working group. This group, which includes representatives from all relevant Federal agencies, shall meet at
p.(None): least once a year to advise the Secretary on policies to be pursued by the United States regarding the
p.(None): development of common international AML and CFT standards, to assess the ade- quacy and implementation of such
p.(None): standards, and to recommend to the Secretary improved or new standards, as necessary.
p.(None):
p.(None): Subtitle H—Emergency Financial Preparedness
p.(None): SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
p.(None): Section 306(d) of title 31, United States Code, is amended by inserting ‘‘or employee’’ after ‘‘another
p.(None): officer’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3861
p.(None):
p.(None): SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDU- CATION.
p.(None): (a) FINDINGS.—Congress finds that the Secretary of the Treasury—
p.(None): (1) has successfully communicated and coordinated with the private-sector financial services industry about
p.(None): financial infrastructure preparedness and response issues;
p.(None): (2) has successfully reached out to State and local govern- ments and regional public-private partnerships,
p.(None): such as ChicagoFIRST, that protect employees and critical infrastruc- ture by enhancing communication and
p.(None): coordinating plans for disaster preparedness and business continuity; and
p.(None): (3) has set an example for the Department of Homeland Security and other Federal agency partners,
p.(None): whose active participation is vital to the overall success of the activities described in paragraphs (1) and
p.(None): (2).
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury, in consultation
p.(None): with the Secretary of Homeland Security, other Federal agency partners, and private- sector financial organization
p.(None): partners, should—
p.(None): (1) furnish sufficient personnel and technological and finan- cial resources to educate consumers and employees of the
p.(None): finan- cial services industry about domestic counterterrorist financing activities, particularly about—
p.(None): (A) how the public and private sector organizations involved in such activities can combat terrorism
p.(None): while protecting and preserving the lives and civil liberties of consumers and employees of the financial
p.(None): services industry; and
p.(None):
p.(None): (B) how the consumers and employees of the financial
p.(None): services industry can assist the public and private sector organizations involved in such activities; and
p.(None): (2) submit annual reports to Congress on efforts to accom- plish subparagraphs (A) and (B) of paragraph (1).
p.(None): (c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.—Before the end of the 6-month period beginning on the date of
p.(None): enactment of this Act, the Secretary of the Treasury shall submit a report to the Committee on Financial
p.(None): Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the
p.(None): Senate containing—
p.(None): (1) information on the efforts that the Department of the Treasury has made to encourage the formation of
p.(None): public-private partnerships to protect critical financial infrastructure and the type of support that the
p.(None): Department has provided to such partnerships; and
p.(None): (2) recommendations for administrative or legislative action regarding such partnerships, as the Secretary may
p.(None): determine to be appropriate.
p.(None): SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Emergency Securities Response Act of 2004’’.
p.(None): (b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECU-
p.(None): RITIES AND EXCHANGE COMMISSION.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
p.(None): ‘‘(5) coordinate with the Privacy Officer to ensure that— ‘‘(A) programs, policies, and procedures
p.(None): involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and
p.(None): comprehensive manner;
p.(None): and
p.(None): 6 USC 101 note.
p.(None): ‘‘(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
p.(None): ‘‘(6) investigate complaints and information indicating pos- sible abuses of civil rights or civil liberties, unless
p.(None): the Inspector General of the Department determines that any such complaint or information should be investigated
p.(None): by the Inspector Gen- eral.’’.
p.(None):
p.(None):
p.(None): 118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL.
p.(None): Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the
p.(None): following:
p.(None): ‘‘(f)(1) The Inspector General of the Department of Homeland Security shall designate a senior
p.(None): official within the Office of Inspector General, who shall be a career member of the civil service at the
p.(None): equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the
p.(None): functions described in paragraph (2).
p.(None): ‘‘(2) The senior official designated under paragraph (1) shall— ‘‘(A) coordinate the activities of the
p.(None): Office of Inspector General with respect to investigations of abuses of civil rights
p.(None): or civil liberties;
p.(None): ‘‘(B) receive and review complaints and information from any source alleging abuses of civil rights and
p.(None): civil liberties by employees or officials of the Department and employees or officials of independent
p.(None): contractors or grantees of the Depart- ment;
p.(None): ‘‘(C) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of
p.(None): the Department and employees or officials of independent contractors or grantees of the Department;
p.(None): ‘‘(D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct
p.(None): effective civil rights and civil liberties investigations;
p.(None): ‘‘(E) consult with the Officer for Civil Rights and Civil Liberties regarding—
p.(None): ‘‘(i) alleged abuses of civil rights or civil liberties; and ‘‘(ii) any policy recommendations regarding civil
p.(None): rights and civil liberties that may be founded upon an investiga-
p.(None): tion by the Office of Inspector General;
p.(None): ‘‘(F) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of
p.(None): investigations of alleged abuses of civil rights and civil liberties;
p.(None): ‘‘(G) refer civil rights and civil liberties matters that the Inspector General decides not to
p.(None): investigate to the Officer for Civil Rights and Civil Liberties;
p.(None): ‘‘(H) ensure that the Office of the Inspector General pub- licizes and provides convenient public access
p.(None): to information regarding—
p.(None): ‘‘(i) the procedure to file complaints or comments con- cerning civil rights and civil liberties matters; and
p.(None): ‘‘(ii) the status of corrective actions taken by the Department in response to Office of the Inspector
p.(None): General reports; and
p.(None): ‘‘(I) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and
...
p.(None):
p.(None):
p.(None): 28 USC 531 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3870 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (d) FAILURE TO MEET TERMS.—If the Director of the Federal Bureau of Investigation identifies any
p.(None): inability or expectation of inability to meet the terms set forth in the enterprise architecture in a report
p.(None): under subsection (c), the report under subsection (c) shall—
p.(None): (1) be twice a year until the inability is corrected;
p.(None): (2) include a statement as to whether the inability or expectation of inability to meet the terms set
p.(None): forth in the enterprise architecture is substantially related to resources; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 5 USC 1101 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (3) if the inability or expectation of inability is substantially related to resources, include a request for
p.(None): additional funding that would resolve the problem or a request to reprogram funds that would resolve the
p.(None): problem.
p.(None): (e) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND REPORTS.— This section shall be carried out in compliance
p.(None): with the require- ments set forth in section 1016(e) and (h).
p.(None): SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
p.(None): (a) STUDY.—Not later than 90 days after the date of enactment of this Act, the Office of Government Ethics
p.(None): shall submit to Con- gress a report—
p.(None): (1) evaluating the financial disclosure process for employees of the executive branch of Government; and
p.(None): (2) making recommendations for improving that process.
p.(None): (b) TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES.—
p.(None): (1) DEFINITION.—In this section, the term ‘‘major party’’ has the meaning given that term under section
p.(None): 9002(6) of the Internal Revenue Code of 1986.
p.(None): (2) TRANSMITTAL.—
p.(None): (A) IN GENERAL.—Not later than 15 days after the date on which a major party nominates a candidate for
p.(None): President, the Office of Personnel Management shall transmit an electronic record to that candidate
p.(None): on Presi- dentially appointed positions.
p.(None): (B) OTHER CANDIDATES.—After making transmittals under subparagraph (A), the Office of Personnel Manage- ment
p.(None): may transmit an electronic record on Presidentially appointed positions to any other candidate for
p.(None): President.
p.(None): (3) CONTENT.—The record transmitted under this sub- section shall provide—
p.(None): (A) all positions which are appointed by the President, including the title and description of the duties of
p.(None): each position;
p.(None): (B) the name of each person holding a position described under subparagraph (A);
p.(None): (C) any vacancy in the positions described under subparagraph (A), and the period of time any such
p.(None): position has been vacant;
p.(None): (D) the date on which an appointment made after the applicable Presidential election for any
p.(None): position described under subparagraph (A) is necessary to ensure effective operation of the Government; and
...
Social / gender
Searching for indicator gender:
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p.(None): (C) STATE CERTIFICATION.—
p.(None): (i) IN GENERAL.—Each State shall certify to the Secretary of Transportation that the State is in compli- ance
p.(None): with the requirements of this section.
p.(None): (ii) FREQUENCY.—Certifications under clause (i) shall be made at such intervals and in such a manner as the
p.(None): Secretary of Transportation, with the concur- rence of the Secretary of Homeland Security, may pre- scribe by
p.(None): regulation.
p.(None): (iii) AUDITS.—The Secretary of Transportation may conduct periodic audits of each State’s compliance with the
p.(None): requirements of this section.
p.(None):
p.(None): Deadline. Regulations.
p.(None): (2) MINIMUM STANDARDS.—Not later than 18 months after the date of enactment of this Act, the Secretary of
p.(None): Transpor- tation, in consultation with the Secretary of Homeland Security, shall by regulation, establish minimum
p.(None): standards for driver’s licenses or personal identification cards issued by a State for use by Federal
p.(None): agencies for identification purposes that shall include—
p.(None): (A) standards for documentation required as proof of identity of an applicant for a driver’s license or
p.(None): personal identification card;
p.(None): (B) standards for the verifiability of documents used to obtain a driver’s license or personal
p.(None): identification card;
p.(None): (C) standards for the processing of applications for driver’s licenses and personal identification cards to
p.(None): prevent fraud;
p.(None): (D) standards for information to be included on each driver’s license or personal identification card,
p.(None): including—
p.(None): (i) the person’s full legal name;
p.(None): (ii) the person’s date of birth;
p.(None): (iii) the person’s gender;
p.(None): (iv) the person’s driver’s license or personal identi- fication card number;
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): (v) a digital photograph of the person;
p.(None): 118 STAT. 3829
p.(None):
p.(None): and
p.(None): (vi) the person’s address of principal residence;
p.(None): (vii) the person’s signature;
p.(None): (E) standards for common machine-readable identity information to be included on each driver’s license or
p.(None): per- sonal identification card, including defined minimum data elements;
p.(None): (F) security standards to ensure that driver’s licenses and personal identification cards are—
p.(None): (i) resistant to tampering, alteration, or counter- feiting; and
p.(None): (ii) capable of accommodating and ensuring the security of a digital photograph or other unique identi- fier; and
p.(None): (G) a requirement that a State confiscate a driver’s license or personal identification card if any
p.(None): component or security feature of the license or identification card is compromised.
p.(None): (3) CONTENT OF REGULATIONS.—The regulations required by paragraph (2)—
p.(None): (A) shall facilitate communication between the chief driver licensing official of a State, an appropriate
p.(None): official of a Federal agency and other relevant officials, to verify the authenticity of documents, as
p.(None): appropriate, issued by such Federal agency or entity and presented to prove the identity of an individual;
p.(None): (B) may not infringe on a State’s power to set criteria concerning what categories of individuals are eligible
p.(None): to obtain a driver’s license or personal identification card from that State;
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): ‘‘(1) The Director of National Intelligence, who shall chair the Council.
p.(None): ‘‘(2) The Secretary of State.
p.(None): ‘‘(3) The Secretary of the Treasury.
p.(None):
p.(None):
p.(None): 50 USC 402–1.
p.(None): Establishment.
p.(None):
p.(None):
p.(None): 118 STAT. 3678 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(4) The Secretary of Defense. ‘‘(5) The Attorney General. ‘‘(6) The Secretary of Energy.
p.(None): ‘‘(7) The Secretary of Homeland Security.
p.(None): ‘‘(8) Such other officers of the United States Government as the President may designate from time to time.
p.(None): ‘‘(c) FUNCTIONS.—The Joint Intelligence Community Council shall assist the Director of National Intelligence in
p.(None): developing and implementing a joint, unified national intelligence effort to protect national security by—
p.(None): ‘‘(1) advising the Director on establishing requirements, developing budgets, financial management, and
p.(None): monitoring and evaluating the performance of the intelligence community, and on such other matters as the Director may
p.(None): request; and
p.(None): ‘‘(2) ensuring the timely execution of programs, policies, and directives established or developed by the
p.(None): Director.
p.(None): ‘‘(d) MEETINGS.—The Director of National Intelligence shall convene regular meetings of the Joint
p.(None): Intelligence Community Council.
p.(None): ‘‘(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIR-
p.(None): MAN.—(1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to
p.(None): the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice
p.(None): presented by the Director of National Intel- ligence to the President or the National Security Council, in
p.(None): the role of the Chairman as Chairman of the Joint Intelligence Commu- nity Council. If a member submits such
p.(None): advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the
p.(None): Chairman presents the advice of the Chairman to the President or the National Security Council, as the case
p.(None): may be.
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1b.
p.(None): ‘‘(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the
p.(None): Chairman to the President or the National Security Council is not unduly delayed by reason of the
p.(None): submission of the individual advice or opinion of another member of the Council.
p.(None): ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint Intelligence Community Council may make such
p.(None): recommenda- tions to Congress relating to the intelligence community as such member considers appropriate.’’.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community
p.(None): SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Foreign language education is essential for the develop- ment of a highly-skilled workforce for the
p.(None): intelligence commu- nity.
p.(None): (2) Since September 11, 2001, the need for language pro- ficiency levels to meet required national security
p.(None): functions has been raised, and the ability to comprehend and articulate tech- nical and scientific information in
p.(None): foreign languages has become critical.
p.(None): (b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelligence shall—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3679
p.(None):
p.(None):
p.(None): (A) identify the linguistic requirements for the Office of the Director of National Intelligence;
p.(None): (B) identify specific requirements for the range of linguistic skills necessary for the intelligence community,
...
p.(None): ‘‘(ii) for the visa classification for which such prior visa was issued;
p.(None): ‘‘(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise pre-
p.(None): scribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a
p.(None): national; and
p.(None): ‘‘(iv) the consular officer has no indication that such alien has not complied with the immigration laws and
p.(None): regulations of the United States; or
p.(None): ‘‘(C) by the Secretary of State if the Secretary deter- mines that such waiver is—
p.(None): ‘‘(i) in the national interest of the United States;
p.(None): or
p.(None): ‘‘(ii) necessary as a result of unusual or emergent
p.(None): circumstances; and
p.(None): ‘‘(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien—
p.(None): ‘‘(A) is not a national or resident of the country in which such alien is applying for a visa;
p.(None): ‘‘(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
p.(None): ‘‘(C) is listed in the Consular Lookout and Support System (or successor system at the Department of
p.(None): State); ‘‘(D) is a national of a country officially designated
p.(None): by the Secretary of State as a state sponsor of terrorism,
p.(None):
p.(None):
p.(None): 118 STAT. 3736 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): except such nationals who possess nationalities of countries that are not designated as state sponsors of
p.(None): terrorism; ‘‘(E) requires a security advisory opinion or other
p.(None): Department of State clearance, unless such alien is—
p.(None): ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
p.(None): ‘‘(ii) within the NATO visa category;
p.(None): ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the
p.(None): ‘C–3 visa’ category); or
p.(None): ‘‘(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
p.(None): ‘‘(F) is identified as a member of a group or sector that the Secretary of State determines—
p.(None): ‘‘(i) poses a substantial risk of submitting inac- curate information in order to obtain a visa;
p.(None): ‘‘(ii) has historically had visa applications denied at a rate that is higher than the average rate of such
p.(None): denials; or
p.(None): ‘‘(iii) poses a security threat to the United States.’’.
p.(None): SEC. 5302. VISA APPLICATION REQUIREMENTS.
p.(None): Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 1202(c)) is amended by inserting ‘‘The alien shall
p.(None): provide complete and accurate information in response to any request for information contained in the application.’’
p.(None): after the second sentence.
p.(None):
p.(None): 8 USC 1202 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1155 note.
p.(None): SEC. 5303. EFFECTIVE DATE.
p.(None): Notwithstanding section 1086 or any other provision of this Act, sections 5301 and 5302 shall take
...
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3738 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have applied for, been granted, or
p.(None): been denied asylum.
p.(None): (2) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have applied for, been granted, or
p.(None): been denied release from detention.
p.(None): (3) The number of aliens connected to, tied to, charged in connection with, or who claim to have been
p.(None): accused of or charged in connection with terrorist activity who have been denied asylum but who remain at large
p.(None): in the United States.
p.(None): (4) The effect of the confidentiality provisions of section
p.(None): 208.6 of title 8, Code of Federal Regulations, on the ability of the United States Government to
p.(None): establish that an alien is connected to or tied to terrorist activity, such that the alien is barred from asylum or
p.(None): withholding of removal, is removable from the United States, or both.
p.(None): (5) The effect that precedential decisions, if any, holding that the extrajudicial punishment of an
p.(None): individual connected to terrorism, or guerrilla or militant activity abroad, or threats of such punishment, constitute
p.(None): persecution on account of polit- ical opinion as defined in section 101(a)(42) of the Immigration and Nationality Act
p.(None): (8 U.S.C. 1101(a)(42)), have had on the ability of the United States Government to remove aliens whom the
p.(None): United States Government believes are connected to or have ties to terrorism.
p.(None): (6) The extent to which court precedents have affected the ability of the United States Government to
p.(None): determine or prove that an alien the United States Government believes to be connected to or tied to
p.(None): terrorism is in fact so connected or tied, including—
p.(None): (A) so-called ‘‘imputed political opinion’’;
p.(None): (B) judicial review, reversal, or both of the credibility determinations of immigration judges; and
p.(None): (C) the need to use classified information in removal proceedings against aliens suspected of connections or
p.(None): ties to terrorism.
p.(None): (7) The likelihood that an alien connected to or with ties to terrorism has been granted asylum
p.(None): or withholding of removal.
p.(None): (8) The likelihood that an alien connected to or with ties to terrorism has used the United States
p.(None): asylum system to enter or remain in the United States in order to plan, conspire, or carry out, or attempt to
p.(None): plan, conspire, or carry out, an act of terrorism.
p.(None): (c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of conducting the study under subsection (a), the
p.(None): Comptroller General shall consider the possibility, and assess the likelihood, that an alien whom the United
p.(None): States Government accuses or has accused of having a connection to or ties to terrorism is in fact
p.(None): connected to or tied to terrorism, notwithstanding any administrative or judicial determination to the
p.(None): contrary.
p.(None): (d) SCOPE.—In conducting the study under subsection (a), the Comptroller General shall seek information
p.(None): from the Department of Homeland Security, the Federal Bureau of Investigation, the Central Intelligence
p.(None): Agency, the Department of Justice, foreign
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3739
p.(None):
...
Economic / Economic/Poverty
Searching for indicator poverty:
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p.(None): note.
p.(None): SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Afghani- stan Freedom Support Act Amendments of 2004’’.
p.(None): (b) COORDINATION OF ASSISTANCE.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
p.(None): (A) The United States and its allies in the international community have made progress in promoting economic and
p.(None): political reform within Afghanistan, including the establishment of a central government with a
p.(None): democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of
p.(None): the standard of living of many Afghans.
p.(None): (B) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democ- racy,
p.(None): and such a transition depends in particular upon—
p.(None): (i) improving security throughout the country;
p.(None): (ii) disarming and demobilizing militias;
p.(None): (iii) curtailing the rule of the warlords;
p.(None): (iv) promoting equitable economic development;
p.(None): (v) protecting the human rights of the people of Afghanistan;
p.(None): (vi) continuing to hold elections for public officials;
p.(None):
p.(None): and
p.(None): (vii) ending the cultivation, production, and traf-
p.(None): ficking of narcotics.
p.(None): (C) The United States and the international community must make a long-term commitment to addressing the
p.(None): unstable security situation in Afghanistan and the bur- geoning narcotics trade, endemic poverty, and other
p.(None): serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for
p.(None): international terrorism.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should take, with
p.(None): respect to Afghanistan, the following actions:
p.(None): (A) Work with other nations to obtain long-term secu- rity, political, and financial commitments and fulfillment
p.(None): of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act
p.(None): of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous
p.(None): Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
p.(None): (B) Use the voice and vote of the United States in relevant international organizations, including the
p.(None): North Atlantic Treaty Organization and the United Nations Secu- rity Council, to strengthen international
p.(None): commitments to assist the Government of Afghanistan in enhancing secu- rity, building national police and
p.(None): military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the
p.(None): country.
p.(None): (C) Take appropriate steps to increase the assistance provided under programs of the Department of State
p.(None): and the United States Agency for International Development throughout Afghanistan and to increase the
p.(None): number of
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3781
p.(None):
p.(None):
...
p.(None): (1) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL AND SOCIAL DEVELOPMENT.—
p.(None):
p.(None):
p.(None): 118 STAT. 3782 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): 22 USC 7513
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7511
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 7555.
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): (A) DECLARATION OF POLICY.—Congress reaffirms the authorities contained in title I of the Afghanistan Freedom
p.(None): Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic development assistance
p.(None): for Afghanistan.
p.(None): (B) PROVISION OF ASSISTANCE.—Section 103(a) of such Act (22 U.S.C. 7513(a)) is amended in the matter
p.(None): preceding paragraph (1) by striking ‘‘section 512 of Public Law 107– 115 or any other similar’’ and inserting ‘‘any
p.(None): other’’.
p.(None): (2) DECLARATIONS OF GENERAL POLICY.—Congress makes the following declarations:
p.(None): (A) The United States reaffirms the support that it and other countries expressed for the report
p.(None): entitled ‘‘Securing Afghanistan’s Future’’ in their Berlin Declaration of April 2004. The United States should
p.(None): help enable the growth needed to create an economically sustainable Afghanistan capable of the
p.(None): poverty reduction and social development foreseen in the report.
p.(None): (B) The United States supports the parliamentary elec- tions to be held in Afghanistan by April 2005 and will
p.(None): help ensure that such elections are not undermined, including by warlords or narcotics traffickers.
p.(None): (C) The United States continues to urge North Atlantic Treaty Organization members and other friendly countries to
p.(None): make much greater military contributions toward securing the peace in Afghanistan.
p.(None): (3) FORM OF REPORTS.—Section 304 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7554) is
p.(None): amended—
p.(None): (A) by striking ‘‘The Secretary’’ and inserting the fol- lowing:
p.(None): ‘‘(a) IN GENERAL.—The Secretary’’;
p.(None): (B) by striking ‘‘The first report’’ and inserting the following:
p.(None): ‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress
p.(None): (including a committee of Congress) by this Act may contain a classified annex.’’.
p.(None): (4) LONG-TERM STRATEGY.—
p.(None): (A) STRATEGY.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is
p.(None): amended by adding at the end the following:
p.(None): ‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI- STAN.
p.(None): ‘‘(a) STRATEGY.—
p.(None): ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the President
p.(None): shall formulate a 5-year strategy for Afghanistan and submit such strategy to—
...
p.(None): knowl- edge into local languages and local libraries to house such materials; and
p.(None): (B) more vocational education in trades and business skills.
p.(None): (6) The Middle East can benefit from some of the same programs to bridge the digital divide that
p.(None): already have been developed for other regions of the world.
p.(None): (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
p.(None): (1) ESTABLISHMENT.—The Secretary of State is authorized to establish through an existing international
p.(None): organization, such as the United Nations Educational, Science and Cultural Organization (UNESCO) or other similar body,
p.(None): an International Youth Opportunity Fund to provide financial assistance for the improvement of public
p.(None): education in the Middle East and other countries of strategic interest with predominantly Muslim populations.
p.(None): (2) INTERNATIONAL PARTICIPATION.—The Secretary should seek the cooperation of the international community in
p.(None): estab- lishing and generously supporting the Fund.
p.(None): SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic
p.(None): policies and repressive political regimes.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799
p.(None):
p.(None):
p.(None): (2) Policies that support economic development and reform also have political implications, as economic and
p.(None): political lib- erties are often linked.
p.(None): (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free
p.(None): trade agreement with Bahrain, and free trade agreements exist between the United States and Israel
p.(None): and the United States and Jordan.
p.(None): (4) Existing and proposed free trade agreements between the United States and countries with predominantly
p.(None): Muslim populations are drawing interest from other countries in the Middle East region, and countries with
p.(None): predominantly Muslim populations can become full participants in the rules-based global trading system, as the
p.(None): United States considers lowering its barriers to trade.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) a comprehensive United States strategy to counter ter- rorism should include economic policies that encourage
p.(None): develop- ment, open societies, and opportunities for people to improve the lives of their families and to
p.(None): enhance prospects for their children’s future;
p.(None): (2) one element of such a strategy should encompass the lowering of trade barriers with the poorest countries
...
p.(None): provisions of this subtitle.
p.(None): (b) CONTENTS.—The report required under this section shall include the following:
p.(None): (1) TERRORIST SANCTUARIES.—A description of the strategy of the United States to address and, where possible,
p.(None): eliminate terrorist sanctuaries, including—
p.(None): (A) a description of the terrorist sanctuaries that exist;
p.(None): (B) an outline of strategies, tactics, and tools for dis- rupting or eliminating the security provided
p.(None): to terrorists by such sanctuaries;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None): 8 USC 1189 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None): 118 STAT. 3804 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (C) a description of efforts by the United States Govern- ment to work with other countries in bilateral and multilat-
p.(None): eral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist
p.(None): unknown to governments; and
p.(None): (D) a description of long-term goals and actions designed to reduce the conditions that allow the
p.(None): formation of terrorist sanctuaries, such as supporting and strength- ening host governments,
p.(None): reducing poverty, increasing economic development, strengthening civil society, securing borders,
p.(None): strengthening internal security forces, and disrupting logistics and communications net- works of terrorist
p.(None): groups.
p.(None): (2) SUPPORT FOR PAKISTAN.—A description of a United States strategy to engage with Pakistan and to
p.(None): support it over the long term, including—
p.(None): (A) recommendations on the composition and levels of assistance required in future years, with special consider-
p.(None): ation of the proper balance between security assistance and other forms of assistance;
p.(None): (B) a description of the composition and levels of assist- ance, other than security assistance, at present and
p.(None): in the recent past, structured to permit a comparison of cur- rent and past practice with that
p.(None): recommended for the future;
p.(None): (C) measures that could be taken to ensure that all forms of foreign assistance to Pakistan have the
p.(None): greatest possible long-term positive impact on the welfare of the Pakistani people and on the ability of
p.(None): Pakistan to cooperate in global efforts against terror; and
p.(None): (D) measures that could be taken to alleviate difficul- ties, misunderstandings, and complications in the
p.(None): relation- ship between the United States and Pakistan.
p.(None): (3) COLLABORATION WITH SAUDI ARABIA.—A description of the strategy of the United States for expanding
p.(None): collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance, including
p.(None): a description of—
p.(None): (A) steps that could usefully be taken to institutionalize and make more transparent government to government
...
Economic / investors/intellectual rights
Searching for indicator investors:
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p.(None): SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Emergency Securities Response Act of 2004’’.
p.(None): (b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECU-
p.(None): RITIES AND EXCHANGE COMMISSION.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Emergency Securities Response Act of 2004.
p.(None): 15 USC 78a note.
p.(None):
p.(None):
p.(None): 118 STAT. 3862 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) EXTENSION OF AUTHORITY.—Section 12(k)(2) of the Secu- rities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is
p.(None): amended to read as follows:
p.(None): ‘‘(2) EMERGENCY ORDERS.—
p.(None): ‘‘(A) IN GENERAL.—The Commission, in an emergency, may by order summarily take such action to alter, supple- ment,
p.(None): suspend, or impose requirements or restrictions with respect to any matter or action subject to regulation by
p.(None): the Commission or a self-regulatory organization under the securities laws, as the Commission determines
p.(None): is nec- essary in the public interest and for the protection of investors—
p.(None): ‘‘(i) to maintain or restore fair and orderly securi- ties markets (other than markets in exempted securi-
p.(None): ties);
p.(None): ‘‘(ii) to ensure prompt, accurate, and safe clearance and settlement of transactions in securities (other than exempted
p.(None): securities); or
p.(None): ‘‘(iii) to reduce, eliminate, or prevent the substan- tial disruption by the emergency of—
p.(None): ‘‘(I) securities markets (other than markets in exempted securities), investment companies, or any other
p.(None): significant portion or segment of such markets; or
p.(None): ‘‘(II) the transmission or processing of securi- ties transactions (other than transactions in exempted
p.(None): securities).
p.(None): ‘‘(B) EFFECTIVE PERIOD.—An order of the Commission under this paragraph shall continue in effect for the period
p.(None): specified by the Commission, and may be extended. Except as provided in subparagraph (C), an order of the Commis- sion
p.(None): under this paragraph may not continue in effect for more than 10 business days, including extensions.
p.(None): ‘‘(C) EXTENSION.—An order of the Commission under this paragraph may be extended to continue in effect
p.(None): for more than 10 business days if, at the time of the extension, the Commission finds that the emergency still
p.(None): exists and determines that the continuation of the order beyond 10 business days is necessary in the
p.(None): public interest and for the protection of investors to attain an objective described in clause (i), (ii), or
p.(None): (iii) of subparagraph (A). In no event shall an order of the Commission under this paragraph continue in
p.(None): effect for more than 30 calendar days.
p.(None): ‘‘(D) SECURITY FUTURES.—If the actions described in subparagraph (A) involve a security futures product,
p.(None): the Commission shall consult with and consider the views of the Commodity Futures Trading Commission.
p.(None): ‘‘(E) EXEMPTION.—In exercising its authority under this paragraph, the Commission shall not be required to comply with
p.(None): the provisions of—
p.(None): ‘‘(i) section 19(c); or
p.(None): ‘‘(ii) section 553 of title 5, United States Code.’’.
p.(None): (c) CONSULTATION; DEFINITION OF EMERGENCY.—Section 12(k)(6) of the Securities Exchange Act of 1934 (15
p.(None): U.S.C. 78l(k)(6)) is amended to read as follows:
p.(None): ‘‘(6) CONSULTATION.—Prior to taking any action described in paragraph (1)(B), the Commission shall
p.(None): consult with and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3863
p.(None):
p.(None): consider the views of the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and
p.(None): the Com- modity Futures Trading Commission, unless such consultation is impracticable in light of the emergency.
p.(None): ‘‘(7) DEFINITIONS.—For purposes of this subsection— ‘‘(A) the term ‘emergency’ means—
p.(None): ‘‘(i) a major market disturbance characterized by or constituting—
...
General/Other / Diminished Autonomy
Searching for indicator diminished:
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p.(None): of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and
p.(None): ‘‘(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local
p.(None): Government Coordination and Preparedness on awarding grants to—
p.(None): ‘‘(I) fund the creation of geospatial data; and ‘‘(II) execute information sharing agreements regarding
p.(None): geospatial data with State, local, and
p.(None): tribal governments.
p.(None): ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
p.(None): authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.’’.
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection
p.(None): SEC. 8301. SHORT TITLE.
p.(None): 118 STAT. 3867
p.(None):
p.(None): Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.
p.(None):
p.(None): This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of
p.(None): 2004’’.
p.(None): SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
p.(None): Section 101(b)(1) of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 111(b)(1)) is amended—
p.(None): (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon;
p.(None): (2) by redesignating subparagraph (G) as subparagraph (H); and
p.(None): (3) by inserting after subparagraph (F) the following:
p.(None): ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts,
p.(None): activities, and programs aimed at securing the homeland; and’’.
p.(None): SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
p.(None): Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 345(a)) is amended—
p.(None): (1) by amending the matter preceding paragraph (1) to read as follows:
p.(None): ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the
p.(None): Secretary, shall—’’;
p.(None): (2) by amending paragraph (1) to read as follows:
p.(None): ‘‘(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on
p.(None): the basis of race, ethnicity, or religion, by employees and officials of the Depart- ment;’’;
p.(None): (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
p.(None): (4) by adding at the end the following:
p.(None): ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and
p.(None): periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil
p.(None): liberties is appropriately incor- porated into Department programs and activities;
p.(None): ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, policy, and other requirements relating to the
p.(None): civil rights and civil liberties of individuals affected by the programs and activities of the Department;
...
General/Other / Manipulable
Searching for indicator manipulated:
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p.(None): February 26,
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3815
p.(None):
p.(None): 1993, the attack on the embassies of the United States in Kenya and Tanzania on August 7, 1998, the
p.(None): attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and the Pentagon on
p.(None): September 11, 2001, traveled across international borders to plan and carry out these attacks.
p.(None): (3) The international terrorists who planned other attacks on the United States, including the plot to bomb
p.(None): New York City landmarks in 1993, the plot to bomb the New York City subway in 1997, and the millennium plot
p.(None): to bomb Los Angeles International Airport on December 31, 1999, traveled across international borders to plan
p.(None): and carry out these attacks.
p.(None): (4) Many of the international terrorists who planned and carried out large-scale attacks against foreign
p.(None): targets, including the attack in Bali, Indonesia, on October 11, 2002, and the attack in Madrid, Spain,
p.(None): on March 11, 2004, traveled across international borders to plan and carry out these attacks.
p.(None): (5) Throughout the 1990s, international terrorists, including those involved in the attack on the
p.(None): World Trade Center on February 26, 1993, the plot to bomb New York City landmarks in 1993, and the
p.(None): millennium plot to bomb Los Angeles International Airport on December 31, 1999, trav- eled on fraudulent passports
p.(None): and often had more than 1 pass- port.
p.(None): (6) Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner.
p.(None): (7) The National Commission on Terrorist Attacks Upon the United States, (commonly referred to as the 9/11
p.(None): Commis- sion), stated that ‘‘Targeting travel is at least as powerful a weapon against terrorists as targeting
p.(None): their money.’’.
p.(None): (b) INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TER-
p.(None): RORIST TRAVEL.—
p.(None): (1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FAL- SIFIED DOCUMENTS.—The President should lead efforts to
p.(None): track and curtail the travel of terrorists by supporting the drafting, adoption, and implementation of
p.(None): international agreements, and relevant United Nations Security Council resolutions to track and stop
p.(None): international travel by terrorists and other criminals through the use of lost, stolen, or falsified documents
p.(None): to aug- ment United Nations and other international anti-terrorism efforts.
p.(None): (2) CONTENTS OF INTERNATIONAL AGREEMENT.—The Presi- dent should seek, as appropriate, the adoption
p.(None): or full implementation of effective international measures to—
p.(None): (A) share information on lost, stolen, and fraudulent passports and other travel documents for the
p.(None): purposes of preventing the undetected travel of persons using such passports and other travel documents
p.(None): that were obtained improperly;
p.(None): (B) establish and implement a real-time verification system of passports and other travel documents
p.(None): with issuing authorities;
p.(None): (C) share with officials at ports of entry in any such country information relating to lost, stolen, and
p.(None): fraudulent passports and other travel documents;
p.(None): (D) encourage countries—
p.(None): (i) to criminalize—
p.(None):
p.(None):
...
General/Other / Other Country
Searching for indicator foreign country:
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p.(None): ‘‘(ii) the term ‘sanctuary’ means an area in the territory of a country—
p.(None): ‘‘(I) that is used by a terrorist or terrorist organization—
p.(None): ‘‘(aa) to carry out terrorist activities, including training, financing, and recruitment; or
p.(None): ‘‘(bb) as a transit point; and
p.(None): ‘‘(II) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards
p.(None): such use of its territory.’’.
p.(None): (2) RULE OF CONSTRUCTION.—Nothing in this subsection or the amendments made by this subsection shall be
p.(None): construed as affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export
p.(None): Administration Act of 1979 with respect to a country prior to the date of enactment of this Act.
p.(None): (3) IMPLEMENTATION.—The President shall implement the amendments made by paragraph (1) by exercising the authori-
p.(None): ties of the President under the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.).
p.(None): (d) AMENDMENTS TO GLOBAL PATTERNS OF TERRORISM REPORT.—
p.(None): (1) IN GENERAL.—Section 140(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
p.(None): U.S.C. 2656f(a)(1)) is amended—
p.(None): (A) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;
p.(None): (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
p.(None): (C) in subparagraph (A)(iii) (as redesignated), by adding ‘‘and’’ at the end; and
p.(None): (D) by adding at the end the following:
p.(None): ‘‘(B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary
p.(None): for terrorists or terrorist organizations;’’.
p.(None): (2) CONTENTS.—Section 140(b) of such Act (22 U.S.C. 2656f(b)) is amended—
p.(None): (A) in paragraph (1)—
p.(None): (i) in the matter preceding subparagraph (A), by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection
p.(None): (a)(1)(A)’’; and
p.(None): (ii) by striking ‘‘and’’ at the end;
p.(None): (B) by redesignating paragraph (2) as paragraph (3);
p.(None): (C) by inserting after paragraph (1) the following: ‘‘(2) with respect to subsection (a)(1)(B)—
p.(None): ‘‘(A) the extent of knowledge by the government of the country with respect to terrorist activities in the
p.(None): terri- tory of the country; and
p.(None): ‘‘(B) the actions by the country—
p.(None): ‘‘(i) to eliminate each terrorist sanctuary in the territory of the country;
p.(None): ‘‘(ii) to cooperate with United States antiterrorism efforts; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC app.
p.(None): 2405 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President. 50 USC app.
p.(None): 2405 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3778 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(iii) to prevent the proliferation of and trafficking in weapons of mass destruction in and through the
p.(None): territory of the country;’’;
p.(None): (D) in paragraph (3), as redesignated, by striking the period at the end and inserting a semicolon; and
p.(None): (E) by inserting after paragraph (3) the following:
p.(None): ‘‘(4) a strategy for addressing, and where possible elimi- nating, terrorist sanctuaries that shall include—
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General/Other / Public Emergency
Searching for indicator emergency:
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p.(None): documents and name-based watchlist systems.
p.(None): Sec. 7206. Immigration security initiative.
p.(None): Sec. 7207. Certification regarding technology for visa waiver participants. Sec. 7208. Biometric entry and exit
p.(None): data system.
p.(None): Sec. 7209. Travel documents.
p.(None): Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.
p.(None): Sec. 7211. Minimum standards for birth certificates.
p.(None): Sec. 7212. Driver’s licenses and personal identification cards. Sec. 7213. Social security cards and numbers.
p.(None): Sec. 7214. Prohibition of the display of social security account numbers on driver’s licenses or motor vehicle
p.(None): registrations.
p.(None): Sec. 7215. Terrorist travel program.
p.(None): Sec. 7216. Increase in penalties for fraud and related activity. Sec. 7217. Study on allegedly lost or stolen
p.(None): passports.
p.(None): Sec. 7218. Establishment of visa and passport security program in the Department of State.
p.(None): Sec. 7219. Effective date.
p.(None): Sec. 7220. Identification standards.
p.(None): Subtitle C—National Preparedness Sec. 7301. The incident command system.
p.(None): Sec. 7302. National capital region mutual aid.
p.(None): Sec. 7303. Enhancement of public safety communications interoperability. Sec. 7304. Regional model strategic plan
p.(None): pilot projects.
p.(None): Sec. 7305. Private sector preparedness.
p.(None): Sec. 7306. Critical infrastructure and readiness assessments.
p.(None): Sec. 7307. Northern command and defense of the United States homeland. Sec. 7308. Effective date.
p.(None): Subtitle D—Homeland Security
p.(None): Sec. 7401. Sense of Congress on first responder funding. Sec. 7402. Coordination of industry efforts.
p.(None): Sec. 7403. Study regarding nationwide emergency notification system.
p.(None): Sec. 7404. Pilot study to move warning systems into the modern digital age. Sec. 7405. Required coordination.
p.(None): Sec. 7406. Emergency preparedness compacts.
p.(None): Sec. 7407. Responsibilities of counternarcotics office.
p.(None): Sec. 7408. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.
p.(None): Subtitle E—Public Safety Spectrum Sec. 7501. Digital television conversion deadline.
p.(None): Sec. 7502. Studies on telecommunications capabilities and requirements.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643
p.(None):
p.(None): Subtitle F—Presidential Transition Sec. 7601. Presidential transition.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing
p.(None): Sec. 7701. Improving international standards and cooperation to fight terrorist fi- nancing.
p.(None): Sec. 7702. Definitions.
p.(None): Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
p.(None): Sec. 7704. Coordination of United States Government efforts.
p.(None): Subtitle H—Emergency Financial Preparedness Sec. 7801. Delegation authority of the Secretary of the Treasury.
p.(None): Sec. 7802. Treasury support for financial services industry preparedness and re- sponse and consumer
p.(None): education.
p.(None): Sec. 7803. Emergency Securities Response Act of 2004. Sec. 7804. Private sector preparedness.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None): Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
p.(None): Subtitle B—Department of Homeland Security Matters Sec. 8201. Homeland security geospatial information.
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection Sec. 8301. Short title.
p.(None): Sec. 8302. Mission of Department of Homeland Security.
p.(None): Sec. 8303. Officer for Civil Rights and Civil Liberties.
p.(None): Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector Gen- eral.
p.(None): Sec. 8305. Privacy officer.
p.(None): Sec. 8306. Protections for human research subjects of the Department of Homeland Security.
p.(None):
p.(None): Subtitle D—Other Matters
p.(None): Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency plan- ning for information security
p.(None): needs.
p.(None): Sec. 8402. Enterprise architecture.
p.(None): Sec. 8403. Financial disclosure and records.
p.(None): Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
p.(None):
p.(None): TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
p.(None): SEC. 1001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘National Security Intelligence Reform Act of 2004’’.
p.(None): Subtitle A—Establishment of Director of National Intelligence
p.(None): SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
...
p.(None): congressional intelligence committees a report containing the decision of the Director as to whether an
p.(None): open-source intelligence center will be established. If the Director decides not to establish an
p.(None): open-source intelligence center, such report shall also contain a description of how the intelligence
p.(None): community will use open-source intelligence and effec- tively integrate open-source intelligence into the
p.(None): national intel- ligence cycle.
p.(None): (d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congressional
p.(None): intelligence committees’’ means—
p.(None): (1) the Select Committee on Intelligence of the Senate;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None):
p.(None): and
p.(None): (2) the Permanent Select Committee on Intelligence of the
p.(None):
p.(None): House of Representatives.
p.(None): SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
p.(None): (a) ESTABLISHMENT.—The Director of National Intelligence may provide for the establishment and training of a National
p.(None): Intelligence Reserve Corps (in this section referred to as ‘‘National Intelligence Reserve Corps’’) for the
p.(None): temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during
p.(None): periods of emergency, as determined by the Director.
p.(None):
p.(None):
p.(None): 50 USC 403–1c.
p.(None):
p.(None):
p.(None): 118 STAT. 3684 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) ELIGIBLE INDIVIDUALS.—An individual may participate in the National Intelligence Reserve Corps only if the
p.(None): individual pre- viously served as a full time employee of an element of the intel- ligence community.
p.(None): (c) TERMS OF PARTICIPATION.—The Director of National Intel- ligence shall prescribe the terms and conditions
p.(None): under which eligible individuals may participate in the National Intelligence Reserve Corps.
p.(None): (d) EXPENSES.—The Director of National Intelligence may provide members of the National
p.(None): Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of
p.(None): participating in any training that relates to service as a member of the Reserve Corps.
p.(None): (e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an annuity from the Civil Service
p.(None): Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall
p.(None): not be discontinued thereby.
p.(None): (2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or
p.(None): 84 of title 5, United States Code.
p.(None): (f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTEL- LIGENCE PERSONNEL CEILING.—A member of the National
p.(None): Intel- ligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not
p.(None): count against any personnel ceiling applicable to the Office of the Director of National Intel- ligence.
...
p.(None): determined by the Director.
p.(None): ‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service shall be limited to individuals who previously
p.(None): served as full-time employees of the Bureau.
p.(None): ‘‘(c) ANNUITANTS.—If an individual receiving an annuity from the Civil Service Retirement and Disability
p.(None): Fund on the basis of such individual’s service becomes temporarily reemployed pursu- ant to this section, such
p.(None): annuity shall not be discontinued thereby.
p.(None):
p.(None):
p.(None): 118 STAT. 3704 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): An individual so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.
p.(None): ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve
p.(None): Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel
p.(None): ceiling applicable to the Bureau.
p.(None): ‘‘(e) EXPENSES.—The Director may provide members of the FBI Reserve Service transportation and per diem in lieu of
p.(None): subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training
p.(None): that relates to service as a member of the FBI Reserve Service.
p.(None): ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members
p.(None): at any given time. ‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may
p.(None): not be reemployed under this section for more than 180 days in connection with any particular emergency
p.(None): unless, in the judgment of the Director, the public interest so requires.’’.
p.(None): (b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 5, United States Code, is amended by adding
p.(None): at the end the fol- lowing:
p.(None): ‘‘SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
p.(None):
p.(None): Applicability. Termination date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None): 28 USC 509 note.
p.(None): SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPA- RATION AGE.
p.(None): (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
...
p.(None): ‘‘(6) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).
p.(None): ‘‘(c) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious
p.(None): bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the
p.(None): use, storage, production, or assembly of any explosive, firearm or other weapon, including
p.(None):
p.(None): Material Support to Terrorism Prohibition Enhancement Act of 2004.
p.(None): 18 USC 2331
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): any weapon of mass destruction (as defined in section 2232a(c)(2));
p.(None): ‘‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365(h)(3);
p.(None): ‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national
p.(None): security, economic security, public health or safety including both regional and national infrastructure.
p.(None): Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and
p.(None): oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical
p.(None): power generation or delivery systems, financing and banking systems, emergency services (including medical, police,
p.(None): fire, and rescue services), and transportation systems and services (including highways, mass transit,
p.(None): airlines, and airports); and
p.(None): ‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist
p.(None): organization under sec- tion 219(a)(1) of the Immigration and Nationality Act.’’.
p.(None): SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUP- PORT TO TERRORISM.
p.(None): (a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended—
p.(None): (1) in section 2332b(g)(5)(B)(i)—
p.(None): (A) by inserting ‘‘1361 (relating to government property or contracts),’’ before ‘‘1362’’; and
p.(None): (B) by inserting ‘‘2156 (relating to national defense material, premises, or utilities),’’ before ‘‘2280’’; and
p.(None): (2) in section 2339A—
p.(None): (A) by striking ‘‘or’’ before ‘‘section 46502’’; and
p.(None): (B) by inserting ‘‘or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and
p.(None): 2339B)’’ after ‘‘section 60123(b) of title 49,’’.
p.(None): (b) DEFINITIONS.—Section 2339A(b) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(b) DEFINITIONS.—As used in this section—
p.(None): ‘‘(1) the term ‘material support or resources’ means any property, tangible or intangible, or service,
p.(None): including currency or monetary instruments or financial securities, financial serv- ices, lodging, training, expert
p.(None): advice or assistance, safehouses, false documentation or identification, communications equip- ment,
...
p.(None): or both; and
p.(None): ‘‘(C) if death results, be fined under this title or impris- oned for any number of years up to life, or both.
p.(None): ‘‘(2) ARMED FORCES.—Any person who makes a false state- ment, with intent to convey false or misleading
p.(None): information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United
p.(None): States during a war or armed conflict in which the United States is engaged—
p.(None): ‘‘(A) shall be fined under this title, imprisoned not more than 5 years, or both;
p.(None): ‘‘(B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or
p.(None): both; and
p.(None): ‘‘(C) if death results, shall be fined under this title, imprisoned for any number of years or for
p.(None): life, or both.
p.(None): ‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with intent to convey false or misleading
p.(None): information under cir- cumstances where such information may reasonably be believed and where such
p.(None): information indicates that an activity has taken, is taking, or will take place that would constitute a
p.(None): violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section
p.(None): 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
p.(None): section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or
p.(None): section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(c) REIMBURSEMENT.—
p.(None): ‘‘(1) IN GENERAL.—The court, in imposing a sentence on a defendant who has been convicted of an
p.(None): offense under sub- section (a), shall order the defendant to reimburse any state or local government, or
p.(None): private not-for-profit organization that provides fire or rescue service incurring expenses incident to any
p.(None): emergency or investigative response to that conduct, for those expenses.
p.(None): ‘‘(2) LIABILITY.—A person ordered to make reimbursement under this subsection shall be jointly and
p.(None): severally liable for such expenses with each other person, if any, who is ordered to make reimbursement
p.(None): under this subsection for the same expenses.
p.(None):
p.(None):
p.(None): 118 STAT. 3766 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(3) CIVIL JUDGMENT.—An order of reimbursement under this subsection shall, for the purposes of enforcement, be
p.(None): treated as a civil judgment.
p.(None): ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not prohibit any lawfully authorized investigative,
p.(None): protective, or intel- ligence activity of a law enforcement agency of the United States, a State, or
p.(None): political subdivision of a State, or of an intelligence agency of the United States.’’.
p.(None): (b) CLERICAL AMENDMENT.—The table of sections as the begin- ning of chapter 47 of title 18, United States
p.(None): Code, is amended by adding after the item for section 1037 the following:
p.(None): ‘‘1038. False information and hoaxes.’’.
p.(None): SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
p.(None): (a) ENHANCED PENALTY.—Section 1001(a) and the third undesignated paragraph of section 1505 of title
p.(None): 18, United States Code, are amended by striking ‘‘be fined under this title or impris- oned not more than 5
p.(None): years, or both’’ and inserting ‘‘be fined under this title, imprisoned not more than 5 years or, if the offense
...
p.(None): (A) by redesignating paragraph (5) as paragraph (6);
p.(None):
p.(None): and
p.(None): (B) by inserting after paragraph (4) the following:
p.(None): ‘‘(5)(A) As used in paragraph (1), the term ‘repeatedly pro- vided support for acts of international terrorism’
p.(None): shall include
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3777
p.(None):
p.(None):
p.(None): the recurring use of any part of the territory of the country as a sanctuary for terrorists or terrorist
p.(None): organizations.
p.(None): ‘‘(B) In this paragraph—
p.(None): ‘‘(i) the term ‘territory of a country’ means the land, waters, and airspace of the country; and
p.(None): ‘‘(ii) the term ‘sanctuary’ means an area in the territory of a country—
p.(None): ‘‘(I) that is used by a terrorist or terrorist organization—
p.(None): ‘‘(aa) to carry out terrorist activities, including training, financing, and recruitment; or
p.(None): ‘‘(bb) as a transit point; and
p.(None): ‘‘(II) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards
p.(None): such use of its territory.’’.
p.(None): (2) RULE OF CONSTRUCTION.—Nothing in this subsection or the amendments made by this subsection shall be
p.(None): construed as affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export
p.(None): Administration Act of 1979 with respect to a country prior to the date of enactment of this Act.
p.(None): (3) IMPLEMENTATION.—The President shall implement the amendments made by paragraph (1) by exercising the authori-
p.(None): ties of the President under the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.).
p.(None): (d) AMENDMENTS TO GLOBAL PATTERNS OF TERRORISM REPORT.—
p.(None): (1) IN GENERAL.—Section 140(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
p.(None): U.S.C. 2656f(a)(1)) is amended—
p.(None): (A) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;
p.(None): (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
p.(None): (C) in subparagraph (A)(iii) (as redesignated), by adding ‘‘and’’ at the end; and
p.(None): (D) by adding at the end the following:
p.(None): ‘‘(B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary
p.(None): for terrorists or terrorist organizations;’’.
p.(None): (2) CONTENTS.—Section 140(b) of such Act (22 U.S.C. 2656f(b)) is amended—
p.(None): (A) in paragraph (1)—
p.(None): (i) in the matter preceding subparagraph (A), by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection
p.(None): (a)(1)(A)’’; and
p.(None): (ii) by striking ‘‘and’’ at the end;
p.(None): (B) by redesignating paragraph (2) as paragraph (3);
p.(None): (C) by inserting after paragraph (1) the following: ‘‘(2) with respect to subsection (a)(1)(B)—
p.(None): ‘‘(A) the extent of knowledge by the government of the country with respect to terrorist activities in the
p.(None): terri- tory of the country; and
p.(None): ‘‘(B) the actions by the country—
p.(None): ‘‘(i) to eliminate each terrorist sanctuary in the territory of the country;
p.(None): ‘‘(ii) to cooperate with United States antiterrorism efforts; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the United States should—
p.(None): (1) help to ensure a promising, stable, and secure future for Pakistan over the long term;
p.(None): (2) provide a comprehensive program of assistance to encourage and enable Pakistan—
p.(None): (A) to continue and improve upon its commitment to combating extremists;
p.(None): (B) to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
p.(None): (C) to continue to make efforts to fully control its territory and borders;
p.(None): (D) to progress toward becoming a more effective and participatory democracy;
p.(None): (E) to participate more vigorously in the global market- place and to continue to modernize its economy;
p.(None): (F) to take all necessary steps to halt the spread of weapons of mass destruction;
p.(None): (G) to improve and expand access to education for all citizens; and
p.(None): (H) to increase the number and level of exchanges between the Pakistani people and the American people;
p.(None): and
p.(None): (3) continue to provide assistance to Pakistan at not less than the overall levels requested by the
p.(None): President for fiscal year 2005.
p.(None): (c) EXTENSION OF PAKISTAN WAIVERS.—The Act entitled ‘‘An Act to authorize the President to exercise
p.(None): waivers of foreign assist- ance restrictions with respect to Pakistan through September 30, 2003, and for
p.(None): other purposes’’, approved October 27, 2001 (Public Law 107–57; 115 Stat. 403), as amended by section
p.(None): 2213 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and
p.(None): Afghanistan, 2004 (Public Law 108– 106; 117 Stat. 1232), is further amended—
p.(None): (1) in section 1(b)—
p.(None): (A) in the heading, by striking ‘‘FISCAL YEAR 2004’’ and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and
p.(None): (B) in paragraph (1), by striking ‘‘2004’’ and inserting ‘‘2005 or 2006’’;
p.(None): (2) in section 3(2), by striking ‘‘and 2004,’’ and inserting ‘‘2004, 2005, and 2006’’; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 403.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 115 Stat. 404.
p.(None): (3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’. 115 Stat. 405.
p.(None):
p.(None):
p.(None): 118 STAT. 3780 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Afghanistan Freedom Support Act Amendments of 2004.
p.(None): 22 USC 7501
p.(None): note.
p.(None): 22 USC 7511
p.(None): note.
p.(None): SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Afghani- stan Freedom Support Act Amendments of 2004’’.
p.(None): (b) COORDINATION OF ASSISTANCE.—
p.(None): (1) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States,
p.(None): Con- gress makes the following findings:
...
p.(None): documentation requirements have previously been waived under section 212(d)(4)(B) of such Act, to
p.(None): carry and produce the documenta- tion described in paragraph (1) when traveling from foreign countries into
p.(None): the United States.
p.(None): (c) TECHNICAL AND CONFORMING AMENDMENTS.—After the com- plete implementation of the plan described in subsection
p.(None): (b)—
p.(None): (1) neither the Secretary of State nor the Secretary of Homeland Security may exercise discretion
p.(None): under section 212(d)(4)(B) of such Act to waive documentary requirements for travel into the United States;
p.(None): and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 8 USC 1185 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3824 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) the President may not exercise discretion under section 215(b) of such Act (8 U.S.C. 1185(b)) to waive
p.(None): documentary requirements for United States citizens departing from or entering, or attempting to
p.(None): depart from or enter, the United States except—
p.(None): (A) where the Secretary of Homeland Security deter- mines that the alternative documentation that is the basis
p.(None): for the waiver of the documentary requirement is sufficient to denote identity and citizenship;
p.(None): (B) in the case of an unforeseen emergency in indi- vidual cases; or
p.(None): (C) in the case of humanitarian or national interest reasons in individual cases.
p.(None): (d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State shall not use any authorities granted under
p.(None): section 212(d)(4)(C) of such Act until the Secretary, in conjunction with the Secretary of Homeland
p.(None): Security, completely implements a security plan to fully ensure secure transit passage areas to prevent
p.(None): aliens pro- ceeding in immediate and continuous transit through the United States from illegally entering the
p.(None): United States.
p.(None): SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED PREINSPECTION AT FOREIGN AIRPORTS.
p.(None):
p.(None): 8 USC 1225a
p.(None): note.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The exchange of terrorist information with other coun- tries, consistent with privacy requirements, along with
p.(None): listings of lost and stolen passports, will have immediate security bene- fits.
p.(None): (2) The further away from the borders of the United States that screening occurs, the more security benefits the
p.(None): United States will gain.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the Federal Government should exchange terrorist information with trusted allies;
p.(None): (2) the Federal Government should move toward real-time verification of passports with issuing authorities;
p.(None): (3) where practicable, the Federal Government should con- duct screening before a passenger departs on a flight
p.(None): destined for the United States;
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (1) IN GENERAL.—If the standards proposed under sub- section (a)(1)(A) are not approved pursuant to the
p.(None): procedures described in subsection (b), then not later than 1 year after rejection by a vote of
p.(None): either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present,
p.(None): for identification purposes—
p.(None): (A) a valid, unexpired passport;
p.(None): (B) domestically issued documents that the Secretary of Homeland Security designates as reliable for
p.(None): identifica- tion purposes;
p.(None): (C) any document issued by the Attorney General or the Secretary of Homeland Security under the
p.(None): authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality
p.(None): Act (8 U.S.C. 1101(a)(17)); or
p.(None): (D) a document issued by the country of nationality of any alien not required to possess a passport
p.(None): for admis- sion to the United States that the Secretary designates as reliable for identifications purposes
p.(None): (2) EXCEPTION.—The documentary requirements described in paragraph (1)—
p.(None): (A) shall not apply to individuals below the age of 17, or such other age as determined by the
p.(None): Secretary of Homeland Security;
p.(None): (B) may be waived by the Secretary of Homeland Secu- rity in the case of an unforeseen medical emergency.
p.(None): (d) RECOMMENDATION TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary
p.(None): of Homeland Security shall recommend to Congress—
p.(None): (1) categories of Federal facilities that the Secretary deter- mines to be at risk for terrorist attack and requiring
p.(None): minimum identification standards for access to such facilities; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3839
p.(None):
p.(None): (2) appropriate minimum identification standards to gain access to those facilities.
p.(None): Subtitle C—National Preparedness
p.(None): SEC. 7301. THE INCIDENT COMMAND SYSTEM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The attacks on September 11, 2001, demonstrated that even the most robust emergency response capabilities
p.(None): can be overwhelmed if an attack is large enough.
p.(None): (2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a
p.(None): terrorist attack.
p.(None): (3) Key decisionmakers who are represented at the incident command level help to ensure an effective response, the
p.(None): efficient use of resources, and responder safety.
p.(None): (4) The incident command system also enables emergency managers and first responders to manage, generate,
p.(None): receive, evaluate, share, and use information.
p.(None): (5) Regular joint training at all levels is essential to ensuring close coordination during an actual
p.(None): incident.
p.(None): (6) In Homeland Security Presidential Directive 5, the President directed the Secretary of Homeland
p.(None): Security to develop an incident command system, to be known as the National Incident Management System
p.(None): (NIMS), and directed all Federal agencies to make the adoption of NIMS a condition for the receipt of Federal
p.(None): emergency preparedness assistance by States, territories, tribes, and local governments beginning in fiscal
p.(None): year 2005.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) the United States needs to implement the recommenda- tions of the National Commission on Terrorist Attacks
p.(None): Upon the United States by adopting a unified incident command system and significantly enhancing
p.(None): communications connectivity between and among all levels of government agen- cies, emergency response providers
p.(None): (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), and other organizations
p.(None): with emergency response capabilities;
p.(None): (2) the unified incident command system should enable emergency managers and first responders to manage,
p.(None): generate, receive, evaluate, share, and use information in the event of a terrorist attack or a significant
p.(None): national disaster;
p.(None): (3) emergency response agencies nationwide should adopt the Incident Command System known as NIMS;
p.(None): (4) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command
p.(None): system based on NIMS;
p.(None): (5) the regular use of, and training in, NIMS by States and, to the extent practicable, territories,
p.(None): tribes, and local governments, should be a condition for receiving Federal preparedness assistance; and
p.(None): (6) the Secretary of Homeland Security should require, as a further condition of receiving homeland security
p.(None): prepared- ness funds from the Office of State and Local Government Coordination and Preparedness, that grant
p.(None): applicants document
p.(None):
p.(None):
p.(None): 118 STAT. 3840 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): measures taken to fully and aggressively implement the Incident Command System and unified command
p.(None): procedures.
p.(None):
p.(None): 42 USC 5196
p.(None): note.
p.(None): SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
p.(None): (a) DEFINITIONS.—In this section:
p.(None): (1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERN- MENT.—The term ‘‘authorized representative of the
p.(None): Federal Government’’ means any individual or individuals designated by the President with respect to the
p.(None): executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate
p.(None): and Speaker of the House of Represent- atives with respect to Congress, or their designees, to request
p.(None): assistance under a mutual aid agreement for an emergency or public service event.
p.(None): (2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating officer’’ means the official designated by law to
p.(None): declare an emergency in and for the locality of that chief operating officer.
p.(None): (3) EMERGENCY.—The term ‘‘emergency’’ means a major disaster or emergency declared by the President, or a
p.(None): state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or
p.(None): the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of
p.(None): a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement.
p.(None): (4) EMPLOYEE.—The term ‘‘employee’’ means the employees of the party, including its agents or authorized
p.(None): volunteers, who are committed in a mutual aid agreement to prepare for or who respond to an emergency
p.(None): or public service event.
p.(None): (5) LOCALITY.—The term ‘‘locality’’ means a county, city, or town within the State of Maryland or the
p.(None): Commonwealth of Virginia and within the National Capital Region.
p.(None): (6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agree- ment’’ means an agreement, authorized under subsection
p.(None): (b), for the provision of police, fire, rescue and other public safety and health or medical services to
p.(None): any party to the agreement during a public service event, an emergency, or pre-planned training event.
p.(None): (7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means
p.(None): the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border
p.(None): abutting that area and any munici- palities therein.
p.(None): (8) PARTY.—The term ‘‘party’’ means the State of Maryland, the Commonwealth of Virginia, the District of
p.(None): Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
p.(None): (9) PUBLIC SERVICE EVENT.—The term ‘‘public service event’’—
p.(None): (A) means any undeclared emergency, incident or situa- tion in preparation for or response to which the mayor
p.(None): of the District of Columbia, an authorized representative of the Federal Government, the Governor of the
p.(None): State of Maryland, the Governor of the Commonwealth of Vir- ginia, or the chief operating officer of a
p.(None): locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual
p.(None): Aid Agreement within the National Capital Region; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841
p.(None):
p.(None): (B) includes Presidential inaugurations, public gath- erings, demonstrations and protests, and law enforcement,
p.(None): fire, rescue, emergency health and medical services, transportation, communications, public
p.(None): works and engineering, mass care, and other support that require human resources, equipment, facilities
p.(None): or services supple- mental to or greater than the requesting jurisdiction can provide.
p.(None): (10) STATE.—The term ‘‘State’’ means the State of Mary- land, the Commonwealth of Virginia, and the
p.(None): District of Columbia.
p.(None): (11) TRAINING.—The term ‘‘training’’ means emergency and public service event-related exercises, testing, or other
p.(None): activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid
p.(None): by National Capital Region jurisdictions during emergencies or public service events, such actions
p.(None): occurring outside actual emergency or public service event periods.
p.(None): (b) MUTUAL AID AUTHORIZED.—
p.(None): (1) IN GENERAL.—The mayor of the District of Columbia, any authorized representative of the Federal
p.(None): Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia,
p.(None): or the chief operating officer of a locality, or their designees, acting within his or her jurisdic- tional
p.(None): purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid
p.(None): agreements with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan
p.(None): Washington Airports Authority, and any other governmental agency or authority for—
p.(None): (A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications,
p.(None): public works and engineering, mass care, and resource support in an emergency or public service event;
p.(None): (B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event;
p.(None): and
p.(None): (C) training for any of the activities described under subparagraphs (A) and (B).
p.(None): (2) FACILITATING LOCALITIES.—The State of Maryland and the Commonwealth of Virginia are encouraged to
p.(None): facilitate the ability of localities to enter into interstate mutual aid agreements in the National Capital
p.(None): Region under this section.
p.(None): (3) APPLICATION AND EFFECT.—This section—
p.(None): (A) does not apply to law enforcement security oper- ations at special events of national significance under
p.(None): sec- tion 3056(e) of title 18, United States Code, or other law enforcement functions of the United States
p.(None): Secret Service;
p.(None): (B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid
p.(None): agree- ments in furtherance of their Federal missions; and
p.(None): (C) does not—
p.(None): (i) preclude any party from entering into supple- mentary Mutual Aid Agreements with fewer than all the
p.(None): parties, or with another party; or
p.(None): (ii) affect any other agreement in effect before the date of enactment of this Act among the States
p.(None):
p.(None):
p.(None): 118 STAT. 3842 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and localities, including the Emergency Management Assistance Compact.
p.(None): (4) RIGHTS DESCRIBED.—Other than as described in this section, the rights and responsibilities of the parties to
p.(None): a mutual aid agreement entered into under this section shall be as described in the mutual aid agreement.
p.(None): (c) DISTRICT OF COLUMBIA.—
p.(None): (1) IN GENERAL.—The District of Columbia may purchase liability and indemnification insurance or become
p.(None): self insured against claims arising under a mutual aid agreement author- ized under this section.
p.(None): (2) AUTHORIZATION OF APPROPRIATIONS.—There are author- ized to be appropriated such sums as may be necessary
p.(None): to carry out paragraph (1).
p.(None): (d) LIABILITY AND ACTIONS AT LAW.—
p.(None): (1) IN GENERAL.—Any responding party or its officers or employees rendering aid or failing to render aid to the
p.(None): District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a
p.(None): locality, under a mutual aid agreement authorized under this section, and any party or its officers or
p.(None): employees engaged in training activities with another party under such a mutual aid agreement, shall be
p.(None): liable on account of any act or omission of its officers or employees while so engaged or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent
p.(None): permitted under the laws and procedures of the State of the party rendering aid.
p.(None): (2) ACTIONS.—Any action brought against a party or its officers or employees on account of an act or
p.(None): omission in the rendering of aid to the District of Columbia, the Federal Government, the State
p.(None): of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account
p.(None): of the maintenance or use of any related equipment, facilities, or supplies may be brought only under
p.(None): the laws and procedures of the State of the party rendering aid and only in the Federal or State
p.(None): courts located therein. Actions against the United States under this section may be brought only in Federal
p.(None): courts.
p.(None): (3) IMMUNITIES.—This section shall not abrogate any other immunities from liability that any party has under
p.(None): any other Federal or State law.
p.(None): (e) WORKERS COMPENSATION.—
p.(None): (1) COMPENSATION.—Each party shall provide for the pay- ment of compensation and death benefits to injured
p.(None): members of the emergency forces of that party and representatives of deceased members of such forces if
p.(None): such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal
p.(None): Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid
p.(None): agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same
p.(None): terms as if the injury or death were sustained within their own jurisdiction.
p.(None): (2) OTHER STATE LAW.—No party shall be liable under the law of any State other than its own for
p.(None): providing for the payment of compensation and death benefits to injured
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3843
p.(None):
p.(None):
p.(None): members of the emergency forces of that party and representa- tives of deceased members of such forces if such
p.(None): members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government,
p.(None): the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged
p.(None): in training activities under a mutual aid agreement.
p.(None): (f) LICENSES AND PERMITS.—If any person holds a license, cer- tificate, or other permit issued by any responding party
p.(None): evidencing the meeting of qualifications for professional, mechanical, or other skills and assistance is
p.(None): requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by
p.(None): the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency
p.(None): or training for any such events.
p.(None): SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
p.(None): (a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMU-
p.(None): NICATIONS PROGRAMS.—
p.(None): (1) PROGRAM.—The Secretary of Homeland Security, in con- sultation with the Secretary of Commerce and the
p.(None): Chairman of the Federal Communications Commission, shall establish a program to enhance public safety
p.(None): interoperable communica- tions at all levels of government. Such program shall—
p.(None): (A) establish a comprehensive national approach to achieving public safety interoperable communications;
p.(None): (B) coordinate with other Federal agencies in carrying out subparagraph (A);
p.(None): (C) develop, in consultation with other appropriate Fed- eral agencies and State and local authorities,
p.(None): appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety
p.(None): agencies;
p.(None): (D) accelerate, in consultation with other Federal agen- cies, including the National Institute of Standards and
p.(None): Technology, the private sector, and nationally recognized standards organizations as appropriate, the
p.(None): development of national voluntary consensus standards for public safety interoperable communications, recognizing—
p.(None): (i) the value, life cycle, and technical capabilities of existing communications infrastructure;
p.(None): (ii) the need for cross-border interoperability between States and nations;
p.(None): (iii) the unique needs of small, rural communities;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194.
p.(None):
p.(None): and
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p.(None): report to the Congress on Department of Homeland Security plans for accelerating the development of
p.(None): national voluntary consensus standards for public safety interoperable communications, a schedule of
p.(None): milestones for such development, and achievements of such development.
p.(None):
p.(None): Deadline. President. Canada. Mexico.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 321.
p.(None): (c) INTERNATIONAL INTEROPERABILITY.—Not later than 18 months after the date of enactment of this
p.(None): Act, the President shall establish a mechanism for coordinating cross-border interoper- ability issues between—
p.(None): (1) the United States and Canada; and
p.(None): (2) the United States and Mexico.
p.(None): (d) HIGH RISK AREA COMMUNICATIONS CAPABILITIES.—Title V of the Homeland Security Act of 2002 (6 U.S.C.
p.(None): 311 et seq.) is amended by adding at the end the following:
p.(None): ‘‘SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
p.(None): ‘‘(a) IN GENERAL.—The Secretary, in consultation with the Fed- eral Communications Commission and the Secretary
p.(None): of Defense, and with appropriate governors, mayors, and other State and local
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3845
p.(None):
p.(None):
p.(None): government officials, shall provide technical guidance, training, and other assistance, as appropriate, to support the
p.(None): rapid establishment of consistent, secure, and effective interoperable communications capabilities in the event
p.(None): of an emergency in urban and other areas determined by the Secretary to be at consistently high levels of
p.(None): risk from terrorist attack.
p.(None): ‘‘(b) MINIMUM CAPABILITIES.—The interoperable communica- tions capabilities established under subsection (a)
p.(None): shall ensure the ability of all levels of government agencies, emergency response providers (as defined in
p.(None): section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), and other organizations with emergency
p.(None): response capabilities—
p.(None): ‘‘(1) to communicate with each other in the event of an emergency; and
p.(None): ‘‘(2) to have appropriate and timely access to the Informa- tion Sharing Environment described in section 1016
p.(None): of the National Security Intelligence Reform Act of 2004.’’.
p.(None): (e) MULTIYEAR INTEROPERABILITY GRANTS.—
p.(None): (1) MULTIYEAR COMMITMENTS.—In awarding grants to any State, region, local government, or Indian tribe for the purposes
p.(None): of enhancing interoperable communications capabilities for emergency response providers, the Secretary
p.(None): may commit to obligate Federal assistance beyond the current fiscal year, sub- ject to the limitations and
p.(None): restrictions in this subsection.
p.(None): (2) RESTRICTIONS.—
p.(None): (A) TIME LIMIT.—No multiyear interoperability commit- ment may exceed 3 years in duration.
p.(None): (B) AMOUNT OF COMMITTED FUNDS.—The total amount of assistance the Secretary has committed to obligate for
p.(None): any future fiscal year under paragraph (1) may not exceed
p.(None): $150,000,000.
p.(None): (3) LETTERS OF INTENT.—
p.(None): (A) ISSUANCE.—Pursuant to paragraph (1), the Sec- retary may issue a letter of intent to an applicant commit-
p.(None): ting to obligate from future budget authority an amount, not more than the Federal Government’s share of
p.(None): the project’s cost, for an interoperability communications project (including interest costs and costs
p.(None): of formulating the project).
p.(None): (B) SCHEDULE.—A letter of intent under this paragraph shall establish a schedule under which the Secretary will
p.(None): reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become
p.(None): available, if the applicant, after the Secretary issues the letter, carries out the project before receiving
p.(None): amounts under a grant issued by the Secretary.
p.(None): (C) NOTICE TO SECRETARY.—An applicant that is issued a letter of intent under this subsection shall
p.(None): notify the Secretary of the applicant’s intent to carry out a project pursuant to the letter before the
p.(None): project begins.
p.(None): (D) NOTICE TO CONGRESS.—The Secretary shall transmit a written notification to the Congress no
p.(None): later than 3 days before the issuance of a letter of intent under this section.
p.(None): (E) LIMITATIONS.—A letter of intent issued under this section is not an obligation of the Government under
p.(None): section 1501 of title 31, United States Code, and is not deemed
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None): 118 STAT. 3846 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): to be an administrative commitment for financing. An obligation or administrative commitment may be made only as
p.(None): amounts are provided in authorization and appropria- tions laws.
p.(None): (F) STATUTORY CONSTRUCTION.—Nothing in this sub- section shall be construed—
p.(None): (i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same
p.(None): fiscal year as the letter of intent is issued; or
p.(None): (ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not
p.(None): provided pursuant to a commitment under this sub- section.
p.(None): (f) INTEROPERABLE COMMUNICATIONS PLANS.—Any applicant requesting funding assistance from the Secretary for
p.(None): interoperable communications for emergency response providers shall submit an Interoperable Communications
p.(None): Plan to the Secretary for approval. Such a plan shall—
p.(None): (1) describe the current state of communications interoper- ability in the applicable jurisdictions among
p.(None): Federal, State, and local emergency response providers and other relevant private resources;
p.(None): (2) describe the available and planned use of public safety frequency spectrum and resources for interoperable
p.(None): communica- tions within such jurisdictions;
p.(None): (3) describe how the planned use of spectrum and resources for interoperable communications is compatible
p.(None): with sur- rounding capabilities and interoperable communications plans of Federal, State, and local
p.(None): governmental entities, military installations, foreign governments, critical infrastructure, and other relevant
p.(None): entities;
p.(None): (4) include a 5-year plan for the dedication of Federal, State, and local government and private
p.(None): resources to achieve a consistent, secure, and effective interoperable communications system, including planning,
p.(None): system design and engineering, testing and technology development, procurement and installa- tion, training, and
p.(None): operations and maintenance; and
p.(None): (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements
p.(None): established by the Secretary.
p.(None): (g) DEFINITIONS.—In this section:
p.(None): (1) INTEROPERABLE COMMUNICATIONS.—The term ‘‘inter- operable communications’’ means the ability of
p.(None): emergency response providers and relevant Federal, State, and local government agencies to communicate
p.(None): with each other as nec- essary, through a dedicated public safety network utilizing information technology
p.(None): systems and radio communications sys- tems, and to exchange voice, data, or video with one another on demand,
p.(None): in real time, as necessary.
p.(None): (2) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emer- gency response providers’’ has the meaning that term has
p.(None): under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
p.(None): (h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE COMMUNICATIONS.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3847
p.(None):
p.(None):
p.(None): (1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.—Section 502(7) of the Homeland Security Act of
p.(None): 2002 (6 U.S.C. 312(7)) is amended—
p.(None): (A) by striking ‘‘developing comprehensive programs for developing interoperative communications technology,
p.(None): and’’; and
p.(None): (B) by striking ‘‘such’’ and inserting ‘‘interoperable communications’’.
p.(None): (2) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 430(c) of such Act (6 U.S.C. 238(c)) is amended—
p.(None): (A) in paragraph (7) by striking ‘‘and’’ after the semi- colon;
p.(None): (B) in paragraph (8) by striking the period and inserting ‘‘; and’’; and
p.(None): (C) by adding at the end the following:
p.(None): ‘‘(9) helping to ensure the acquisition of interoperable communication technology by State and local
p.(None): governments and emergency response providers.’’.
p.(None): (i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMU-
p.(None): NICATIONS.—
p.(None): (1) FINDING.—The Congress finds that—
p.(None): (A) many first responders working in the same jurisdic- tion or in different jurisdictions cannot effectively and effi-
p.(None): ciently communicate with one another; and
p.(None): (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and
p.(None): property.
p.(None): (2) SENSE OF CONGRESS.—It is the sense of Congress that interoperable emergency communications systems and
p.(None): radios should continue to be deployed as soon as practicable for use by the first responder community, and
p.(None): that upgraded and new digital communications systems and new digital radios must meet prevailing national,
p.(None): voluntary consensus standards for interoperability.
p.(None): SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
p.(None): (a) PILOT PROJECTS.—Consistent with sections 302 and 430 of the Homeland Security Act of 2002 (6
p.(None): U.S.C. 182, 238), not later than 90 days after the date of enactment of this Act, the Secretary of
p.(None): Homeland Security shall establish not fewer than
p.(None): 2 pilot projects in high threat urban areas or regions that are likely to implement a national model
p.(None): strategic plan.
p.(None): (b) PURPOSES.—The purposes of the pilot projects required by this section shall be to develop a regional
p.(None): strategic plan to foster interagency communication in the area in which it is established and coordinate
p.(None): the gathering of all Federal, State, and local first responders in that area, consistent with the national
p.(None): strategic plan developed by the Department of Homeland Security.
p.(None): (c) SELECTION CRITERIA.—In selecting urban areas for the loca- tion of pilot projects under this section,
p.(None): the Secretary shall consider—
p.(None): (1) the level of risk to the area, as determined by the Department of Homeland Security;
p.(None): (2) the number of Federal, State, and local law enforcement agencies located in the area;
p.(None): (3) the number of potential victims from a large scale terrorist attack in the area; and
...
p.(None): examining relevant standards, equipment, and protocols in order to improve interagency communication
p.(None): among first responders.
p.(None): (e) REPORTS TO CONGRESS.—The Secretary of Homeland Secu- rity shall submit to Congress—
p.(None): (1) an interim report regarding the progress of the inter- agency communications pilot projects required
p.(None): by this section 6 months after the date of enactment of this Act; and
p.(None): (2) a final report 18 months after that date of enactment.
p.(None): (f) FUNDING.—There are authorized to be made available to the Secretary of Homeland Security, such sums as may
p.(None): be necessary to carry out this section.
p.(None): SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Private sector organizations own 85 percent of the Nation’s critical infrastructure and employ the
p.(None): vast majority of the Nation’s workers.
p.(None): (2) Preparedness in the private sector and public sector for rescue, restart and recovery of operations
p.(None): should include, as appropriate—
p.(None): (A) a plan for evacuation;
p.(None): (B) adequate communications capabilities; and
p.(None): (C) a plan for continuity of operations.
p.(None): (3) The American National Standards Institute rec- ommends a voluntary national preparedness standard
p.(None): for the private sector based on the existing American National Standard on Disaster/Emergency
p.(None): Management and Business Continuity Programs (NFPA 1600), with appropriate modifica- tions. This standard
p.(None): establishes a common set of criteria and terminology for preparedness, disaster management, emergency management,
p.(None): and business continuity programs.
p.(None): (4) The mandate of the Department of Homeland Security extends to working with the private sector, as well as
p.(None): govern- ment entities.
p.(None): (b) SENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS.— It is the sense of Congress that the Secretary of Homeland
p.(None): Security should promote, where appropriate, the adoption of voluntary national preparedness standards
p.(None): such as the private sector preparedness standard developed by the American National Stand- ards Institute and
p.(None): based on the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business
p.(None): Continuity Programs.
p.(None): SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESS- MENTS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Under section 201 of the Homeland Security Act of 2002 (6 U.S.C 121), the Department of Homeland
p.(None): Security, through the Under Secretary for Information Analysis and Infrastructure Protection, has the
p.(None): responsibility—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3849
p.(None):
p.(None):
p.(None): (A) to carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastruc-
p.(None): ture of the United States, including the performance of risk assessments to determine the risks posed by
p.(None): particular types of terrorist attacks within the United States;
p.(None): (B) to identify priorities for protective and supportive measures; and
p.(None): (C) to develop a comprehensive national plan for securing the key resources and critical
p.(None): infrastructure of the United States.
p.(None): (2) Under Homeland Security Presidential Directive 7, issued on December 17, 2003, the Secretary of
p.(None): Homeland Secu- rity was given 1 year to develop a comprehensive plan to identify, prioritize, and
p.(None): coordinate the protection of critical infrastructure and key resources.
p.(None): (3) The report of the National Commission on Terrorist Attacks Upon the United States recommended that
p.(None): the Sec- retary of Homeland Security should—
...
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 194 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3850 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
p.(None): Section 102(f) of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 112(f)) is amended—
p.(None): (1) in paragraph (6), by striking ‘‘and’’ at the end;
p.(None): (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and
p.(None): (3) by adding at the end the following:
p.(None): ‘‘(8) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to
p.(None): identify private sector resources and capabilities that could be effective in supplementing Federal, State,
p.(None): and local government agency efforts to prevent or respond to a terrorist attack;
p.(None): ‘‘(9) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary
p.(None): for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and
p.(None): ‘‘(10) consulting with the Office of State and Local Govern- ment Coordination and Preparedness on all matters of
p.(None): concern to the private sector, including the tourism industry.’’.
p.(None): SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICA- TION SYSTEM.
p.(None): (a) STUDY.—The Secretary of Homeland Security, in coordina- tion with the Chairman of the Federal
p.(None): Communications Commis- sion, and in consultation with the heads of other appropriate Fed- eral agencies
p.(None): and representatives of providers and participants in the telecommunications industry, shall conduct a study to
p.(None): deter- mine whether it is cost-effective, efficient, and feasible to establish and implement an emergency
p.(None): telephonic alert notification system that will—
p.(None): (1) alert persons in the United States of imminent or cur- rent hazardous events caused by acts of terrorism; and
p.(None): (2) provide information to individuals regarding appropriate measures that may be undertaken to alleviate or
p.(None): minimize threats to their safety and welfare posed by such events.
p.(None): (b) TECHNOLOGIES TO CONSIDER.—In conducting the study, the Secretary shall consider the use of the telephone, wireless
p.(None): commu- nications, and other existing communications networks to provide such notification.
p.(None): (c) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary shall
p.(None): submit to Congress a report regarding the conclusions of the study.
p.(None): SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE.
p.(None): (a) PILOT STUDY.—The Secretary of Homeland Security, from funds made available for improving the national
p.(None): system to notify the general public in the event of a terrorist attack, and in consulta- tion with the Attorney
p.(None): General, the Secretary of Transportation, the heads of other appropriate Federal agencies, the
p.(None): National Association of State Chief Information Officers, and other stake- holders with respect to public
p.(None): warning systems, shall conduct a pilot study under which the Secretary of Homeland Security may issue
p.(None): public warnings regarding threats to homeland security using a warning system that is similar to the AMBER Alert
p.(None): communica- tions network.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3851
p.(None):
p.(None):
p.(None): (b) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary of Homeland
p.(None): Security shall submit to Congress a report regarding the findings, conclusions, and rec- ommendations of the
p.(None): pilot study.
p.(None): (c) PROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds derived from the Highway Trust Fund may be transferred
p.(None): to, made available to, or obligated by the Secretary of Homeland Security to carry out this section.
p.(None): SEC. 7405. REQUIRED COORDINATION.
p.(None): The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of
p.(None): Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and
p.(None): emergencies among the divisions of the Department of Homeland Security, including the Directorate of
p.(None): Emergency Preparedness and Response and the Office for State and Local Government Coordination and
p.(None): Preparedness.
p.(None): SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
p.(None): Section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)) is
p.(None): amended—
p.(None): (1) by redesignating paragraphs (1), (2), and (3) as para- graphs (2), (3), and (4), respectively;
p.(None): (2) by indenting paragraph (2) (as so redesignated); and
p.(None): (3) by striking the subsection designation and heading and inserting the following:
p.(None): ‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Director
p.(None): shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emer- gencies throughout the Nation, by—
p.(None): ‘‘(A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism,
p.(None): disasters, and emergencies at the State and local levels of government;
p.(None): ‘‘(B) disseminating to State and local governments examples of best practices in the development of emergency
p.(None): preparedness compacts and models of existing emergency preparedness com- pacts, including agreements involving
p.(None): interstate jurisdictions; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 112 note.
p.(None):
p.(None): ‘‘(C) completing an inventory of Federal response capabili- ties for acts of terrorism, disasters, and
p.(None): emergencies, making such inventory available to appropriate Federal, State, and local government officials,
p.(None): and ensuring that such inventory is as current and accurate as practicable.’’.
p.(None): SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
p.(None): (a) AMENDMENT.—Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
p.(None): ‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
p.(None): ‘‘(a) OFFICE.—There is established in the Department an Office of Counternarcotics Enforcement, which shall
p.(None): be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
p.(None): ‘‘(b) ASSIGNMENT OF PERSONNEL.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary shall assign permanent staff to the Office, consistent with effective
p.(None): management of Department resources.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. President.
p.(None): Congress.
p.(None):
p.(None):
p.(None): 118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(2) LIAISONS.—The Secretary shall designate senior employees from each appropriate subdivision of the
...
p.(None): (6) While proposals to require broadcasters to return, on a date certain, the spectrum earmarked for future
p.(None): public safety use may improve the ability of public safety entities to begin planning for use of this
p.(None): spectrum, such proposals have certain deficiencies. The proposals would require the dislocation of up to 75
p.(None): broadcast stations, which also serve a critical public safety function by broadcasting weather, traffic,
p.(None): disaster, and other safety alerts. Such disparate treatment of broadcasters would be unfair to the
p.(None): broadcasters and their respective viewers. Requiring the return of all analog broadcast spectrum by a date
p.(None): certain would have the benefit of addressing the digital television transition in a comprehensive fashion
p.(None): that treats all broadcasters and viewers equally, while freeing spec- trum for advanced commercial services.
p.(None): (7) The Federal Communications Commission should con- sider all regulatory means available to expedite the
p.(None): return of the analog spectrum.
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that—
p.(None): (1) Congress must act to pass legislation in the first session of the 109th Congress that establishes a
p.(None): comprehensive approach to the timely return of analog broadcast spectrum as early as December 31, 2006; and
p.(None): (2) any delay in the adoption of the legislation described in paragraph (1) will delay the ability of
p.(None): public safety entities to begin planning to use this needed spectrum.
p.(None): SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
p.(None): (a) ALLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE PRO- VIDERS.—The Federal Communications Commission shall, in
p.(None): con- sultation with the Secretary of Homeland Security and the National Telecommunications and Information
p.(None): Administration, conduct a
p.(None):
p.(None):
p.(None): 118 STAT. 3856 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): study to assess short-term and long-term needs for allocations of additional portions of the
p.(None): electromagnetic spectrum for Federal, State, and local emergency response providers, including whether or
p.(None): not an additional allocation of spectrum in the 700 megahertz band should be granted by Congress to
p.(None): such emergency response providers.
p.(None): (b) STRATEGIES TO MEET PUBLIC SAFETY TELECOMMUNICATIONS REQUIREMENTS.—The Secretary of Homeland Security shall, in
p.(None): con- sultation with the Federal Communications Commission and the National Telecommunications and Information
p.(None): Administration, con- duct a study to assess strategies that may be used to meet public safety
p.(None): telecommunications needs, including—
p.(None): (1) the need and efficacy of deploying nationwide interoper- able communications networks (including the potential
p.(None): tech- nical and operational standards and protocols for nationwide interoperable broadband mobile
p.(None): communications networks that may be used by Federal, State, regional, and local governmental and nongovernmental
p.(None): public safety, homeland security, and other emergency response personnel);
p.(None): (2) the capacity of public safety entities to utilize wireless broadband applications; and
p.(None): (3) the communications capabilities of all emergency response providers, including hospitals and health
p.(None): care workers, and current efforts to promote communications coordination and training among emergency response
p.(None): providers.
p.(None): (c) STUDY REQUIREMENTS.—In conducting the studies required by subsections (a) and (b), the Secretary
p.(None): of Homeland Security and the Federal Communications Commission shall—
p.(None): (1) seek input from Federal, State, local, and regional emer- gency response providers regarding the operation and
p.(None): adminis- tration of a potential nationwide interoperable broadband mobile communications network; and
p.(None): (2) consider the use of commercial wireless technologies to the greatest extent practicable.
p.(None): (d) REPORTS.—(1) Not later than one year after the date of enactment of this Act, the Federal
p.(None): Communications Commission (in the case of the study required by subsection (a)) and the Sec- retary of
p.(None): Homeland Security (in the case of the study required by subsection (b)) shall submit to the appropriate
p.(None): committees of Congress a report on such study, including the findings of such study.
p.(None): (2) In this subsection, the term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Committee on Commerce, Science, and Transpor- tation and the Committee on Homeland Security and
p.(None): Govern- mental Affairs of the Senate; and
p.(None): (B) the Committee on Energy and Commerce and the Select Committee on Homeland Security of the House of Representa-
p.(None): tives.
p.(None): Subtitle F—Presidential Transition
p.(None): SEC. 7601. PRESIDENTIAL TRANSITION.
p.(None): (a) SERVICES PROVIDED PRESIDENT-ELECT.—Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note)
p.(None): is amended—
p.(None): (1) by adding after subsection (a)(8)(A)(iv) the following:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3857
p.(None):
p.(None):
...
p.(None): pro- grams, and other regular reviews of country progress;
p.(None): ‘‘(D) ensure that effective AML and CFT regimes are considered to be indispensable elements of sound financial
p.(None): systems; and
p.(None): ‘‘(E) emphasize the importance of sound AML and CFT regimes to global growth and development.’’.
p.(None): (b) TESTIMONY.—Section 1705(b) of the International Financial Institutions Act (22 U.S.C. 262r–4(b)) is amended—
p.(None): (1) in paragraph (2), by striking ‘‘and’’ at the end;
p.(None): (2) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (3) by adding at the end the following:
p.(None): ‘‘(4) the status of implementation of international anti- money laundering and counterterrorist financing
p.(None): standards by the International Monetary Fund, the multilateral development banks, and other multilateral financial
p.(None): policymaking bodies.’’.
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
p.(None): The Secretary of the Treasury, or the designee of the Secretary, as the lead United States Government official
p.(None): to the Financial Action Task Force (FATF), shall continue to convene the interagency United States Government FATF
p.(None): working group. This group, which includes representatives from all relevant Federal agencies, shall meet at
p.(None): least once a year to advise the Secretary on policies to be pursued by the United States regarding the
p.(None): development of common international AML and CFT standards, to assess the ade- quacy and implementation of such
p.(None): standards, and to recommend to the Secretary improved or new standards, as necessary.
p.(None):
p.(None): Subtitle H—Emergency Financial Preparedness
p.(None): SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
p.(None): Section 306(d) of title 31, United States Code, is amended by inserting ‘‘or employee’’ after ‘‘another
p.(None): officer’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3861
p.(None):
p.(None): SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDU- CATION.
p.(None): (a) FINDINGS.—Congress finds that the Secretary of the Treasury—
p.(None): (1) has successfully communicated and coordinated with the private-sector financial services industry about
p.(None): financial infrastructure preparedness and response issues;
p.(None): (2) has successfully reached out to State and local govern- ments and regional public-private partnerships,
p.(None): such as ChicagoFIRST, that protect employees and critical infrastruc- ture by enhancing communication and
p.(None): coordinating plans for disaster preparedness and business continuity; and
p.(None): (3) has set an example for the Department of Homeland Security and other Federal agency partners,
p.(None): whose active participation is vital to the overall success of the activities described in paragraphs (1) and
p.(None): (2).
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury, in consultation
p.(None): with the Secretary of Homeland Security, other Federal agency partners, and private- sector financial organization
p.(None): partners, should—
...
p.(None): finan- cial services industry about domestic counterterrorist financing activities, particularly about—
p.(None): (A) how the public and private sector organizations involved in such activities can combat terrorism
p.(None): while protecting and preserving the lives and civil liberties of consumers and employees of the financial
p.(None): services industry; and
p.(None):
p.(None): (B) how the consumers and employees of the financial
p.(None): services industry can assist the public and private sector organizations involved in such activities; and
p.(None): (2) submit annual reports to Congress on efforts to accom- plish subparagraphs (A) and (B) of paragraph (1).
p.(None): (c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.—Before the end of the 6-month period beginning on the date of
p.(None): enactment of this Act, the Secretary of the Treasury shall submit a report to the Committee on Financial
p.(None): Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the
p.(None): Senate containing—
p.(None): (1) information on the efforts that the Department of the Treasury has made to encourage the formation of
p.(None): public-private partnerships to protect critical financial infrastructure and the type of support that the
p.(None): Department has provided to such partnerships; and
p.(None): (2) recommendations for administrative or legislative action regarding such partnerships, as the Secretary may
p.(None): determine to be appropriate.
p.(None): SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Emergency Securities Response Act of 2004’’.
p.(None): (b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECU-
p.(None): RITIES AND EXCHANGE COMMISSION.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Emergency Securities Response Act of 2004.
p.(None): 15 USC 78a note.
p.(None):
p.(None):
p.(None): 118 STAT. 3862 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) EXTENSION OF AUTHORITY.—Section 12(k)(2) of the Secu- rities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is
p.(None): amended to read as follows:
p.(None): ‘‘(2) EMERGENCY ORDERS.—
p.(None): ‘‘(A) IN GENERAL.—The Commission, in an emergency, may by order summarily take such action to alter, supple- ment,
p.(None): suspend, or impose requirements or restrictions with respect to any matter or action subject to regulation by
p.(None): the Commission or a self-regulatory organization under the securities laws, as the Commission determines
p.(None): is nec- essary in the public interest and for the protection of investors—
p.(None): ‘‘(i) to maintain or restore fair and orderly securi- ties markets (other than markets in exempted securi-
p.(None): ties);
p.(None): ‘‘(ii) to ensure prompt, accurate, and safe clearance and settlement of transactions in securities (other than exempted
p.(None): securities); or
p.(None): ‘‘(iii) to reduce, eliminate, or prevent the substan- tial disruption by the emergency of—
p.(None): ‘‘(I) securities markets (other than markets in exempted securities), investment companies, or any other
p.(None): significant portion or segment of such markets; or
p.(None): ‘‘(II) the transmission or processing of securi- ties transactions (other than transactions in exempted
p.(None): securities).
p.(None): ‘‘(B) EFFECTIVE PERIOD.—An order of the Commission under this paragraph shall continue in effect for the period
p.(None): specified by the Commission, and may be extended. Except as provided in subparagraph (C), an order of the Commis- sion
p.(None): under this paragraph may not continue in effect for more than 10 business days, including extensions.
p.(None): ‘‘(C) EXTENSION.—An order of the Commission under this paragraph may be extended to continue in effect
p.(None): for more than 10 business days if, at the time of the extension, the Commission finds that the emergency still
p.(None): exists and determines that the continuation of the order beyond 10 business days is necessary in the
p.(None): public interest and for the protection of investors to attain an objective described in clause (i), (ii), or
p.(None): (iii) of subparagraph (A). In no event shall an order of the Commission under this paragraph continue in
p.(None): effect for more than 30 calendar days.
p.(None): ‘‘(D) SECURITY FUTURES.—If the actions described in subparagraph (A) involve a security futures product,
p.(None): the Commission shall consult with and consider the views of the Commodity Futures Trading Commission.
p.(None): ‘‘(E) EXEMPTION.—In exercising its authority under this paragraph, the Commission shall not be required to comply with
p.(None): the provisions of—
p.(None): ‘‘(i) section 19(c); or
p.(None): ‘‘(ii) section 553 of title 5, United States Code.’’.
p.(None): (c) CONSULTATION; DEFINITION OF EMERGENCY.—Section 12(k)(6) of the Securities Exchange Act of 1934 (15
p.(None): U.S.C. 78l(k)(6)) is amended to read as follows:
p.(None): ‘‘(6) CONSULTATION.—Prior to taking any action described in paragraph (1)(B), the Commission shall
p.(None): consult with and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3863
p.(None):
p.(None): consider the views of the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and
p.(None): the Com- modity Futures Trading Commission, unless such consultation is impracticable in light of the emergency.
p.(None): ‘‘(7) DEFINITIONS.—For purposes of this subsection— ‘‘(A) the term ‘emergency’ means—
p.(None): ‘‘(i) a major market disturbance characterized by or constituting—
p.(None): ‘‘(I) sudden and excessive fluctuations of secu- rities prices generally, or a substantial threat thereof,
p.(None): that threaten fair and orderly markets; or
p.(None): ‘‘(II) a substantial disruption of the safe or efficient operation of the national system for clear- ance and
p.(None): settlement of transactions in securities, or a substantial threat thereof; or
p.(None): ‘‘(ii) a major disturbance that substantially dis- rupts, or threatens to substantially disrupt—
p.(None): ‘‘(I) the functioning of securities markets, investment companies, or any other significant portion
p.(None): or segment of the securities markets; or ‘‘(II) the transmission or processing of securi-
p.(None): ties transactions; and
p.(None): ‘‘(B) notwithstanding section 3(a)(47), the term ‘securi- ties laws’ does not include the Public Utility Holding Com-
p.(None): pany Act of 1935.’’.
p.(None): (d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO GOVERNMENT SECURITIES.—Section
p.(None): 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amended by adding at the end the following:
p.(None): ‘‘(h) EMERGENCY AUTHORITY.—The Secretary may, by order, take any action with respect to a matter or action
p.(None): subject to regula- tion by the Secretary under this section, or the rules of the Secretary under this section,
p.(None): involving a government security or a market therein (or significant portion or segment of that market),
p.(None): that the Commission may take under section 12(k)(2) with respect to transactions in securities (other than
p.(None): exempted securities) or a market therein (or significant portion or segment of that market).’’.
p.(None): (e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM RESILIENCE RECOMMENDATIONS.—
p.(None): (1) REPORT REQUIRED.—Not later than April 30, 2006, the Board of Governors of the Federal Reserve System, the
p.(None): Comp- troller of the Currency, and the Securities and Exchange Commission shall prepare and submit
p.(None): to the Committee on Financial Services of the House of Representatives and the Committee on Banking,
p.(None): Housing, and Urban Affairs of the Senate a joint report on the efforts of the private sector to
p.(None): implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial
p.(None): System.
p.(None): (2) CONTENTS OF REPORT.—The report required by para- graph (1) shall—
p.(None): (A) examine the efforts to date of private sector finan- cial services firms covered by the Interagency Paper
p.(None): to implement enhanced business continuity plans;
p.(None): (B) examine the extent to which the implementation of such business continuity plans has been done in a
p.(None): geo- graphically dispersed manner, including an analysis of the
p.(None):
p.(None):
...
p.(None): roles in critical financial markets than those covered by the Interagency Paper; and
p.(None): (D) recommend legislative and regulatory changes that will—
p.(None): (i) expedite the effective implementation of the Interagency Paper by all covered financial services
p.(None): entities; and
p.(None): (ii) optimize the effective implementation of busi- ness continuity planning by the financial
p.(None): services industry.
p.(None): (3) CONFIDENTIALITY.—Any information provided to the Board of Governors of the Federal Reserve System, the Comp-
p.(None): troller of the Currency, or the Securities and Exchange Commis- sion for the purposes of the preparation and
p.(None): submission of the report required by paragraph (1) shall be treated as privi- leged and confidential. For purposes
p.(None): of section 552 of title 5, United States Code, this subsection shall be considered a statute described
p.(None): in subsection (b)(3)(B) of that section 552.
p.(None): (4) DEFINITION.—As used in this subsection, the terms ‘‘Interagency Paper on Sound Practices to Strengthen the
p.(None): Resil- ience of the U.S. Financial System’’ and ‘‘Interagency Paper’’ mean the interagency paper prepared by
p.(None): the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and
p.(None): Exchange Commission that was announced in the Federal Register on April 8, 2003.
p.(None): SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
p.(None): It is the sense of Congress that the insurance industry and credit-rating agencies, where relevant,
p.(None): should carefully consider a company’s compliance with standards for private sector disaster and emergency
p.(None): preparedness in assessing insurability and credit- worthiness, to ensure that private sector investment in
p.(None): disaster and emergency preparedness is appropriately encouraged.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None):
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None): SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRA- STRUCTURE SIMULATION AND ANALYSIS CENTER.
p.(None): (a) IN GENERAL.—The Director of National Intelligence shall establish a formal relationship, including
p.(None): information sharing, between the elements of the intelligence community and the National
p.(None): Infrastructure Simulation and Analysis Center.
p.(None): (b) PURPOSE.—The purpose of the relationship under subsection
p.(None): (a) shall be to permit the intelligence community to take full advan- tage of the capabilities of the National
p.(None): Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3865
p.(None):
p.(None): analysis, for real time response to reported threats and long term planning for projected threats.
p.(None): Subtitle B—Department of Homeland Security Matters
p.(None):
p.(None):
p.(None): SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) Geospatial technologies and geospatial data improve government capabilities to detect, plan for,
p.(None): prepare for, and respond to disasters in order to save lives and protect property.
p.(None): (2) Geospatial data improves the ability of information technology applications and systems to enhance public
p.(None): security in a cost-effective manner.
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None): Sec. 1021. National Counterterrorism Center. Sec. 1022. National Counter Proliferation Center. Sec. 1023.
p.(None): National intelligence centers.
p.(None): Subtitle C—Joint Intelligence Community Council Sec. 1031. Joint Intelligence Community Council.
p.(None): Subtitle D—Improvement of Education for the Intelligence Community Sec. 1041. Additional education and training
p.(None): requirements.
p.(None): Sec. 1042. Cross-disciplinary education and training. Sec. 1043. Intelligence Community Scholarship Program.
p.(None): Subtitle E—Additional Improvements of Intelligence Activities
p.(None): Sec. 1051. Service and national laboratories and the intelligence community. Sec. 1052. Open-source intelligence.
p.(None): Sec. 1053. National Intelligence Reserve Corps.
p.(None): Subtitle F—Privacy and Civil Liberties Sec. 1061. Privacy and Civil Liberties Oversight Board.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3639
p.(None):
p.(None): Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
p.(None): Subtitle G—Conforming and Other Amendments
p.(None): Sec. 1071. Conforming amendments relating to roles of Director of National Intel- ligence and Director of
p.(None): the Central Intelligence Agency.
p.(None): Sec. 1072. Other conforming amendments.
p.(None): Sec. 1073. Elements of intelligence community under National Security Act of 1947. Sec. 1074. Redesignation of
p.(None): National Foreign Intelligence Program as National In-
p.(None): telligence Program.
p.(None): Sec. 1075. Repeal of superseded authority.
p.(None): Sec. 1076. Clerical amendments to National Security Act of 1947.
p.(None): Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di- rector of the Central
p.(None): Intelligence Agency.
p.(None): Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
p.(None): Sec. 1079. Ethics matters.
p.(None): Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and
p.(None): services.
p.(None): Sec. 1081. General references.
p.(None): Subtitle H—Transfer, Termination, Transition, and Other Provisions Sec. 1091. Transfer of Community Management Staff.
p.(None): Sec. 1092. Transfer of Terrorist Threat Integration Center.
p.(None): Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. Sec. 1094.
p.(None): Implementation plan.
p.(None): Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
p.(None): Sec. 1096. Transitional authorities. Sec. 1097. Effective dates.
p.(None): Subtitle I—Other Matters
p.(None): Sec. 1101. Study of promotion and professional military education school selection rates for military
p.(None): intelligence officers.
p.(None): Sec. 1102. Extension and improvement of authorities of Public Interest Declas- sification Board.
p.(None): Sec. 1103. Severability.
p.(None): TITLE II—FEDERAL BUREAU OF INVESTIGATION
p.(None): Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves- tigation.
p.(None): Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. Sec. 2003. Federal Bureau of
p.(None): Investigation intelligence career service.
p.(None): Sec. 2004. Federal Bureau of Investigation Reserve Service.
p.(None): Sec. 2005. Federal Bureau of Investigation mandatory separation age. Sec. 2006. Federal Bureau of Investigation use
p.(None): of translators.
...
p.(None): Sec. 7307. Northern command and defense of the United States homeland. Sec. 7308. Effective date.
p.(None): Subtitle D—Homeland Security
p.(None): Sec. 7401. Sense of Congress on first responder funding. Sec. 7402. Coordination of industry efforts.
p.(None): Sec. 7403. Study regarding nationwide emergency notification system.
p.(None): Sec. 7404. Pilot study to move warning systems into the modern digital age. Sec. 7405. Required coordination.
p.(None): Sec. 7406. Emergency preparedness compacts.
p.(None): Sec. 7407. Responsibilities of counternarcotics office.
p.(None): Sec. 7408. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.
p.(None): Subtitle E—Public Safety Spectrum Sec. 7501. Digital television conversion deadline.
p.(None): Sec. 7502. Studies on telecommunications capabilities and requirements.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643
p.(None):
p.(None): Subtitle F—Presidential Transition Sec. 7601. Presidential transition.
p.(None): Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing
p.(None): Sec. 7701. Improving international standards and cooperation to fight terrorist fi- nancing.
p.(None): Sec. 7702. Definitions.
p.(None): Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
p.(None): Sec. 7704. Coordination of United States Government efforts.
p.(None): Subtitle H—Emergency Financial Preparedness Sec. 7801. Delegation authority of the Secretary of the Treasury.
p.(None): Sec. 7802. Treasury support for financial services industry preparedness and re- sponse and consumer
p.(None): education.
p.(None): Sec. 7803. Emergency Securities Response Act of 2004. Sec. 7804. Private sector preparedness.
p.(None): TITLE VIII—OTHER MATTERS
p.(None): Subtitle A—Intelligence Matters
p.(None): Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
p.(None): Subtitle B—Department of Homeland Security Matters Sec. 8201. Homeland security geospatial information.
p.(None): Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection Sec. 8301. Short title.
p.(None): Sec. 8302. Mission of Department of Homeland Security.
p.(None): Sec. 8303. Officer for Civil Rights and Civil Liberties.
p.(None): Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector Gen- eral.
p.(None): Sec. 8305. Privacy officer.
p.(None): Sec. 8306. Protections for human research subjects of the Department of Homeland Security.
p.(None):
p.(None): Subtitle D—Other Matters
p.(None): Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency plan- ning for information security
p.(None): needs.
p.(None): Sec. 8402. Enterprise architecture.
p.(None): Sec. 8403. Financial disclosure and records.
p.(None): Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
p.(None):
p.(None): TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
p.(None): SEC. 1001. SHORT TITLE.
p.(None): This title may be cited as the ‘‘National Security Intelligence Reform Act of 2004’’.
p.(None): Subtitle A—Establishment of Director of National Intelligence
p.(None): SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
p.(None): (a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by striking
p.(None): sections 102 through 104 and inserting the following new sections:
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): National Security Intelligence Reform Act of 2004.
p.(None): 50 USC 401 note.
p.(None):
p.(None):
p.(None): 118 STAT. 3644 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘DIRECTOR OF NATIONAL INTELLIGENCE
p.(None):
p.(None):
p.(None): President. Congress. 50 USC 403.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403–1.
p.(None): ‘‘SEC. 102. (a) DIRECTOR OF NATIONAL INTELLIGENCE.—(1) There
p.(None): is a Director of National Intelligence who shall be appointed by the President, by and with the advice
p.(None): and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence
p.(None): shall have extensive national security expertise.
p.(None): ‘‘(2) The Director of National Intelligence shall not be located within the Executive Office of the President.
p.(None): ‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direc- tion, and control of the President, the
p.(None): Director of National Intel- ligence shall—
p.(None): ‘‘(1) serve as head of the intelligence community;
p.(None): ‘‘(2) act as the principal adviser to the President, to the National Security Council, and the Homeland
p.(None): Security Council for intelligence matters related to the national security; and ‘‘(3) consistent with
p.(None): section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the
p.(None): implementation of the National Intelligence Program.
p.(None): ‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the position of Director of National
p.(None): Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or
p.(None): as the head of any other element of the intelligence community.
p.(None): ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director
p.(None): of National Intelligence shall be responsible for ensuring that national intelligence is provided—
p.(None): ‘‘(A) to the President;
p.(None): ‘‘(B) to the heads of departments and agencies of the execu- tive branch;
p.(None): ‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
p.(None): ‘‘(D) to the Senate and House of Representatives and the committees thereof; and
p.(None): ‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate.
p.(None): ‘‘(2) Such national intelligence should be timely, objective, inde- pendent of political considerations, and based
...
p.(None): National Intel- ligence Program budget under that paragraph.
p.(None): ‘‘(3)(A) The Director of National Intelligence shall participate in the development by the Secretary of
p.(None): Defense of the annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related
p.(None): Activities.
p.(None): ‘‘(B) The Director of National Intelligence shall provide guidance for the development of the annual budget for
p.(None): each element of the intelligence community that is not within the National Intel- ligence Program.
p.(None): ‘‘(4) The Director of National Intelligence shall ensure the effec- tive execution of the annual budget for
p.(None): intelligence and intelligence- related activities.
p.(None): ‘‘(5)(A) The Director of National Intelligence shall be responsible for managing appropriations for the National
p.(None): Intelligence Program by directing the allotment or allocation of such appropriations through the heads of
p.(None): the departments containing agencies or organizations within the intelligence community and the
p.(None): Director of the Central Intelligence Agency, with prior notice (including the provision of appropriate
p.(None): supporting information) to the head of the department containing an agency or organization receiving any
p.(None): such allocation or allotment or the Director of the Central Intelligence Agency.
p.(None): ‘‘(B) Notwithstanding any other provision of law, pursuant to relevant appropriations Acts for the National
p.(None): Intelligence Program, the Director of the Office of Management and Budget shall exercise the authority of the
p.(None): Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of
p.(None): National Intelligence, for allocation to the elements of the intel- ligence community through the relevant host
p.(None): executive departments and the Central Intelligence Agency. Department comptrollers or appropriate budget
p.(None): execution officers shall allot, allocate, reprogram, or transfer funds appropriated for the National
p.(None): Intel- ligence Program in an expeditious manner.
p.(None): ‘‘(C) The Director of National Intelligence shall monitor the implementation and execution of the National
p.(None): Intelligence Program by the heads of the elements of the intelligence community that manage programs and
p.(None): activities that are part of the National Intel- ligence Program, which may include audits and evaluations.
p.(None):
p.(None):
p.(None): 118 STAT. 3646 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(6) Apportionment and allotment of funds under this sub- section shall be subject to chapter 13 and
p.(None): section 1517 of title 31, United States Code, and the Congressional Budget and Impoundment Control
p.(None): Act of 1974 (2 U.S.C. 621 et seq.).
p.(None):
p.(None): Reports. Deadlines.
p.(None): ‘‘(7)(A) The Director of National Intelligence shall provide a semi-annual report, beginning April 1,
p.(None): 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section.
p.(None): ‘‘(B) The Director of National Intelligence shall report to the President and the Congress not later
p.(None): than 15 days after learning of any instance in which a departmental comptroller acts in a manner
...
p.(None): are subject to the provisions of annual appropria- tions Acts and this subsection.
p.(None): ‘‘(5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if—
p.(None): ‘‘(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
p.(None): ‘‘(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or
p.(None): increases efficiency; ‘‘(iii) the transfer or reprogramming does not involve a transfer or reprogramming of
p.(None): funds to a Reserve for Contin- gencies of the Director of National Intelligence or the Reserve
p.(None): for Contingencies of the Central Intelligence Agency;
p.(None): ‘‘(iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any
p.(None): department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year—
p.(None):
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004
p.(None): ‘‘(I) that is less than $150,000,000, and
p.(None): 118 STAT. 3647
p.(None):
p.(None): ‘‘(II) that is less than 5 percent of amounts available to a department or agency under the National
p.(None): Intelligence Program; and
p.(None): ‘‘(v) the transfer or reprogramming does not terminate an acquisition program.
p.(None): ‘‘(B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v)
p.(None): of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the
p.(None): Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The
p.(None): authority to pro- vide such concurrence may only be delegated by the head of the department or agency
p.(None): involved to the deputy of such officer.
p.(None): ‘‘(6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the
p.(None): appropriations account to which transferred or reprogrammed.
p.(None): ‘‘(7) Any transfer or reprogramming of funds under this sub- section shall be carried out in accordance with
p.(None): existing procedures applicable to reprogramming notifications for the appropriate congressional committees.
p.(None): Any proposed transfer or reprogramming for which notice is given to the appropriate congressional commit- tees
p.(None): shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and
p.(None): how it satisfies the requirements of this subsection. In addition, the congressional intel- ligence committees
p.(None): shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in
p.(None): any case in which the transfer or reprogramming would not have other- wise required reprogramming notification under
p.(None): procedures in effect as of the date of the enactment of this subsection.
p.(None): ‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other authorities available under law for such purposes,
p.(None): in the first twelve months after establishment of a new national intelligence center, the Director of
p.(None): National Intelligence, with the approval of the Director of the Office of Management and Budget and in
p.(None): consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may
...
p.(None): of National Intel- ligence and all other elements of the intelligence community have the necessary
p.(None): resources and procedures to respond promptly and effectively to emerging and unforeseen national
p.(None): security challenges.
p.(None): ‘‘(f) TASKING AND OTHER AUTHORITIES.—(1)(A) The Director
p.(None): of National Intelligence shall—
p.(None): ‘‘(i) establish objectives, priorities, and guidance for the intelligence community to ensure timely and
p.(None): effective collection, processing, analysis, and dissemination (including access by users to collected data
p.(None): consistent with applicable law and, as appropriate, the guidelines referred to in subsection (b) and
p.(None): analytic products generated by or within the intelligence community) of national intelligence;
p.(None): ‘‘(ii) determine requirements and priorities for, and manage and direct the tasking of, collection, analysis,
p.(None): production, and dissemination of national intelligence by elements of the intel- ligence community, including—
p.(None): ‘‘(I) approving requirements (including those require- ments responding to needs provided by consumers) for
p.(None): collection and analysis; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3649
p.(None):
p.(None):
p.(None): ‘‘(II) resolving conflicts in collection requirements and in the tasking of national collection assets of the
p.(None): elements of the intelligence community; and
p.(None): ‘‘(iii) provide advisory tasking to intelligence elements of those agencies and departments not within the
p.(None): National Intel- ligence Program.
p.(None): ‘‘(B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply—
p.(None): ‘‘(i) insofar as the President so directs;
p.(None): ‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking
p.(None): authority under plans or arrangements agreed upon by the Secretary of Defense and the Director of National
p.(None): Intelligence; or
p.(None): ‘‘(iii) to the direct dissemination of information to State government and local government officials and
p.(None): private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
p.(None): 482).
p.(None): ‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may
p.(None): establish such other national intelligence centers as the Director determines necessary. ‘‘(3)(A) The
p.(None): Director of National Intelligence shall prescribe,
p.(None): in consultation with the heads of other agencies or elements of the intelligence community, and the
p.(None): heads of their respective departments, personnel policies and programs applicable to the intelligence
p.(None): community that—
p.(None): ‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and
p.(None): between ele- ments of the intelligence community;
p.(None): ‘‘(ii) set standards for education, training, and career development of personnel of the intelligence
p.(None): community;
p.(None): ‘‘(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified
p.(None): individuals for the effective conduct of intelligence activities;
p.(None): ‘‘(iv) ensure that the personnel of the intelligence commu- nity are sufficiently diverse for purposes of
p.(None): the collection and analysis of intelligence through the recruitment and training of women, minorities, and
...
p.(None): of the intelligence community through the host executive departments that manage the programs and
p.(None): activities that are part of the National Intelligence Program.
p.(None): ‘‘(5) The Director of National Intelligence shall ensure the elimi- nation of waste and unnecessary duplication within
p.(None): the intelligence community.
p.(None):
p.(None):
p.(None): 118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Procedures.
p.(None): ‘‘(6) The Director of National Intelligence shall establish requirements and priorities for foreign
p.(None): intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
p.(None): et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic
p.(None): surveil- lance or physical searches under that Act is disseminated so it may be used efficiently and
p.(None): effectively for national intelligence purposes, except that the Director shall have no authority to direct or
p.(None): undertake electronic surveillance or physical search operations pursuant to that Act unless authorized by
p.(None): statute or Executive order.
p.(None): ‘‘(7) The Director of National Intelligence shall perform such other functions as the President may direct.
p.(None): ‘‘(8) Nothing in this title shall be construed as affecting the role of the Department of Justice or
p.(None): the Attorney General under the Foreign Intelligence Surveillance Act of 1978.
p.(None): ‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) The Director
p.(None): of National Intelligence shall have principal authority to ensure maximum availability of and access to
p.(None): intelligence information within the intelligence community consistent with national security requirements. The
p.(None): Director of National Intelligence shall—
p.(None): ‘‘(A) establish uniform security standards and procedures; ‘‘(B) establish common information technology
p.(None): standards,
p.(None): protocols, and interfaces;
p.(None): ‘‘(C) ensure development of information technology systems that include multi-level security and intelligence
p.(None): integration capabilities;
p.(None): ‘‘(D) establish policies and procedures to resolve conflicts between the need to share intelligence
p.(None): information and the need to protect intelligence sources and methods;
p.(None): ‘‘(E) develop an enterprise architecture for the intelligence community and ensure that elements of the intelligence
p.(None): commu- nity comply with such architecture; and
p.(None): ‘‘(F) have procurement approval authority over all enter- prise architecture-related information technology
p.(None): items funded in the National Intelligence Program.
p.(None): ‘‘(2) The President shall ensure that the Director of National Intelligence has all necessary support and
p.(None): authorities to fully and effectively implement paragraph (1).
p.(None): ‘‘(3) Except as otherwise directed by the President or with the specific written agreement of the head
p.(None): of the department or agency in question, a Federal agency or official shall not be consid- ered to have met any
p.(None): obligation to provide any information, report, assessment, or other material (including unevaluated intelligence
p.(None): information) to that department or agency solely by virtue of having provided that information, report, assessment,
p.(None): or other material to the Director of National Intelligence or the National Counterterrorism
p.(None): Center.
p.(None): ‘‘(4) Not later than February 1 of each year, the Director of National Intelligence shall submit to the
p.(None): President and to the Congress an annual report that identifies any statute, regulation, policy, or
p.(None): practice that the Director believes impedes the ability of the Director to fully and effectively
p.(None): implement paragraph (1). ‘‘(h) ANALYSIS.—To ensure the most accurate analysis of intel- ligence is derived
p.(None): from all sources to support national security
p.(None): needs, the Director of National Intelligence shall— ‘‘(1) implement policies and procedures—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3651
p.(None):
p.(None):
p.(None): ‘‘(A) to encourage sound analytic methods and tradecraft throughout the elements of the
p.(None): intelligence community;
...
p.(None): ‘‘(2) ensure that resource allocation for intelligence analysis is appropriately proportional to resource
p.(None): allocation for intel- ligence collection systems and operations in order to maximize analysis of all collected data;
p.(None): ‘‘(3) ensure that differences in analytic judgment are fully considered and brought to the attention of
p.(None): policymakers; and ‘‘(4) ensure that sufficient relationships are established between intelligence collectors and
p.(None): analysts to facilitate greater
p.(None): understanding of the needs of analysts.
p.(None): ‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.—
p.(None): (1) The Director of National Intelligence shall protect intelligence sources and methods from unauthorized
p.(None): disclosure.
p.(None): ‘‘(2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director
p.(None): of National Intelligence shall establish and implement guidelines for the intelligence community for
p.(None): the following purposes:
p.(None): ‘‘(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
p.(None): ‘‘(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
p.(None): ‘‘(C) Preparation of intelligence products in such a way that source information is removed to allow for
p.(None): dissemination at the lowest level of classification possible or in unclassified form to the extent
p.(None): practicable.
p.(None): ‘‘(3) The Director may only delegate a duty or authority given the Director under this subsection to the
p.(None): Principal Deputy Director of National Intelligence.
p.(None): ‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
p.(None): INFORMATION.—The Director of National Intelligence, subject to the direction of the President, shall—
p.(None): ‘‘(1) establish uniform standards and procedures for the grant of access to sensitive compartmented information
p.(None): to any officer or employee of any agency or department of the United States and to employees of contractors of
p.(None): those agencies or departments;
p.(None): ‘‘(2) ensure the consistent implementation of those stand- ards and procedures throughout such agencies
p.(None): and depart- ments;
p.(None): ‘‘(3) ensure that security clearances granted by individual elements of the intelligence community are
p.(None): recognized by all elements of the intelligence community, and under contracts entered into by those agencies;
p.(None): and
p.(None): ‘‘(4) ensure that the process for investigation and adjudica- tion of an application for access to sensitive
p.(None): compartmented information is performed in the most expeditious manner pos- sible consistent with applicable
p.(None): standards for national security. ‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
p.(None): direction of the President and in a manner consistent with section
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): respect to personnel of the elements of the intelligence community who are members of the uniformed services.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3653
p.(None):
p.(None): ‘‘(B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may
p.(None): apply with respect to members of the uniformed services who are assigned to an element of the intelligence
p.(None): community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with
p.(None): personnel policies and education and training requirements otherwise applicable to members of the uniformed
p.(None): services.
p.(None): ‘‘(C) The personnel policies and programs developed and imple- mented under this subsection with respect to law
p.(None): enforcement offi- cers (as that term is defined in section 5541(3) of title 5, United States Code) shall
p.(None): not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command,
p.(None): to control the activities of such law enforcement officers.
p.(None): ‘‘(D) Assignment to the Office of the Director of National Intel- ligence of commissioned officers of the Armed Forces
p.(None): shall be consid- ered a joint-duty assignment for purposes of the joint officer management policies
p.(None): prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
p.(None): ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
p.(None): (1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with
p.(None): respect to the personnel of the Office of the Director of National Intelligence any authority of the
p.(None): Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency
p.(None): under the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable
p.(None): provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the
p.(None): same conditions and limitations, that the Director of the Central Intel- ligence Agency may exercise such
p.(None): authority with respect to per- sonnel of the Central Intelligence Agency.
p.(None): ‘‘(2) Employees and applicants for employment of the Office of the Director of National Intelligence
p.(None): shall have the same rights and protections under the Office of the Director of National Intel- ligence as
p.(None): employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949, and other
p.(None): applicable provisions of law, as of the date of the enactment of this subsection. ‘‘(n) ACQUISITION AUTHORITIES.—(1) In
p.(None): carrying out the respon- sibilities and authorities under this section, the Director of National Intelligence may
p.(None): exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency
p.(None): Act of 1949 (50 U.S.C. 403a et seq.) other than the authorities referred
p.(None): to in section 8(b) of that Act (50 U.S.C. 403j(b)).
p.(None): ‘‘(2) For the purpose of the exercise of any authority referred to in paragraph (1), a reference to
p.(None): the head of an agency shall be deemed to be a reference to the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence.
p.(None): ‘‘(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by
p.(None): the head of an agency may be made with respect to individual purchases and contracts or with respect to
p.(None): classes of purchases or contracts, and shall be final.
p.(None): ‘‘(B) Except as provided in subparagraph (C), the Director of National Intelligence or the Principal
p.(None): Deputy Director of National Intelligence may, in such official’s discretion, delegate to any officer or other
p.(None): official of the Office of the Director of National Intelligence any authority to make a determination or
p.(None): decision as the head of the agency under an authority referred to in paragraph (1).
p.(None):
p.(None):
p.(None): 118 STAT. 3654 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(C) The limitations and conditions set forth in section 3(d) of the Central Intelligence Agency Act of
p.(None): 1949 (50 U.S.C. 403c(d)) shall apply to the exercise by the Director of National Intelligence of an authority
p.(None): referred to in paragraph (1).
p.(None): ‘‘(D) Each determination or decision required by an authority referred to in the second sentence of
p.(None): section 3(d) of the Central Intelligence Agency Act of 1949 shall be based upon written findings made by the
p.(None): official making such determination or decision, which findings shall be final and shall be available within
p.(None): the Office of the Director of National Intelligence for a period of at least six years following the
p.(None): date of such determination or decision. ‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE
p.(None): COMMUNITY.—In carrying out the duties and responsibilities under this section, the Director of National
p.(None): Intelligence shall take into account the views of a head of a department containing an element of the intelligence
p.(None): community and of the Director of the Central Intelligence Agency.
p.(None): ‘‘(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGARDING NATIONAL INTELLIGENCE PROGRAM
p.(None): BUDGET CON-
p.(None): CERNING THE DEPARTMENT OF DEFENSE.—Subject to the direction of the President, the Director of National
p.(None): Intelligence shall, after consultation with the Secretary of Defense, ensure that the National Intelligence Program
p.(None): budgets for the elements of the intelligence community that are within the Department of Defense are adequate to
p.(None): satisfy the national intelligence needs of the Department of Defense, including the needs of the Chairman
p.(None): of the Joint Chiefs of Staff and the commanders of the unified and specified commands, and wherever such elements
p.(None): are performing Government-wide func- tions, the needs of other Federal departments and agencies.
p.(None): ‘‘(q) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For each intel-
p.(None): ligence program within the National Intelligence Program for the acquisition of a major system, the Director of
p.(None): National Intelligence shall—
p.(None): ‘‘(A) require the development and implementation of a pro- gram management plan that includes cost,
p.(None): schedule, and performance goals and program milestone criteria, except that with respect to Department of
p.(None): Defense programs the Director shall consult with the Secretary of Defense;
p.(None): ‘‘(B) serve as exclusive milestone decision authority, except that with respect to Department of Defense
p.(None): programs the Director shall serve as milestone decision authority jointly with the Secretary of Defense or the
p.(None): designee of the Secretary; and
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports. President.
p.(None): ‘‘(C) periodically—
p.(None): ‘‘(i) review and assess the progress made toward the achievement of the goals and milestones established
p.(None): in such plan; and
p.(None): ‘‘(ii) submit to Congress a report on the results of such review and assessment.
p.(None): ‘‘(2) If the Director of National Intelligence and the Secretary of Defense are unable to reach an agreement
p.(None): on a milestone decision under paragraph (1)(B), the President shall resolve the conflict. ‘‘(3) Nothing in
p.(None): this subsection may be construed to limit the authority of the Director of National Intelligence to
p.(None): delegate to any other official any authority to perform the responsibilities of
p.(None): the Director under this subsection. ‘‘(4) In this subsection:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3655
p.(None):
p.(None):
p.(None): ‘‘(A) The term ‘intelligence program’, with respect to the acquisition of a major system, means a program that—
p.(None): ‘‘(i) is carried out to acquire such major system for an element of the intelligence community; and
p.(None): ‘‘(ii) is funded in whole out of amounts available for the National Intelligence Program.
p.(None): ‘‘(B) The term ‘major system’ has the meaning given such term in section 4(9) of the Federal Property and
p.(None): Administrative Services Act of 1949 (41 U.S.C. 403(9)).
p.(None): ‘‘(r) PERFORMANCE OF COMMON SERVICES.—The Director of
p.(None): National Intelligence shall, in consultation with the heads of depart- ments and agencies of the United States
p.(None): Government containing elements within the intelligence community and with the Director of the Central
p.(None): Intelligence Agency, coordinate the performance by the elements of the intelligence community within the
p.(None): National Intelligence Program of such services as are of common concern to the intelligence community,
p.(None): which services the Director of National Intelligence determines can be more efficiently accom- plished
p.(None): in a consolidated manner.
p.(None): ‘‘OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): ‘‘SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTEL-
p.(None): LIGENCE.—There is an Office of the Director of National Intelligence. ‘‘(b) FUNCTION.—The function of the Office
...
p.(None): ‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intel-
p.(None): ligence Council shall—
p.(None): ‘‘(A) produce national intelligence estimates for the United States Government, including alternative views held
p.(None): by ele- ments of the intelligence community and other information as specified in paragraph (2);
p.(None): ‘‘(B) evaluate community-wide collection and production of intelligence by the intelligence community and the
p.(None): require- ments and resources of such collection and production; and ‘‘(C) otherwise assist the Director of
p.(None): National Intelligence
p.(None): in carrying out the responsibilities of the Director under section 102A.
p.(None): ‘‘(2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers
p.(None): and other consumers of intelligence.
p.(None): ‘‘(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—Within their
p.(None): respective areas of expertise and under the direction of the Director
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Establishment. 50 USC 403–3b.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Requirements.
p.(None):
p.(None):
p.(None): 118 STAT. 3658 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): of National Intelligence, the members of the National Intelligence Council shall constitute the senior
p.(None): intelligence advisers of the intel- ligence community for purposes of representing the views of the
p.(None): intelligence community within the United States Government.
p.(None): ‘‘(e) AUTHORITY TO CONTRACT.—Subject to the direction and control of the Director of National Intelligence, the
p.(None): National Intel- ligence Council may carry out its responsibilities under this section by contract, including
p.(None): contracts for substantive experts necessary to assist the Council with particular assessments under this section.
p.(None): ‘‘(f) STAFF.—The Director of National Intelligence shall make available to the National Intelligence
p.(None): Council such staff as may be necessary to permit the Council to carry out its responsibilities
p.(None): under this section.
p.(None): ‘‘(g) AVAILABILITY OF COUNCIL AND STAFF.—(1) The Director
p.(None): of National Intelligence shall take appropriate measures to ensure that the National Intelligence Council and its
p.(None): staff satisfy the needs of policymaking officials and other consumers of intelligence. ‘‘(2) The Council shall
p.(None): be readily accessible to policymaking officials and other appropriate individuals not otherwise associated
p.(None): with the intelligence community.
p.(None): ‘‘(h) SUPPORT.—The heads of the elements of the intelligence community shall, as appropriate, furnish
p.(None): such support to the National Intelligence Council, including the preparation of intel- ligence analyses,
p.(None): as may be required by the Director of National Intelligence.
p.(None): ‘‘(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes
p.(None): of this section, the term ‘National Intelligence Council product’ includes a National Intelligence Estimate and
p.(None): any other intelligence community assessment that sets forth the judgment of the intel- ligence community as a
p.(None): whole on a matter covered by such product.
p.(None): ‘‘GENERAL COUNSEL
p.(None):
p.(None):
p.(None): President. Congress.
...
p.(None):
p.(None):
p.(None): (2) A description of the impact on enterprise architectures of participating agencies.
p.(None): (3) A budget estimate that identifies the incremental costs associated with designing, testing, integrating,
p.(None): deploying, and operating the ISE.
p.(None): (4) A project plan for designing, testing, integrating, deploying, and operating the ISE.
p.(None): (5) The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and
p.(None): enforcement mechanisms that will be utilized.
p.(None): (6) Objective, systemwide performance measures to enable the assessment of progress toward achieving
p.(None): the full implementation of the ISE.
p.(None): (7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and
p.(None): prop- erly utilized.
p.(None): (8) A description of the means by which privacy and civil liberties will be protected in the design
p.(None): and operation of the ISE.
p.(None): (9) The recommendations of the program manager, in con- sultation with the Information Sharing Council,
p.(None): regarding whether, and under what conditions, the ISE should be expanded to include other intelligence
p.(None): information.
p.(None): (10) A delineation of the roles of the Federal departments and agencies that will participate in the
p.(None): ISE, including an identification of the agencies that will deliver the infrastructure needed to operate and
p.(None): manage the ISE (as distinct from indi- vidual department or agency components that are part of the ISE),
p.(None): with such delineation of roles to be consistent with—
p.(None): (A) the authority of the Director of National Intel- ligence under this title, and the amendments made
p.(None): by this title, to set standards for information sharing through- out the intelligence community; and
p.(None): (B) the authority of the Secretary of Homeland Security and the Attorney General, and the role of the Department of
p.(None): Homeland Security and the Attorney General, in coordi- nating with State, local, and tribal officials and the private
p.(None): sector.
p.(None): (11) The recommendations of the program manager, in consultation with the Information Sharing Council, for a
p.(None): future management structure for the ISE, including whether the posi- tion of program manager should continue to
p.(None): remain in exist- ence.
p.(None): (f) PROGRAM MANAGER.—
p.(None): (1) DESIGNATION.—Not later than 120 days after the date of the enactment of this Act, with
p.(None): notification to Congress, the President shall designate an individual as the program manager responsible for
p.(None): information sharing across the Federal Government. The individual designated as the program man- ager shall
p.(None): serve as program manager during the two-year period beginning on the date of designation under this paragraph
p.(None): unless sooner removed from service and replaced by the Presi- dent (at the President’s sole discretion). The program
p.(None): manager shall have and exercise governmentwide authority.
p.(None): (2) DUTIES AND RESPONSIBILITIES.—
p.(None): (A) IN GENERAL.—The program manager shall, in con- sultation with the Information Sharing Council—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President. Notification.
p.(None):
p.(None):
p.(None): 118 STAT. 3668 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (i) plan for and oversee the implementation of, and manage, the ISE;
p.(None): (ii) assist in the development of policies, proce- dures, guidelines, rules, and standards as appropriate to
p.(None): foster the development and proper operation of the ISE; and
p.(None): (iii) assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure
p.(None): adequate progress, technological consistency and policy compliance; and regularly report the findings
p.(None): to Congress.
p.(None): (B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, AND STANDARDS.—The policies, procedures, guide-
p.(None): lines, rules, and standards under subparagraph (A)(ii) shall—
p.(None): (i) take into account the varying missions and security requirements of agencies participating in the ISE;
p.(None): (ii) address development, implementation, and oversight of technical standards and requirements;
p.(None): (iii) take into account ongoing and planned efforts that support development, implementation and
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 403 note.
p.(None): SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTEL- LIGENCE COMMUNITY.
p.(None): (a) IN GENERAL.—Not later than 180 days after the effective date of this Act, the Director of National
p.(None): Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring
p.(None): that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly
p.(None): referred to as ‘‘red-team analysis’’) of the information and conclusions in intel- ligence products.
p.(None): (b) REPORT.—Not later than 270 days after the effective date of this Act, the Director of National
p.(None): Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the
p.(None): Permanent Select Committee of the House of Representatives on the implementation of subsection (a).
p.(None): SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES.
p.(None): The President shall issue guidelines to ensure the effective implementation and execution within the
p.(None): executive branch of the authorities granted to the Director of National Intelligence by this title and the
p.(None): amendments made by this title, in a manner that respects and does not abrogate the statutory
p.(None): responsibilities of the heads of the departments of the United States Government concerning such departments,
p.(None): including, but not limited to:
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3671
p.(None):
p.(None):
p.(None): (1) the authority of the Director of the Office of Manage- ment and Budget; and
p.(None): (2) the authority of the principal officers of the executive departments as heads of their
p.(None): respective departments, including, but not limited to, under—
p.(None): (A) section 199 of the Revised Statutes (22 U.S.C. 2651);
p.(None): (B) title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.);
p.(None): (C) the State Department Basic Authorities Act of 1956;
p.(None): (D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and
p.(None): (E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31,
p.(None): United States Code.
p.(None): SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANA- LYTIC INTEGRITY.
p.(None): (a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying out section 102A(h) of the National Security Act of
p.(None): 1947 (as added by section 1011(a)), the Director of National Intelligence shall, not later than 180 days
p.(None): after the date of the enactment of this Act, assign an individual or entity to be responsible for
p.(None): ensuring that finished intelligence products produced by any element or elements of the intelligence
p.(None): community are timely, objective, inde- pendent of political considerations, based upon all sources of avail- able
p.(None): intelligence, and employ the standards of proper analytic tradecraft.
p.(None): (b) RESPONSIBILITIES.—(1) The individual or entity assigned responsibility under subsection (a)—
p.(None): (A) may be responsible for general oversight and manage- ment of analysis and production, but may not be
p.(None): directly respon- sible for, or involved in, the specific production of any finished intelligence product;
...
p.(None): President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director
p.(None): of the Central Intelligence Agency, and other officials of the executive branch as appro- priate, and to
p.(None): the appropriate committees of Congress;
p.(None): ‘‘(E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in
p.(None): fulfill- ment of their responsibilities to disseminate terrorism informa- tion, consistent with applicable law,
p.(None): guidelines referred to in section 102A(b), Executive orders and other Presidential guid- ance, to State and
p.(None): local government officials, and other entities, and coordinate dissemination of terrorism information to foreign
p.(None): governments as approved by the Director of National Intel- ligence;
p.(None): ‘‘(F) develop a strategy for combining terrorist travel intel- ligence operations and law enforcement planning
p.(None): and oper- ations into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain
p.(None): terrorist mobility;
p.(None): ‘‘(G) have primary responsibility within the United States Government for conducting net assessments of
p.(None): terrorist threats; ‘‘(H) consistent with priorities approved by the President, assist the Director of
p.(None): National Intelligence in establishing requirements for the intelligence community for the collection
p.(None): of terrorism information; and
p.(None): ‘‘(I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by
p.(None): law.
p.(None): ‘‘(2) Nothing in paragraph (1)(G) shall limit the authority of the departments and agencies of the
p.(None): United States to conduct net assessments.
p.(None): ‘‘(g) LIMITATION.—The Director of the National Counterterrorism Center may not
p.(None): direct the execution of counterterrorism operations.
p.(None): ‘‘(h) RESOLUTION OF DISPUTES.—The Director of National Intel- ligence shall resolve disagreements between
p.(None): the National Counterterrorism Center and the head of a department, agency, or element of the United
p.(None): States Government on designations, assignments, plans, or responsibilities under this section. The head of such
p.(None): a department, agency, or element may appeal the resolution
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3675
p.(None):
p.(None):
p.(None): of the disagreement by the Director of National Intelligence to the President.
p.(None): ‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Director of the National Counterterrorism Center shall establish
p.(None): and maintain within the National Counterterrorism Center a Directorate of Intel- ligence which shall have primary
p.(None): responsibility within the United States Government for analysis of terrorism and terrorist organiza- tions (except
p.(None): for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence,
p.(None): whether collected inside or outside the United States.
p.(None): ‘‘(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—(1)
p.(None): The Director of the National Counterterrorism Center shall estab- lish and maintain within the National
p.(None): Counterterrorism Center a Directorate of Strategic Operational Planning which shall provide strategic operational
...
p.(None): ‘‘(7) Conducting strategic operational counter proliferation planning for the United States Government to
p.(None): prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related
p.(None): materials and technologies.
p.(None): ‘‘(c) NATIONAL SECURITY WAIVER.—The President may waive the requirements of this section, and any
p.(None): parts thereof, if the President determines that such requirements do not materially improve the ability of
p.(None): the United States Government to prevent and halt the proliferation of weapons of mass destruction, their
p.(None): delivery systems, and related materials and technologies. Such waiver shall be made in writing to
p.(None): Congress and shall include a description of how the missions and objectives in subsection
p.(None): (b) are being met.
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 404o–2.
p.(None): ‘‘(d) REPORT TO CONGRESS.—(1) Not later than nine months after the implementation of this Act, the
p.(None): President shall submit to Congress, in classified form if necessary, the findings and rec- ommendations of
p.(None): the President’s Commission on Weapons of Mass Destruction established by Executive Order in February
p.(None): 2004, together with the views of the President regarding the establish- ment of a National Counter
p.(None): Proliferation Center.
p.(None): ‘‘(2) If the President decides not to exercise the waiver authority granted by subsection (c), the President
p.(None): shall submit to Congress from time to time updates and plans regarding the establishment of a National
p.(None): Counter Proliferation Center.
p.(None): ‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that a central feature of counter proliferation
p.(None): activities, consistent with the President’s Proliferation Security Initiative, should include the physical
p.(None): interdiction, by air, sea, or land, of weapons of mass destruction, their delivery systems, and related
p.(None): materials and tech- nologies, and enhanced law enforcement activities to identify and disrupt proliferation
p.(None): networks, activities, organizations, and per- sons.’’.
p.(None): SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
p.(None): Title I of the National Security Act of 1947, as amended by section 1022 of this Act, is further
p.(None): amended by adding at the end the following new section:
p.(None): ‘‘NATIONAL INTELLIGENCE CENTERS
p.(None): ‘‘SEC. 119B. (a) AUTHORITY TO ESTABLISH.—The Director of
p.(None): National Intelligence may establish one or more national intel- ligence centers to address intelligence
p.(None): priorities, including, but not limited to, regional issues.
p.(None): ‘‘(b) RESOURCES OF DIRECTORS OF CENTERS.—(1) The Director
p.(None): of National Intelligence shall ensure that the head of each national
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3677
p.(None):
p.(None): intelligence center under subsection (a) has appropriate authority, direction, and control of such center, and
p.(None): of the personnel assigned to such center, to carry out the assigned mission of such center. ‘‘(2) The
p.(None): Director of National Intelligence shall ensure that each national intelligence center has appropriate
p.(None): personnel to
p.(None): accomplish effectively the mission of such center.
p.(None): ‘‘(c) INFORMATION SHARING.—The Director of National Intel- ligence shall, to the extent appropriate and
p.(None): practicable, ensure that each national intelligence center under subsection (a) and the other elements of the
p.(None): intelligence community share information in order to facilitate the mission of such center.
p.(None): ‘‘(d) MISSION OF CENTERS.—Pursuant to the direction of the Director of National Intelligence, each
p.(None): national intelligence center under subsection (a) may, in the area of intelligence responsibility assigned
p.(None): to such center—
p.(None): ‘‘(1) have primary responsibility for providing all-source analysis of intelligence based upon intelligence
p.(None): gathered both domestically and abroad;
p.(None): ‘‘(2) have primary responsibility for identifying and pro- posing to the Director of National
p.(None): Intelligence intelligence collection and analysis and production requirements; and
p.(None): ‘‘(3) perform such other duties as the Director of National Intelligence shall specify.
p.(None): ‘‘(e) REVIEW AND MODIFICATION OF CENTERS.—The Director of
p.(None): National Intelligence shall determine on a regular basis whether— ‘‘(1) the area of intelligence responsibility
p.(None): assigned to each national intelligence center under subsection (a) continues to
p.(None): meet appropriate intelligence priorities; and
...
p.(None): (d) EXPENSES.—The Director of National Intelligence may provide members of the National
p.(None): Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of
p.(None): participating in any training that relates to service as a member of the Reserve Corps.
p.(None): (e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an annuity from the Civil Service
p.(None): Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall
p.(None): not be discontinued thereby.
p.(None): (2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or
p.(None): 84 of title 5, United States Code.
p.(None): (f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTEL- LIGENCE PERSONNEL CEILING.—A member of the National
p.(None): Intel- ligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not
p.(None): count against any personnel ceiling applicable to the Office of the Director of National Intel- ligence.
p.(None): Subtitle F—Privacy and Civil Liberties
p.(None):
p.(None):
p.(None): 5 USC 601 note.
p.(None): SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) In conducting the war on terrorism, the Federal Govern- ment may need additional powers and may need to
p.(None): enhance the use of its existing powers.
p.(None): (2) This potential shift of power and authority to the Fed- eral Government calls for an enhanced system of
p.(None): checks and balances to protect the precious liberties that are vital to our way of life.
p.(None): (b) ESTABLISHMENT OF BOARD.—There is established within the Executive Office of the President a Privacy and
p.(None): Civil Liberties Oversight Board (referred to in this section as the ‘‘Board’’).
p.(None): (c) FUNCTIONS.—
p.(None): (1) ADVICE AND COUNSEL ON DEVELOPMENT AND IMPLEMENTATION OF POLICY.—For the
p.(None): purpose of providing advice to the President or to the head of any department or agency of the executive
p.(None): branch, the Board shall—
p.(None): (A) review proposed regulations and executive branch policies related to efforts to protect the Nation
p.(None): from ter- rorism, including the development and adoption of informa- tion sharing guidelines under subsections
p.(None): (d) and (f) of section 1016;
p.(None): (B) review the implementation of laws, regulations, and executive branch policies related to efforts to
p.(None): protect the Nation from terrorism, including the implementation
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3685
p.(None):
p.(None): of information sharing guidelines under subsections (d) and (f) of section 1016;
p.(None): (C) advise the President and the head of any depart- ment or agency of the executive branch to ensure
...
p.(None): (vi) Section 357(a) (50 U.S.C. 403 note).
p.(None): (vii) Section 504(a) (117 Stat. 2634), both places it appears.
p.(None): (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is amended by striking ‘‘Director’’ the first
p.(None): place it appears and inserting ‘‘Director of National Intelligence’’.
p.(None): (C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by striking ‘‘Director of Central Intelligence’’ and
p.(None): inserting ‘‘Director of the Central Intelligence Agency’’.
p.(None): SEC. 1072. OTHER CONFORMING AMENDMENTS
p.(None): (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of the National Security Act of 1947 (50 U.S.C.
p.(None): 402(j)) is amended by striking ‘‘Deputy Director of Central Intelligence’’ and inserting ‘‘Principal Deputy Director
p.(None): of National Intelligence’’.
p.(None): (2) Section 105(a) of that Act (50 U.S.C. 403–5(a)) is amended by striking ‘‘The Secretary’’ in the
p.(None): matter preceding paragraph
p.(None): (1) and inserting ‘‘Consistent with sections 102 and 102A, the Secretary’’.
p.(None): (3) Section 105(b) of that Act (50 U.S.C. 403–5(b)) is amended by striking ‘‘103 and 104’’ in the
p.(None): matter preceding paragraph (1) and inserting ‘‘102 and 102A’’.
p.(None): (4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended by striking ‘‘section
p.(None): 103(c)(6) of this Act’’ and inserting ‘‘section 102A(i) of this Act’’.
p.(None): (5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by striking ‘‘to the Deputy Director of Central
p.(None): Intelligence, or with respect to employees of the Central Intelligence Agency, the Director may delegate such authority
p.(None): to the Deputy Director for Operations’’ and inserting ‘‘to the Principal Deputy Director of National Intel-
p.(None): ligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central
p.(None): Intelligence Agency’’.
p.(None): (6) Section 506A(b)(1) of that Act (50 U.S.C. 415a–1(b)(1)) is amended by striking ‘‘Office of the
p.(None): Deputy Director of Central Intelligence’’ and inserting ‘‘Office of the Director of National Intel- ligence’’.
p.(None): (7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking ‘‘Office of the Director of
p.(None): Central Intelligence’’ and inserting ‘‘Office of the Director of National Intelligence’’.
p.(None): (8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by striking ‘‘Assistant Director of Central
p.(None): Intelligence for Adminis- tration’’ and inserting ‘‘Office of the Director of National Intel- ligence’’.
p.(None): (b) CENTRAL INTELLIGENCE ACT OF 1949.—Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g)
p.(None): is amended by striking ‘‘section 103(c)(7) of the National Security Act of 1947
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3693
p.(None):
p.(None): (50 U.S.C. 403–3(c)(7))’’ and inserting ‘‘section 102A(i) of the National Security Act of 1947’’.
p.(None): (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of the Central Intelligence Agency Retirement Act
p.(None): (50 U.S.C. 2011(c)) is amended by striking ‘‘paragraph (6) of section 103(c) of the National Security Act
p.(None): of 1947 (50 U.S.C. 403–3(c)) that the Director of Central Intelligence’’ and inserting ‘‘section 102A(i) of the
...
p.(None): ‘‘(K) The elements of the Department of Homeland Security concerned with the analysis of
p.(None): intelligence information, including the Office of Intelligence of the Coast Guard.
p.(None): ‘‘(L) Such other elements of any other department or agency as may be designated by the President, or
p.(None): des- ignated jointly by the Director of National Intelligence and the head of the department or agency
p.(None): concerned, as an element of the intelligence community.’’.
p.(None): SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
p.(None): (a) REDESIGNATION.—Paragraph (6) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended
p.(None): by striking ‘‘Foreign’’.
p.(None): (b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the National Security Act of 1947 (50 U.S.C. 415a) is
p.(None): amended—
p.(None): (i) in subsection (a), by striking ‘‘National Foreign Intel- ligence Program’’ and inserting ‘‘National
p.(None): Intelligence Pro- gram’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
p.(None): (B) Section 105 of that Act (50 U.S.C. 403–5) is amended—
p.(None): (i) in paragraphs (2) and (3) of subsection (a), by striking ‘‘National Foreign Intelligence
p.(None): Program’’ and inserting ‘‘National Intelligence Program’’; and
p.(None): (ii) in the section heading, by striking ‘‘FOREIGN’’.
p.(None): (2) Section 17(f) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(f)) is amended by striking ‘‘National
p.(None): Foreign Intel- ligence Program’’ and inserting ‘‘National Intelligence Program’’.
p.(None): SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
p.(None): Section 111 of the National Security Act of 1947 (50 U.S.C.
p.(None): 404f) is repealed.
p.(None): SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
p.(None): The table of contents in the first section of the National Security Act of 1947 is amended—
p.(None): (1) by striking the items relating to sections 102 through 105 and inserting the following new items:
p.(None): ‘‘Sec. 101A. Joint Intelligence Community Council. ‘‘Sec. 102. Director of National Intelligence.
p.(None): ‘‘Sec. 102A. Responsibilities and authorities of the Director of National Intelligence. ‘‘Sec. 103. Office of the
p.(None): Director of National Intelligence.
p.(None): ‘‘Sec. 103A. Deputy Directors of National Intelligence. ‘‘Sec. 103B. National Intelligence Council.
p.(None): ‘‘Sec. 103C. General Counsel.
p.(None): ‘‘Sec. 103D. Civil Liberties Protection Officer. ‘‘Sec. 103E. Director of Science and Technology.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3695
p.(None):
p.(None): ‘‘Sec. 103F. National Counterintelligence Executive. ‘‘Sec. 104. Central Intelligence Agency.
p.(None): ‘‘Sec. 104A. Director of the Central Intelligence Agency.
p.(None): ‘‘Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence
p.(None): Program.’’;
p.(None): (2) by striking the item relating to section 111;
p.(None): (3) by striking the item relating to section 114 and inserting the following new item:
p.(None): ‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’;
p.(None): (4) by inserting after the item relating to section 118 the following new items:
p.(None): ‘‘Sec. 119. National Counterterrorism Center. ‘‘Sec. 119A. National Counter Proliferation Center. ‘‘Sec. 119B.
p.(None): National intelligence centers.
p.(None): (5) by striking the item relating to section 506 and inserting the following new item:
p.(None): ‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for counterterrorism,
p.(None): counterproliferation, counternarcotics, and counter- intelligence.’’;
p.(None):
p.(None): and
p.(None):
p.(None): (6) by inserting after the item relating to section 1001
p.(None): the following new items:
p.(None): ‘‘Sec. 1002. Framework for cross-disciplinary education and training. ‘‘Sec. 1003. Intelligence Community
p.(None): Scholarship Program.’’.
p.(None): SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE
p.(None): CENTRAL INTELLIGENCE AGENCY.
p.(None): Section 1 of the Central Intelligence Agency Act of 1949 (50
p.(None): U.S.C. 403a) is amended—
p.(None): (1) by redesignating paragraphs (a), (b), and (c) as para- graphs (1), (2), and (3), respectively; and
p.(None): (2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
p.(None): ‘‘(2) ‘Director’ means the Director of the Central Intelligence Agency; and’’.
p.(None): SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
p.(None): The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section:
p.(None): ‘‘AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
p.(None): SEC. 8K. If the Director of National Intelligence determines that an Office of Inspector General would be
p.(None): beneficial to improving the operations and effectiveness of the Office of the Director of National
p.(None): Intelligence, the Director of National Intelligence is authorized to establish, with any of the
p.(None): duties, responsibilities, and authorities set forth in this Act, an Office of Inspector General.’’.
p.(None): SEC. 1079. ETHICS MATTERS.
p.(None): (a) POLITICAL SERVICE OF PERSONNEL.—Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended—
p.(None): (1) in subclause (XII), by striking ‘‘or’’ at the end; and
p.(None):
p.(None):
p.(None): 118 STAT. 3696 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (2) by inserting after subclause (XIII) the following new subclause:
p.(None): ‘‘(XIV) the Office of the Director of National Intel- ligence; or’’.
p.(None): (b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 7342(f)(4) of title 5, United States Code, is amended—
p.(None): (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
p.(None): (2) in subparagraph (A), as so designated, by striking ‘‘the Director of Central Intelligence’’ and inserting
p.(None): ‘‘the Director of the Central Intelligence Agency’’; and
p.(None): (3) by adding at the end the following new subparagraph: ‘‘(B) In transmitting such listings for the Office of
p.(None): the Director
p.(None): of National Intelligence, the Director of National Intelligence may delete the information described in
p.(None): subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the
p.(None): Secretary of State that the publication of such information could adversely affect United States intelligence
p.(None): sources.’’.
p.(None): (c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section
p.(None):
p.(None): 5 USC app. 105.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 401 note.
p.(None): 105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting ‘‘the Office of
p.(None): the Director of National Intel- ligence,’’ before ‘‘the Central Intelligence Agency’’.
p.(None): SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIRE AND
p.(None): MANAGE PROPERTY AND SERVICES.
p.(None): Section 113(e) of title 40, United States Code, is amended—
p.(None): (1) in paragraph (18), by striking ‘‘or’’ at the end;
p.(None): (2) in paragraph (19), by striking the period at the end and inserting ‘‘; or’’; and
p.(None): (3) by adding at the end the following new paragraph: ‘‘(20) the Office of the Director of National
p.(None): Intelligence.’’.
p.(None): SEC. 1081. GENERAL REFERENCES.
p.(None): (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTEL- LIGENCE COMMUNITY.—Any reference to the
p.(None): Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s
p.(None): capacity as the head of the intelligence community in any law, regulation, document, paper, or other
p.(None): record of the United States shall be deemed to be a reference to the Director of National Intelligence.
p.(None): (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.— Any reference to the Director of Central Intelligence or
p.(None): the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central
p.(None): Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be
p.(None): deemed to be a reference to the Director of the Central Intelligence Agency.
p.(None): (c) COMMUNITY MANAGEMENT STAFF.—Any reference to the Community Management Staff in any law, regulation,
p.(None): document, paper, or other record of the United States shall be deemed to be a reference to the staff of the
...
p.(None): unless, in the judgment of the Director, the public interest so requires.’’.
p.(None): (b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 5, United States Code, is amended by adding
p.(None): at the end the fol- lowing:
p.(None): ‘‘SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
p.(None): ‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
p.(None):
p.(None): Applicability. Termination date.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None): 28 USC 509 note.
p.(None): SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPA- RATION AGE.
p.(None): (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8425(b) of title 5, United States Code, is amended—
p.(None): (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph
p.(None): (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of
p.(None): Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the pre- ceding
p.(None): sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.’’.
p.(None): SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANS- LATORS.
p.(None): Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the
p.(None): Attorney General of the United States shall submit to the Committee on the Judiciary of the Senate and
p.(None): the Committee on the Judiciary of the House of Representatives a report that contains, with respect to
p.(None): each preceding 12-month period—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3705
p.(None):
p.(None): (1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or
p.(None): other components of the Department of Justice;
p.(None): (2) any legal or practical impediments to using translators employed by the Federal, State, or local agencies
p.(None): on a full- time, part-time, or shared basis;
p.(None): (3) the needs of the Federal Bureau of Investigation for the specific translation services in certain
p.(None): languages, and rec- ommendations for meeting those needs;
p.(None): (4) the status of any automated statistical reporting system, including implementation and future viability;
p.(None): (5) the storage capabilities of the digital collection system or systems utilized;
p.(None): (6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and
p.(None): intel- ligence goals of the Federal Bureau of Investigation; and
p.(None): (7) a description of the implementation of quality control procedures and mechanisms for monitoring
p.(None): compliance with quality control procedures.
p.(None):
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None): ance.
p.(None): (8) The term ‘‘appropriate committees of Congress’’ means—
p.(None): (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Secu-
p.(None): rity, Government Reform, and the Judiciary of the House of Representatives; and
p.(None): (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security
p.(None): and Governmental Affairs, and the Judiciary of the Senate.
p.(None): (b) SELECTION OF ENTITY.—Not later than 90 days after the date of the enactment of this Act, the
p.(None): President shall select a single department, agency, or element of the executive branch to be responsible
p.(None): for—
p.(None): (1) directing day-to-day oversight of investigations and adjudications for personnel security
p.(None): clearances, including for highly sensitive programs, throughout the United States Government;
p.(None): (2) developing and implementing uniform and consistent policies and procedures to ensure the effective,
p.(None): efficient, and timely completion of security clearances and determinations for access to highly sensitive
p.(None): programs, including the standard- ization of security questionnaires, financial disclosure require- ments for
p.(None): security clearance applicants, and polygraph policies and procedures;
p.(None): (3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
p.(None): (4) ensuring reciprocal recognition of access to classified information among the agencies of the United
p.(None): States Govern- ment, including acting as the final authority to arbitrate and resolve disputes involving the
p.(None): reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3707
p.(None):
p.(None):
p.(None): (5) ensuring, to the maximum extent practicable, that suffi- cient resources are available in each agency to achieve
p.(None): clearance and investigative program goals; and
p.(None): (6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of
p.(None): investigations and granting of clearances.
p.(None): (c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—
p.(None): (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of
p.(None): this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b),
p.(None): select a single agency of the executive branch to conduct, to the maximum extent practicable, security
p.(None): clearance investigations of employees and contractor personnel of the United States Government who require access
p.(None): to classified information and to provide and maintain all security clearances of such employees and
p.(None): contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to
p.(None): conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it
...
p.(None): (1) provide necessary levels of aviation security; and
p.(None): (2) ensure that the average aviation security-related delay experienced by airline passengers is minimized.
p.(None): (b) GAO ANALYSIS.—As soon as practicable after the date on which the Assistant Secretary has developed
p.(None): standards under sub- section (a), the Comptroller General shall conduct an expedited analysis of, and submit
p.(None): a report to the appropriate congressional
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 49 USC 44703
p.(None): note. Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Standards.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3724 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): committees on, the standards for effectiveness, administrability, ease of compliance, and consistency
p.(None): with the requirements of existing law.
p.(None): (c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIA- TION SECURITY.—The Secretary of Homeland Security shall
p.(None): conduct a study of the feasibility of combining operations of Federal employees involved in
p.(None): screening at commercial airports and aviation security-related functions under the authority of the Department
p.(None): of Homeland Security in order to coordinate security-related activi- ties, increase the efficiency and
p.(None): effectiveness of those activities, and increase commercial air transportation security.
p.(None):
p.(None): 49 USC 44913
p.(None): note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2751
p.(None): note.
p.(None): SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
p.(None): (a) PLAN AND GUIDELINES.—The Assistant Secretary of Home- land Security (Transportation Security
p.(None): Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland
p.(None): Security for the use of the Transportation Security Administration $100,000,000, in addition to any amounts
p.(None): otherwise authorized by law, for the purpose of research and development of improved explosive detec-
p.(None): tion systems for aviation security under section 44913 of title 49, United States Code.
p.(None): SEC. 4025. PROHIBITED ITEMS LIST.
p.(None): Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland
p.(None): Security (Transportation Security Administration) shall complete a review of the list of items prohibited
p.(None): from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air
...
p.(None): U.S.C. 1182(d)(3)) is amended—
p.(None): (1) in subparagraph (A), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of
p.(None): paragraph (3)(E)’’; and
p.(None): (2) in subparagraph (B), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph
p.(None): (3)(E)’’.
p.(None): SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL
p.(None): KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
p.(None): Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
p.(None): 1101(f)) is amended—
p.(None): (1) by striking the period at the end of paragraph (8) and inserting ‘‘; or’’; and
p.(None): (2) by adding at the end the following:
p.(None): ‘‘(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in
p.(None): Nazi persecu- tion, participation in genocide, or commission of acts of torture or extrajudicial killings) or
p.(None): 212(a)(2)(G) (relating to severe viola- tions of religious freedom).’’.
p.(None): SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGA- TIONS.
p.(None): (a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— Section 103 of the Immigration and Nationality Act (8
p.(None): U.S.C. 1103) is amended by adding at the end the following:
p.(None): ‘‘(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of
p.(None): Special Investiga- tions with the authority to detect and investigate, and, where appropriate, to take legal
p.(None): action to denaturalize any alien described in section 212(a)(3)(E).
p.(None): ‘‘(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations
p.(None): concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E).
p.(None): ‘‘(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E),
p.(None): consideration shall be given to—
p.(None): ‘‘(A) the availability of criminal prosecution under the laws of the United States for any conduct that may
p.(None): form the basis for removal and denaturalization; or
p.(None):
p.(None):
p.(None): 118 STAT. 3742 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): ‘‘(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a
p.(None): prosecution for such conduct.’’.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—
p.(None): (1) IN GENERAL.—There are authorized to be appropriated to the Department of Justice such sums as may
p.(None): be necessary to carry out the additional duties established under section 103(h) of the Immigration and
p.(None): Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations
p.(None): fulfills its continuing obligations regarding Nazi war criminals.
p.(None): (2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu- ant to paragraph (1) are authorized to remain
p.(None): available until expended.
p.(None): SEC. 5506. REPORT ON IMPLEMENTATION.
...
p.(None): SEC. 6204. REPEAL OF REVIEW.
p.(None): Title III of Public Law 107–56 is amended by striking section 303 (31 U.S.C. 5311 note).
p.(None): SEC. 6205. EFFECTIVE DATE.
p.(None): The amendments made by this subchapter to Public Law 107– 56, the United States Code, the Federal Deposit
p.(None): Insurance Act, and any other provision of law shall take effect as if such amend- ments had been
p.(None): included in Public Law 107–56, as of the date
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 12 USC 1828
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3748 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): of enactment of such Public Law, and no amendment made by such Public Law that is inconsistent with an
p.(None): amendment made by this subchapter shall be deemed to have taken effect.
p.(None): Subtitle D—Additional Enforcement Tools
p.(None): SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
p.(None): (a) PRODUCTION OF DOCUMENTS.—Section 5114(a) of title 31, United States Code (relating to engraving and
p.(None): printing currency and security documents), is amended—
p.(None): (1) by striking ‘‘(a) The Secretary of the Treasury’’ and inserting:
p.(None): ‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary of the Treasury’’; and
p.(None): (2) by adding at the end the following new paragraphs: ‘‘(2) ENGRAVING AND PRINTING FOR OTHER
p.(None): GOVERNMENTS.— The Secretary of the Treasury may produce currency, postage stamps, and other security documents
p.(None): for foreign governments
p.(None): if—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Regulations.
p.(None): ‘‘(A) the Secretary of the Treasury determines that such production will not interfere with
p.(None): engraving and printing needs of the United States; and
p.(None): ‘‘(B) the Secretary of State determines that such production would be consistent with the foreign
p.(None): policy of the United States.
p.(None): ‘‘(3) PROCUREMENT GUIDELINES.—Articles, material, and supplies procured for use in the production of currency,
p.(None): postage stamps, and other security documents for foreign governments pursuant to paragraph (2) shall be treated in the
p.(None): same manner as articles, material, and supplies procured for public use within the United States for purposes of
p.(None): title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the Buy American
p.(None): Act).’’.
p.(None): (b) REIMBURSEMENT.—Section 5143 of title 31, United States Code (relating to payment for services of the Bureau
p.(None): of Engraving and Printing), is amended—
...
p.(None): frequency of filing of the required reports.
p.(None): ‘‘(4) FEASIBILITY REPORT.—
p.(None): ‘‘(A) IN GENERAL.—Before prescribing the regulations required under paragraph (1), and as soon as is practicable
p.(None): after the date of enactment of the National Intelligence Reform Act of 2004, the Secretary shall submit
p.(None): a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial
p.(None): Services of the House of Representatives that—
p.(None): ‘‘(i) identifies the information in cross-border elec- tronic transmittals of funds that may be found in par- ticular
p.(None): cases to be reasonably necessary to conduct the efforts of the Secretary to identify money laun- dering
p.(None): and terrorist financing, and outlines the criteria to be used by the Secretary to select the situations in
p.(None): which reporting under this subsection may be required;
p.(None): ‘‘(ii) outlines the appropriate form, manner, con- tent, and frequency of filing of the reports that may
p.(None): be required under such regulations;
p.(None): ‘‘(iii) identifies the technology necessary for the Financial Crimes Enforcement Network to receive,
p.(None): keep, exploit, protect the security of, and disseminate information from reports of cross-border
p.(None): electronic transmittals of funds to law enforcement and other entities engaged in efforts against money
p.(None): laundering and terrorist financing; and
p.(None): ‘‘(iv) discusses the information security protections required by the exercise of the Secretary’s authority
p.(None): under this subsection.
p.(None): ‘‘(B) CONSULTATION.—In reporting the feasibility report under subparagraph (A), the Secretary may consult with
p.(None):
p.(None):
p.(None): 118 STAT. 3750 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): the Bank Secrecy Act Advisory Group established by the Secretary, and any other group considered by the
p.(None): Secretary to be relevant.
p.(None): ‘‘(5) REGULATIONS.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Certification.
p.(None): ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the regulations required by paragraph (1) shall be
p.(None): prescribed in final form by the Secretary, in consultation with the Board of Governors of the Federal Reserve
p.(None): System, before the end of the 3-year period beginning on the date of enactment of the National Intelligence
p.(None): Reform Act of 2004. ‘‘(B) TECHNOLOGICAL FEASIBILITY.—No regulations
p.(None): shall be prescribed under this subsection before the Sec- retary certifies to the Congress that the
p.(None): Financial Crimes Enforcement Network has the technological systems in place to effectively and efficiently
p.(None): receive, keep, exploit, protect the security of, and disseminate information from reports of cross-border
p.(None): electronic transmittals of funds to law enforcement and other entities engaged in efforts against
p.(None): money laundering and terrorist financing.’’.
p.(None): SEC. 6303. TERRORISM FINANCING.
p.(None): (a) REPORT ON TERRORIST FINANCING.—
p.(None): (1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the President, acting
...
p.(None): 8(a) of the International Banking Act of 1978.
p.(None): ‘‘(3) RULES OF CONSTRUCTION.—For purposes of this sub- section, a foreign bank shall be deemed to
p.(None): control any branch or agency of the foreign bank, and a person shall be deemed to act as a consultant
p.(None): for a depository institution, depository institution holding company, or other company, only if such person
p.(None): directly works on matters for, or on behalf of, such depository institution, depository institution
p.(None): holding company, or other company.
p.(None): ‘‘(4) REGULATIONS.—
p.(None): ‘‘(A) IN GENERAL.—Each Federal banking agency shall prescribe rules or regulations to administer and carry out
p.(None): this subsection, including rules, regulations, or guidelines
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Applicability.
p.(None):
p.(None):
p.(None): 118 STAT. 3752 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): to define the scope of persons referred to in paragraph (1)(B).
p.(None): ‘‘(B) CONSULTATION REQUIRED.—The Federal banking agencies shall consult with each other for the purpose of
p.(None): assuring that the rules and regulations issued by the agencies under subparagraph (A) are, to the extent
p.(None): possible, consistent, comparable, and practicable, taking into account any differences in the supervisory programs
p.(None): utilized by the agencies for the supervision of depository institutions and depository institution holding
p.(None): companies.
p.(None): ‘‘(5) WAIVER.—
p.(None): ‘‘(A) AGENCY AUTHORITY.—A Federal banking agency may grant a waiver, on a case by case basis, of the restric- tion
p.(None): imposed by this subsection to any officer or employee (including any special Government employee) of that
p.(None): agency, and the Board of Governors of the Federal Reserve System may grant a waiver of the restriction imposed
p.(None): by this subsection to any officer or employee of a Federal reserve bank, if the head of such agency certifies
p.(None): in writing that granting the waiver would not affect the integrity of the supervisory program of the relevant
p.(None): Federal banking agency.
p.(None): ‘‘(B) DEFINITION.—For purposes of this paragraph, the head of an agency is—
p.(None): ‘‘(i) the Comptroller of the Currency, in the case of the Office of the Comptroller of the Currency;
p.(None): ‘‘(ii) the Chairman of the Board of Governors of the Federal Reserve System, in the case of the Board
p.(None): of Governors of the Federal Reserve System;
p.(None): ‘‘(iii) the Chairperson of the Board of Directors, in the case of the Corporation; and
p.(None): ‘‘(iv) the Director of the Office of Thrift Super- vision, in the case of the Office of Thrift
p.(None): Supervision.
p.(None): ‘‘(6) PENALTIES.—
p.(None): ‘‘(A) IN GENERAL.—In addition to any other administra- tive, civil, or criminal remedy or penalty that may
p.(None): other- wise apply, whenever a Federal banking agency determines that a person subject to paragraph (1) has
p.(None): become associ- ated, in the manner described in paragraph (1)(C), with a depository institution, depository
...
p.(None): recommendations to Congress, the Attorney General shall consider—
p.(None): (1) the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal
p.(None): history information checks;
p.(None): (2) any security concerns created by the existence of these commercially available databases concerning their
p.(None): ability to provide sensitive information that is not readily available about law enforcement or intelligence
p.(None): officials, including their identity, residence, and financial status;
p.(None): (3) the effectiveness of utilizing State databases;
p.(None): (4) any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau
p.(None): of Inves- tigation to establish a system to provide criminal history information;
p.(None): (5) privacy rights and other employee protections, including—
p.(None): (A) employee consent;
p.(None): (B) access to the records used if employment was denied;
p.(None): (C) the disposition of the fingerprint submissions after the records are searched;
p.(None): (D) an appeal mechanism; and
p.(None): (E) penalties for misuse of the information;
p.(None): (6) the scope and means of processing background checks for private employers utilizing data maintained by the
p.(None): Federal Bureau of Investigation that the Attorney General should be allowed to authorize in cases where
p.(None): the authority for such checks is not available at the State level;
p.(None): (7) any restrictions that should be placed on the ability of an employer to charge an employee or prospective
p.(None): employee for the cost associated with the background check;
p.(None): (8) which requirements should apply to the handling of incomplete records;
p.(None): (9) the circumstances under which the criminal history information should be disseminated to the employer;
p.(None): (10) the type of restrictions that should be prescribed for the handling of criminal history information
p.(None): by an employer;
p.(None): (11) the range of Federal and State fees that might apply to such background check requests;
p.(None): (12) any requirements that should be imposed concerning the time for responding to such background check
p.(None): requests;
p.(None): (13) any infrastructure that may need to be developed to support the processing of such checks, including—
p.(None): (A) the means by which information is collected and submitted in support of the checks; and
p.(None): (B) the system capacity needed to process such checks at the Federal and State level;
p.(None): (14) the role that States should play; and
p.(None): (15) any other factors that the Attorney General determines to be relevant to the subject of the report.
p.(None): (e) CONSULTATION.—In developing the report under this section, the Attorney General shall consult with
p.(None): representatives of State
p.(None): Procedures.
p.(None):
p.(None):
p.(None): 118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
...
p.(None): advice or assistance, safehouses, false documentation or identification, communications equip- ment,
p.(None): facilities, weapons, lethal substances, explosives, per- sonnel (1 or more individuals who may be or
p.(None): include oneself), and transportation, except medicine or religious materials;
p.(None): ‘‘(2) the term ‘training’ means instruction or teaching designed to impart a specific skill, as opposed
p.(None): to general knowl- edge; and
p.(None): ‘‘(3) the term ‘expert advice or assistance’ means advice or assistance derived from scientific, technical or
p.(None): other special- ized knowledge.’’.
p.(None): (c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section
p.(None): 2339B(a)(1) of title 18, United States Code, is amended—
p.(None): (1) by striking ‘‘, within the United States or subject to the jurisdiction of the United States,’’; and
p.(None): (2) by adding at the end the following: ‘‘To violate this paragraph, a person must have knowledge that the
p.(None): organization
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3763
p.(None):
p.(None): is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages
p.(None): in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that
p.(None): the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign
p.(None): Relations Authorization Act, Fiscal Years 1988 and 1989).’’.
p.(None): (d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is amended by striking ‘‘There’’ and inserting the
p.(None): following:
p.(None): ‘‘(1) IN GENERAL.—There is jurisdiction over an offense under subsection (a) if—
p.(None): ‘‘(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and
p.(None): Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United
p.(None): States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
p.(None): ‘‘(B) an offender is a stateless person whose habitual resi- dence is in the United States;
p.(None): ‘‘(C) after the conduct required for the offense occurs an offender is brought into or found in the
p.(None): United States, even if the conduct required for the offense occurs outside the United States;
p.(None): ‘‘(D) the offense occurs in whole or in part within the United States;
p.(None): ‘‘(E) the offense occurs in or affects interstate or foreign commerce; or
p.(None): ‘‘(F) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an
p.(None): offense under subsection (a) or conspires with any person over whom jurisdiction exists under this
p.(None): paragraph to commit an offense under subsection (a).’’.
p.(None): ‘‘(2) EXTRATERRITORIAL JURISDICTION.—There’’.
p.(None): (e) DEFINITION.—Section 2339B(g)(4) of title 18, United States Code, is amended to read as follows:
p.(None): ‘‘(4) the term ‘material support or resources’ has the same meaning given that term in section 2339A (including the
p.(None): defini- tions of ‘training’ and ‘expert advice or assistance’ in that section);’’.
...
p.(None): nuclear materials),’’.
p.(None): SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES.
p.(None): (a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is amended by striking ‘‘in the
p.(None): production of any special nuclear material’’ and inserting ‘‘or participate in the development or production of any
p.(None): special nuclear material’’.
p.(None): (b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended—
p.(None): (1) by inserting ‘‘, inside or outside of the United States,’’ after ‘‘for any person’’; and
p.(None): (2) by inserting ‘‘participate in the development of,’’ after ‘‘interstate or foreign commerce,’’.
p.(None): (c) Title 18, United States Code, is amended—
p.(None): (1) in the table of sections at the beginning of chapter 39, by inserting after the item relating to
p.(None): section 831 the following:
p.(None): ‘‘832. Participation in nuclear and weapons of mass destruction threats to the United States.’’;
p.(None): (2) by inserting after section 831 the following:
p.(None): ‘‘§ 832. Participation in nuclear and weapons of mass destruc- tion threats to the United States
p.(None): ‘‘(a) Whoever, within the United States or subject to the jurisdic- tion of the United States, willfully
p.(None): participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear
p.(None): weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or
p.(None): conspires to do so, shall be imprisoned for not more than 20 years.
p.(None): ‘‘(b) There is extraterritorial Federal jurisdiction over an offense under this section.
p.(None): ‘‘(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess
p.(None): a radiological weapon, or threatens to use or uses a radiological weapon against any person within the
p.(None): United States, or a national of the United States while such national is outside of the United States or
p.(None): against any property that is owned, leased, funded, or used by the United States, whether that property
p.(None): is within or outside of the United States, shall be imprisoned for any term of years or for life.
p.(None): ‘‘(d) As used in this section—
p.(None): ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production
p.(None): of any nuclear weapon or weapons;
p.(None): ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition,
p.(None): or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
p.(None): ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration
p.(None): and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export
p.(None): Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
p.(None): ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section
p.(None): 831(f)(1).’’; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769
p.(None):
p.(None):
p.(None): (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating
...
p.(None): the United States.
p.(None): SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following:
p.(None): ‘‘§ 2332g. Missile systems designed to destroy aircraft
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the
p.(None): rocket or missile to—
p.(None): ‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an
p.(None): aircraft; or
p.(None): ‘‘(ii) otherwise direct or guide the rocket or missile to an aircraft;
p.(None): ‘‘(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
p.(None): ‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a
p.(None): rocket, missile, or device described in subparagraph (A) or (B). ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not
p.(None): apply to any
p.(None): device that is neither designed nor redesigned for use as a weapon.
p.(None): ‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof or of
p.(None): a State or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof or with a State or any department or agency thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3771
p.(None):
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
...
p.(None): $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person
p.(None): who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and
p.(None): threatens to use, any atomic weapon shall be fined not more than $2,000,000
p.(None):
p.(None):
p.(None): 118 STAT. 3772 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from
p.(None): a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by
p.(None): imprisonment for life.’’.
p.(None): SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
p.(None): Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following:
p.(None): ‘‘§ 2332h. Radiological dispersal devices
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use,
p.(None): or possess and threaten to use—
p.(None): ‘‘(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to
p.(None): human life; or
p.(None): ‘‘(B) any device or other object that is capable of and designed or intended to endanger human life
p.(None): through the release of radiation or radioactivity.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply with respect to—
p.(None): ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof; or
p.(None): ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency
p.(None): thereof.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
p.(None): imprisoned for life.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3773
p.(None):
p.(None): ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection
p.(None): (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.’’.
p.(None): SEC. 6906. VARIOLA VIRUS.
p.(None): Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
p.(None): ‘‘§ 175c. Variola virus
p.(None): ‘‘(a) UNLAWFUL CONDUCT.—
p.(None): ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
p.(None): produce, engi- neer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or
p.(None): use, or possess and threaten to use, variola virus.
p.(None): ‘‘(2) EXCEPTION.—This subsection does not apply to conduct by, or under the authority of, the Secretary of
p.(None): Health and Human Services.
p.(None): ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
p.(None): ‘‘(1) the offense occurs in or affects interstate or foreign commerce;
p.(None): ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States;
p.(None): ‘‘(3) the offense is committed against a national of the United States while the national is outside
p.(None): the United States; ‘‘(4) the offense is committed against any property that
p.(None): is owned, leased, or used by the United States or by any department or agency of the United States, whether
p.(None): the prop- erty is within or outside the United States; or
p.(None): ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing
p.(None): an offense under this section or conspires with any person over whom jurisdiction exists under this
p.(None): subsection to commit an offense under this section.
p.(None): ‘‘(c) CRIMINAL PENALTIES.—
p.(None): ‘‘(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be
p.(None): fined not more than $2,000,000 and shall be sentenced to a term of imprison- ment not less than 25 years or to
p.(None): imprisonment for life.
p.(None): ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses,
p.(None): attempts or con- spires to use, or possesses and threatens to use, any item or items described in
p.(None): subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or
...
p.(None): prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements
p.(None): in the instruction of law enforcement personnel (including human rights training), and for the promotion of
p.(None): civilian police roles
p.(None): that support democracy;
p.(None): ‘‘(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
p.(None): ‘‘(iv) support for the effective administration of justice at the national, regional, and local
p.(None): levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to
p.(None): establish a responsible and community-based police force;
p.(None): ‘‘(v) support to increase the transparency, account- ability, and participatory nature of governmental
p.(None): institutions, including programs designed to combat corruption and other programs for the promotion of good
p.(None): governance, such as the development of regula- tions relating to financial disclosure for public officials,
p.(None): political parties, and candidates for public office, and transparent budgeting processes and financial manage-
p.(None): ment systems;
p.(None): ‘‘(vi) support for establishment of a central bank and central budgeting authority;
p.(None): ‘‘(vii) support for international organizations that provide civil advisers to the Government of Afghani-
p.(None): stan; and
p.(None): ‘‘(viii) support for Afghan and international efforts to investigate human rights atrocities committed in
p.(None): Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including
p.(None): the collection of forensic evidence relating to such atrocities.
p.(None): ‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
p.(None): development of democratic institutions in Afghanistan, including assistance for—
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785
p.(None):
p.(None): ‘‘(i) international monitoring and observing of, and the promotion of, free and fair elections;
p.(None): ‘‘(ii) strengthening democratic political parties; ‘‘(iii) international exchanges and professional
p.(None): training for members or officials of government, polit- ical, and civic or other nongovernmental entities;
p.(None): ‘‘(iv) national, regional, and local elections and political party development;
p.(None): ‘‘(v) an independent media;
p.(None): ‘‘(vi) programs that support the expanded partici- pation of women and members of all ethnic groups in
p.(None): government at national, regional, and local levels; and
p.(None): ‘‘(vii) programs to strengthen civil society organiza- tions that promote human rights, including religious
...
p.(None): personnel in Afghanistan; and
p.(None): ‘‘(3) the United States, in conjunction with the Government of Afghanistan and coalition partners, should
p.(None): undertake addi- tional efforts to reduce illegal drug trafficking and related activities that provide
p.(None): financial support for terrorist organiza- tions in Afghanistan and neighboring countries.
p.(None): ‘‘(b) REPORT REQUIRED.—(1) The Secretary of Defense and the Secretary of State shall jointly prepare a
p.(None): report that describes— ‘‘(A) the progress made toward substantially reducing poppy cultivation and heroin
p.(None): production capabilities in Afghanistan;
p.(None): and
p.(None): ‘‘(B) the extent to which profits from illegal drug activity in Afghanistan are used to financially
p.(None): support terrorist organizations and groups seeking to undermine the Government of Afghanistan.
p.(None): ‘‘(2) The report required by this subsection shall be submitted to Congress not later than 120 days after the
p.(None): date of the enactment of the 9/11 Recommendations Implementation Act.’’.
p.(None): (3) CLERICAL AMENDMENT.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by
p.(None): striking the items relating to sections 207 and 208 and inserting the following:
p.(None):
p.(None): ‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghani- stan.
p.(None): ‘‘Sec. 208. Relationship to other authority. ‘‘Sec. 209. Authorization of appropriations.’’.
p.(None): (k) ADDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUP-
p.(None): PORT ACT OF 2002.—
p.(None): (1) EXTENSION OF REPORTS ON IMPLEMENTATION OF STRATEGY.—Section 206(c)(2) of the Afghanistan
p.(None): Freedom Sup- port Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A)
p.(None): by striking ‘‘2007’’ and inserting ‘‘2010’’.
p.(None): (2) TECHNICAL AMENDMENT.—Section 103(a)(7)(A)(xii) of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is
p.(None): amended by striking ‘‘National’’ and inserting ‘‘Afghan Independent’’.
p.(None): (l) REPEAL OF PROHIBITION ON ASSISTANCE.—Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C.
p.(None): 2374; relating to prohibition on assistance to Afghanistan) is repealed.
p.(None): (m) AUTHORIZATION OF APPROPRIATIONS.—Section 108(a) of the Afghanistan Freedom Assistance Act of 2002 (22
p.(None): U.S.C. 7518(a)) is amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ and all that follows and
p.(None): inserting ‘‘such sums as may be necessary for each of the fiscal years 2005 and 2006.’’.
p.(None): SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) Despite a long history of friendly relations with the United States, there have been problems in
p.(None): cooperation between the United States and Saudi Arabia.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3789
p.(None):
p.(None): (2) The Government of Saudi Arabia has not always responded promptly or fully to United States requests
...
p.(None): (2) Exchange, scholarship, and library programs can expose young people from other countries to United States
p.(None): values and offer them knowledge and hope.
p.(None): (b) DECLARATION OF POLICY.—Consistent with the report of the National Commission on Terrorist Attacks
p.(None): Upon the United States, Congress declares that—
p.(None): (1) the United States should commit to a long-term and sustainable investment in promoting engagement
p.(None): with people of all levels of society in countries with predominantly Muslim populations, particularly with youth
p.(None): and those who influence youth;
p.(None): (2) such an investment should make use of the talents and resources in the private sector and should include
p.(None): programs to increase the number of people who can be exposed to the United States and its fundamental
p.(None): ideas and values in order to dispel misconceptions; and
p.(None): (3) such programs should include youth exchange programs, young ambassadors programs, international visitor
p.(None): programs, academic and cultural exchange programs, American Corner programs, library programs, journalist
p.(None): exchange programs, sister city programs, and other programs related to people- to-people diplomacy.
p.(None): (c) SENSE OF CONGRESS.—It is the sense of Congress that the United States should significantly increase
p.(None): its investment in the people-to-people programs described in subsection (b).
p.(None): (d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES.—The President is authorized to
p.(None): substantially expand the exchange, scholarship, and library programs of the United States, especially such
p.(None): programs that benefit people in the Muslim world.
p.(None): (e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in each of the fiscal years
p.(None): 2005 and 2006 for educational and cultural exchange programs, there shall be avail- able to the Secretary
p.(None): of State such sums as may be necessary
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797
p.(None):
p.(None):
p.(None): to carry out programs under this section, unless otherwise author- ized by Congress.
p.(None): SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN- SPONSORED SCHOOLS IN PREDOMINANTLY
p.(None): MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
p.(None): (a) FINDINGS.—Congress makes the following findings:
p.(None): (1) During the 2003–2004 school year, the Office of Over- seas Schools of the Department of State is
p.(None): financially assisting
p.(None): 189 elementary and secondary schools in foreign countries.
p.(None): (2) United States-sponsored elementary and secondary schools are located in more than 20 countries
p.(None): with predomi- nantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
p.(None): (3) United States-sponsored elementary and secondary schools provide an American-style education in
...
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 22 USC 2656
p.(None): note.
p.(None):
p.(None):
p.(None): 118 STAT. 3800 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (b) IN GENERAL.—The Secretary of State is authorized in con- sultation with relevant United States Government
p.(None): agencies, to nego- tiate on a bilateral or multilateral basis, as appropriate, inter- national agreements
p.(None): under which parties to an agreement work in partnership to address and interdict acts of international
p.(None): ter- rorism.
p.(None): (c) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM.—
p.(None): (1) SENSE OF CONGRESS.—It is the sense of Congress that the President—
p.(None): (A) should seek to engage the leaders of the govern- ments of other countries in a process of advancing beyond
p.(None): separate and uncoordinated national counterterrorism strategies to develop with those other governments a com-
p.(None): prehensive multilateral strategy to fight terrorism; and
p.(None): (B) to that end, should seek to establish an inter- national counterterrorism policy contact group with
p.(None): the leaders of governments providing leadership in global counterterrorism efforts and governments of
p.(None): countries with sizable Muslim populations, to be used as a ready and flexible international means for
p.(None): discussing and coordinating the development of important counterterrorism policies by the participating
p.(None): governments.
p.(None):
p.(None): President. Establishment.
p.(None): (2) AUTHORITY.—The President is authorized to establish an international counterterrorism policy contact
p.(None): group with the leaders of governments referred to in paragraph (1) for the following purposes:
p.(None): (A) To meet annually, or more frequently as the Presi- dent determines appropriate, to develop in common with
p.(None): such other governments important policies and a strategy that address the various components of
p.(None): international prosecution of the war on terrorism, including policies and a strategy that address military issues,
p.(None): law enforcement, the collection, analysis, and dissemination of intelligence, issues relating to
p.(None): interdiction of travel by terrorists, counterterrorism-related customs issues, financial issues, and issues
p.(None): relating to terrorist sanctuaries.
p.(None): (B) To address, to the extent (if any) that the President and leaders of other participating governments
p.(None): determine appropriate, long-term issues that can contribute to strengthening stability and security in
p.(None): the Middle East.
p.(None): SEC. 7118. FINANCING OF TERRORISM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
p.(None): States, Congress makes the following findings:
p.(None): (1) The death or capture of several important financial facilitators has decreased the amount of money
p.(None): available to al Qaeda, and has made it more difficult for al Qaeda to raise and move money.
p.(None): (2) The capture of al Qaeda financial facilitators has pro- vided a windfall of intelligence that can
p.(None): be used to continue the cycle of disruption.
...
p.(None): fraudulent passports and other travel documents;
p.(None): (D) encourage countries—
p.(None): (i) to criminalize—
p.(None):
p.(None):
p.(None): 118 STAT. 3816 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (I) the falsification or counterfeiting of travel documents or breeder documents for any purpose;
p.(None): (II) the use or attempted use of false docu- ments to obtain a visa or cross a border for any
p.(None): purpose;
p.(None): (III) the possession of tools or implements used to falsify or counterfeit such documents;
p.(None): (IV) the trafficking in false or stolen travel documents and breeder documents for any purpose;
p.(None): (V) the facilitation of travel by a terrorist;
p.(None):
p.(None): and
p.(None): (VI) attempts to commit, including conspir-
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Certification.
p.(None): acies to commit, the crimes specified in subclauses
p.(None): (I) through (V);
p.(None): (ii) to impose significant penalties to appropriately punish violations and effectively deter the crimes speci- fied in
p.(None): clause (i); and
p.(None): (iii) to limit the issuance of citizenship papers, passports, identification documents, and similar docu-
p.(None): ments to persons—
p.(None): (I) whose identity is proven to the issuing authority;
p.(None): (II) who have a bona fide entitlement to or need for such documents; and
p.(None): (III) who are not issued such documents prin- cipally on account of a disproportional payment made by them or
p.(None): on their behalf to the issuing authority;
p.(None): (E) provide technical assistance to countries to help them fully implement such measures; and
p.(None): (F) permit immigration and border officials—
p.(None): (i) to confiscate a lost, stolen, or falsified passport at ports of entry;
p.(None): (ii) to permit the traveler to return to the sending country without being in possession of the lost, stolen, or
p.(None): falsified passport; and
p.(None): (iii) to detain and investigate such traveler upon the return of the traveler to the sending country.
p.(None): (3) INTERNATIONAL CIVIL AVIATION ORGANIZATION.—The United States shall lead efforts to track and curtail the
p.(None): travel of terrorists by supporting efforts at the International Civil Aviation Organization to continue to
p.(None): strengthen the security features of passports and other travel documents.
p.(None): (c) REPORT.—
p.(None): (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and at least annually
p.(None): thereafter, the President shall submit to the appropriate congressional committees a report on progress
p.(None): toward achieving the goals described in subsection (b).
p.(None): (2) TERMINATION.—Paragraph (1) shall cease to be effective when the President certifies to the Committee on
p.(None): International Relations of the House of Representatives and the Committee on Foreign Relations of the
p.(None): Senate that the goals described in subsection (b) have been fully achieved.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3817
p.(None):
p.(None):
p.(None): SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET FOR
p.(None): INTER- NATIONAL TRAVEL DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
...
p.(None): across multiple agencies.
p.(None): (3) DATA MAINTENANCE PROCEDURES.—Heads of agencies that have databases or data systems linked to the
p.(None): entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for
p.(None): collecting, removing, and updating data maintained in, and adding information to, such databases or data
p.(None): systems that ensure the accuracy and integ- rity of the data and for limiting access to the information in
p.(None): the databases or data systems to authorized personnel.
p.(None): (4) REQUIREMENTS.—The rules, guidelines, policies, and procedures established under this subsection shall—
p.(None): (A) incorporate a simple and timely method for—
p.(None): (i) correcting errors in a timely and effective manner;
p.(None): (ii) determining which government officer provided data so that the accuracy of the data can be
p.(None): ascertained; and
p.(None): (iii) clarifying information known to cause false hits or misidentification errors;
p.(None): (B) include procedures for individuals to—
p.(None): (i) seek corrections of data contained in the data- bases or data systems; and
p.(None): (ii) appeal decisions concerning data contained in the databases or data systems;
p.(None): (C) strictly limit the agency personnel authorized to enter data into the system;
p.(None): (D) identify classes of information to be designated as temporary or permanent entries, with corresponding
p.(None): expiration dates for temporary entries; and
p.(None): (E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
p.(None): (5) CENTRALIZING AND STREAMLINING CORRECTION PROCESS.—
p.(None):
p.(None): President. Establishment.
p.(None): (A) IN GENERAL.—The President, or agency director designated by the President, shall establish a clearinghouse
p.(None): bureau in the Department of Homeland Security, to cen- tralize and streamline the process through which members
p.(None): of the public can seek corrections to erroneous or inaccurate
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3821
p.(None):
p.(None): information contained in agency databases, which is related to immigration status, or which otherwise impedes
p.(None): lawful admission to the United States.
p.(None): (B) TIME SCHEDULES.—The process described in subparagraph (A) shall include specific time
p.(None): schedules for reviewing data correction requests, rendering decisions on such requests, and implementing
p.(None): appropriate corrective action in a timely manner.
p.(None): (g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.— The biometric entry and exit data system shall
p.(None): facilitate efficient immigration benefits processing by—
p.(None): (1) ensuring that the system’s tracking capabilities encom- pass data related to all immigration benefits
p.(None): processing, including—
p.(None): (A) visa applications with the Department of State;
p.(None): (B) immigration related filings with the Department of Labor;
p.(None): (C) cases pending before the Executive Office for Immigration Review; and
p.(None): (D) matters pending or under investigation before the Department of Homeland Security;
p.(None): (2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under
...
p.(None): of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be
p.(None): controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under
p.(None): their control on the passage of an approval resolution, allot additional time to any Senator during the consideration
p.(None): of any debatable motion or appeal.
p.(None): (D) LIMIT ON DEBATE.—A motion in the Senate to fur- ther limit debate is not debatable. A motion to recommit
p.(None): an approval resolution is not in order.
p.(None): (c) DEFAULT STANDARDS.—
p.(None):
p.(None): Deadline.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None): (1) IN GENERAL.—If the standards proposed under sub- section (a)(1)(A) are not approved pursuant to the
p.(None): procedures described in subsection (b), then not later than 1 year after rejection by a vote of
p.(None): either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present,
p.(None): for identification purposes—
p.(None): (A) a valid, unexpired passport;
p.(None): (B) domestically issued documents that the Secretary of Homeland Security designates as reliable for
p.(None): identifica- tion purposes;
p.(None): (C) any document issued by the Attorney General or the Secretary of Homeland Security under the
p.(None): authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality
p.(None): Act (8 U.S.C. 1101(a)(17)); or
p.(None): (D) a document issued by the country of nationality of any alien not required to possess a passport
p.(None): for admis- sion to the United States that the Secretary designates as reliable for identifications purposes
p.(None): (2) EXCEPTION.—The documentary requirements described in paragraph (1)—
p.(None): (A) shall not apply to individuals below the age of 17, or such other age as determined by the
p.(None): Secretary of Homeland Security;
p.(None): (B) may be waived by the Secretary of Homeland Secu- rity in the case of an unforeseen medical emergency.
p.(None): (d) RECOMMENDATION TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary
p.(None): of Homeland Security shall recommend to Congress—
p.(None): (1) categories of Federal facilities that the Secretary deter- mines to be at risk for terrorist attack and requiring
p.(None): minimum identification standards for access to such facilities; and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3839
p.(None):
p.(None): (2) appropriate minimum identification standards to gain access to those facilities.
p.(None): Subtitle C—National Preparedness
p.(None): SEC. 7301. THE INCIDENT COMMAND SYSTEM.
p.(None): (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United
...
p.(None): fire, rescue, emergency health and medical services, transportation, communications, public
p.(None): works and engineering, mass care, and other support that require human resources, equipment, facilities
p.(None): or services supple- mental to or greater than the requesting jurisdiction can provide.
p.(None): (10) STATE.—The term ‘‘State’’ means the State of Mary- land, the Commonwealth of Virginia, and the
p.(None): District of Columbia.
p.(None): (11) TRAINING.—The term ‘‘training’’ means emergency and public service event-related exercises, testing, or other
p.(None): activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid
p.(None): by National Capital Region jurisdictions during emergencies or public service events, such actions
p.(None): occurring outside actual emergency or public service event periods.
p.(None): (b) MUTUAL AID AUTHORIZED.—
p.(None): (1) IN GENERAL.—The mayor of the District of Columbia, any authorized representative of the Federal
p.(None): Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia,
p.(None): or the chief operating officer of a locality, or their designees, acting within his or her jurisdic- tional
p.(None): purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid
p.(None): agreements with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan
p.(None): Washington Airports Authority, and any other governmental agency or authority for—
p.(None): (A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications,
p.(None): public works and engineering, mass care, and resource support in an emergency or public service event;
p.(None): (B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event;
p.(None): and
p.(None): (C) training for any of the activities described under subparagraphs (A) and (B).
p.(None): (2) FACILITATING LOCALITIES.—The State of Maryland and the Commonwealth of Virginia are encouraged to
p.(None): facilitate the ability of localities to enter into interstate mutual aid agreements in the National Capital
p.(None): Region under this section.
p.(None): (3) APPLICATION AND EFFECT.—This section—
p.(None): (A) does not apply to law enforcement security oper- ations at special events of national significance under
p.(None): sec- tion 3056(e) of title 18, United States Code, or other law enforcement functions of the United States
p.(None): Secret Service;
p.(None): (B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid
p.(None): agree- ments in furtherance of their Federal missions; and
p.(None): (C) does not—
p.(None): (i) preclude any party from entering into supple- mentary Mutual Aid Agreements with fewer than all the
p.(None): parties, or with another party; or
p.(None): (ii) affect any other agreement in effect before the date of enactment of this Act among the States
p.(None):
p.(None):
...
p.(None): shall ensure the ability of all levels of government agencies, emergency response providers (as defined in
p.(None): section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), and other organizations with emergency
p.(None): response capabilities—
p.(None): ‘‘(1) to communicate with each other in the event of an emergency; and
p.(None): ‘‘(2) to have appropriate and timely access to the Informa- tion Sharing Environment described in section 1016
p.(None): of the National Security Intelligence Reform Act of 2004.’’.
p.(None): (e) MULTIYEAR INTEROPERABILITY GRANTS.—
p.(None): (1) MULTIYEAR COMMITMENTS.—In awarding grants to any State, region, local government, or Indian tribe for the purposes
p.(None): of enhancing interoperable communications capabilities for emergency response providers, the Secretary
p.(None): may commit to obligate Federal assistance beyond the current fiscal year, sub- ject to the limitations and
p.(None): restrictions in this subsection.
p.(None): (2) RESTRICTIONS.—
p.(None): (A) TIME LIMIT.—No multiyear interoperability commit- ment may exceed 3 years in duration.
p.(None): (B) AMOUNT OF COMMITTED FUNDS.—The total amount of assistance the Secretary has committed to obligate for
p.(None): any future fiscal year under paragraph (1) may not exceed
p.(None): $150,000,000.
p.(None): (3) LETTERS OF INTENT.—
p.(None): (A) ISSUANCE.—Pursuant to paragraph (1), the Sec- retary may issue a letter of intent to an applicant commit-
p.(None): ting to obligate from future budget authority an amount, not more than the Federal Government’s share of
p.(None): the project’s cost, for an interoperability communications project (including interest costs and costs
p.(None): of formulating the project).
p.(None): (B) SCHEDULE.—A letter of intent under this paragraph shall establish a schedule under which the Secretary will
p.(None): reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become
p.(None): available, if the applicant, after the Secretary issues the letter, carries out the project before receiving
p.(None): amounts under a grant issued by the Secretary.
p.(None): (C) NOTICE TO SECRETARY.—An applicant that is issued a letter of intent under this subsection shall
p.(None): notify the Secretary of the applicant’s intent to carry out a project pursuant to the letter before the
p.(None): project begins.
p.(None): (D) NOTICE TO CONGRESS.—The Secretary shall transmit a written notification to the Congress no
p.(None): later than 3 days before the issuance of a letter of intent under this section.
p.(None): (E) LIMITATIONS.—A letter of intent issued under this section is not an obligation of the Government under
p.(None): section 1501 of title 31, United States Code, and is not deemed
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
p.(None): systems; and
p.(None): ‘‘(E) emphasize the importance of sound AML and CFT regimes to global growth and development.’’.
p.(None): (b) TESTIMONY.—Section 1705(b) of the International Financial Institutions Act (22 U.S.C. 262r–4(b)) is amended—
p.(None): (1) in paragraph (2), by striking ‘‘and’’ at the end;
p.(None): (2) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and
p.(None): (3) by adding at the end the following:
p.(None): ‘‘(4) the status of implementation of international anti- money laundering and counterterrorist financing
p.(None): standards by the International Monetary Fund, the multilateral development banks, and other multilateral financial
p.(None): policymaking bodies.’’.
p.(None):
p.(None): 31 USC 5311
p.(None): note.
p.(None): SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
p.(None): The Secretary of the Treasury, or the designee of the Secretary, as the lead United States Government official
p.(None): to the Financial Action Task Force (FATF), shall continue to convene the interagency United States Government FATF
p.(None): working group. This group, which includes representatives from all relevant Federal agencies, shall meet at
p.(None): least once a year to advise the Secretary on policies to be pursued by the United States regarding the
p.(None): development of common international AML and CFT standards, to assess the ade- quacy and implementation of such
p.(None): standards, and to recommend to the Secretary improved or new standards, as necessary.
p.(None):
p.(None): Subtitle H—Emergency Financial Preparedness
p.(None): SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
p.(None): Section 306(d) of title 31, United States Code, is amended by inserting ‘‘or employee’’ after ‘‘another
p.(None): officer’’.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3861
p.(None):
p.(None): SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDU- CATION.
p.(None): (a) FINDINGS.—Congress finds that the Secretary of the Treasury—
p.(None): (1) has successfully communicated and coordinated with the private-sector financial services industry about
p.(None): financial infrastructure preparedness and response issues;
p.(None): (2) has successfully reached out to State and local govern- ments and regional public-private partnerships,
p.(None): such as ChicagoFIRST, that protect employees and critical infrastruc- ture by enhancing communication and
p.(None): coordinating plans for disaster preparedness and business continuity; and
p.(None): (3) has set an example for the Department of Homeland Security and other Federal agency partners,
p.(None): whose active participation is vital to the overall success of the activities described in paragraphs (1) and
p.(None): (2).
p.(None): (b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury, in consultation
p.(None): with the Secretary of Homeland Security, other Federal agency partners, and private- sector financial organization
p.(None): partners, should—
...
p.(None): services industry; and
p.(None):
p.(None): (B) how the consumers and employees of the financial
p.(None): services industry can assist the public and private sector organizations involved in such activities; and
p.(None): (2) submit annual reports to Congress on efforts to accom- plish subparagraphs (A) and (B) of paragraph (1).
p.(None): (c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.—Before the end of the 6-month period beginning on the date of
p.(None): enactment of this Act, the Secretary of the Treasury shall submit a report to the Committee on Financial
p.(None): Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the
p.(None): Senate containing—
p.(None): (1) information on the efforts that the Department of the Treasury has made to encourage the formation of
p.(None): public-private partnerships to protect critical financial infrastructure and the type of support that the
p.(None): Department has provided to such partnerships; and
p.(None): (2) recommendations for administrative or legislative action regarding such partnerships, as the Secretary may
p.(None): determine to be appropriate.
p.(None): SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
p.(None): (a) SHORT TITLE.—This section may be cited as the ‘‘Emergency Securities Response Act of 2004’’.
p.(None): (b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECU-
p.(None): RITIES AND EXCHANGE COMMISSION.—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Emergency Securities Response Act of 2004.
p.(None): 15 USC 78a note.
p.(None):
p.(None):
p.(None): 118 STAT. 3862 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): (1) EXTENSION OF AUTHORITY.—Section 12(k)(2) of the Secu- rities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is
p.(None): amended to read as follows:
p.(None): ‘‘(2) EMERGENCY ORDERS.—
p.(None): ‘‘(A) IN GENERAL.—The Commission, in an emergency, may by order summarily take such action to alter, supple- ment,
p.(None): suspend, or impose requirements or restrictions with respect to any matter or action subject to regulation by
p.(None): the Commission or a self-regulatory organization under the securities laws, as the Commission determines
p.(None): is nec- essary in the public interest and for the protection of investors—
p.(None): ‘‘(i) to maintain or restore fair and orderly securi- ties markets (other than markets in exempted securi-
p.(None): ties);
p.(None): ‘‘(ii) to ensure prompt, accurate, and safe clearance and settlement of transactions in securities (other than exempted
p.(None): securities); or
p.(None): ‘‘(iii) to reduce, eliminate, or prevent the substan- tial disruption by the emergency of—
p.(None): ‘‘(I) securities markets (other than markets in exempted securities), investment companies, or any other
p.(None): significant portion or segment of such markets; or
p.(None): ‘‘(II) the transmission or processing of securi- ties transactions (other than transactions in exempted
p.(None): securities).
p.(None): ‘‘(B) EFFECTIVE PERIOD.—An order of the Commission under this paragraph shall continue in effect for the period
p.(None): specified by the Commission, and may be extended. Except as provided in subparagraph (C), an order of the Commis- sion
p.(None): under this paragraph may not continue in effect for more than 10 business days, including extensions.
p.(None): ‘‘(C) EXTENSION.—An order of the Commission under this paragraph may be extended to continue in effect
p.(None): for more than 10 business days if, at the time of the extension, the Commission finds that the emergency still
p.(None): exists and determines that the continuation of the order beyond 10 business days is necessary in the
p.(None): public interest and for the protection of investors to attain an objective described in clause (i), (ii), or
p.(None): (iii) of subparagraph (A). In no event shall an order of the Commission under this paragraph continue in
p.(None): effect for more than 30 calendar days.
p.(None): ‘‘(D) SECURITY FUTURES.—If the actions described in subparagraph (A) involve a security futures product,
p.(None): the Commission shall consult with and consider the views of the Commodity Futures Trading Commission.
p.(None): ‘‘(E) EXEMPTION.—In exercising its authority under this paragraph, the Commission shall not be required to comply with
p.(None): the provisions of—
p.(None): ‘‘(i) section 19(c); or
p.(None): ‘‘(ii) section 553 of title 5, United States Code.’’.
p.(None): (c) CONSULTATION; DEFINITION OF EMERGENCY.—Section 12(k)(6) of the Securities Exchange Act of 1934 (15
p.(None): U.S.C. 78l(k)(6)) is amended to read as follows:
p.(None): ‘‘(6) CONSULTATION.—Prior to taking any action described in paragraph (1)(B), the Commission shall
p.(None): consult with and
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3863
p.(None):
p.(None): consider the views of the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and
p.(None): the Com- modity Futures Trading Commission, unless such consultation is impracticable in light of the emergency.
p.(None): ‘‘(7) DEFINITIONS.—For purposes of this subsection— ‘‘(A) the term ‘emergency’ means—
p.(None): ‘‘(i) a major market disturbance characterized by or constituting—
p.(None): ‘‘(I) sudden and excessive fluctuations of secu- rities prices generally, or a substantial threat thereof,
p.(None): that threaten fair and orderly markets; or
p.(None): ‘‘(II) a substantial disruption of the safe or efficient operation of the national system for clear- ance and
p.(None): settlement of transactions in securities, or a substantial threat thereof; or
p.(None): ‘‘(ii) a major disturbance that substantially dis- rupts, or threatens to substantially disrupt—
p.(None): ‘‘(I) the functioning of securities markets, investment companies, or any other significant portion
p.(None): or segment of the securities markets; or ‘‘(II) the transmission or processing of securi-
p.(None): ties transactions; and
p.(None): ‘‘(B) notwithstanding section 3(a)(47), the term ‘securi- ties laws’ does not include the Public Utility Holding Com-
p.(None): pany Act of 1935.’’.
p.(None): (d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO GOVERNMENT SECURITIES.—Section
p.(None): 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amended by adding at the end the following:
p.(None): ‘‘(h) EMERGENCY AUTHORITY.—The Secretary may, by order, take any action with respect to a matter or action
p.(None): subject to regula- tion by the Secretary under this section, or the rules of the Secretary under this section,
p.(None): involving a government security or a market therein (or significant portion or segment of that market),
p.(None): that the Commission may take under section 12(k)(2) with respect to transactions in securities (other than
p.(None): exempted securities) or a market therein (or significant portion or segment of that market).’’.
p.(None): (e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM RESILIENCE RECOMMENDATIONS.—
p.(None): (1) REPORT REQUIRED.—Not later than April 30, 2006, the Board of Governors of the Federal Reserve System, the
p.(None): Comp- troller of the Currency, and the Securities and Exchange Commission shall prepare and submit
p.(None): to the Committee on Financial Services of the House of Representatives and the Committee on Banking,
p.(None): Housing, and Urban Affairs of the Senate a joint report on the efforts of the private sector to
p.(None): implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial
p.(None): System.
p.(None): (2) CONTENTS OF REPORT.—The report required by para- graph (1) shall—
p.(None): (A) examine the efforts to date of private sector finan- cial services firms covered by the Interagency Paper
p.(None): to implement enhanced business continuity plans;
p.(None): (B) examine the extent to which the implementation of such business continuity plans has been done in a
p.(None): geo- graphically dispersed manner, including an analysis of the
p.(None):
p.(None):
p.(None): 118 STAT. 3864 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
...
Orphaned Trigger Words
p.(None): shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and
p.(None): how it satisfies the requirements of this subsection. In addition, the congressional intel- ligence committees
p.(None): shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in
p.(None): any case in which the transfer or reprogramming would not have other- wise required reprogramming notification under
p.(None): procedures in effect as of the date of the enactment of this subsection.
p.(None): ‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other authorities available under law for such purposes,
p.(None): in the first twelve months after establishment of a new national intelligence center, the Director of
p.(None): National Intelligence, with the approval of the Director of the Office of Management and Budget and in
p.(None): consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may
p.(None): transfer not more than 100 personnel authorized for elements of the intelligence community to such center.
p.(None): ‘‘(B) The Director of National Intelligence shall promptly pro- vide notice of any transfer of personnel
p.(None): made pursuant to this paragraph to—
p.(None): ‘‘(i) the congressional intelligence committees;
p.(None): ‘‘(ii) the Committees on Appropriations of the Senate and the House of Representatives;
p.(None): ‘‘(iii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on
p.(None): Armed Services of the Senate and the House of Representatives; and
p.(None): ‘‘(iv) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on
p.(None): the Judiciary of the Senate and the House of Representatives.
p.(None): ‘‘(C) The Director shall include in any notice under subpara- graph (B) an explanation of the nature of
p.(None): the transfer and how it satisfies the requirements of this subsection.
p.(None): ‘‘(2)(A) The Director of National Intelligence, with the approval of the Director of the Office of Management
p.(None): and Budget and in accordance with procedures to be developed by the Director of National Intelligence and
p.(None): the heads of the departments and agencies
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reports.
p.(None):
p.(None):
p.(None):
p.(None): Notification.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Notice.
p.(None):
p.(None):
p.(None): 118 STAT. 3648 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): concerned, may transfer personnel authorized for an element of the intelligence community to another such
p.(None): element for a period of not more than 2 years.
p.(None): ‘‘(B) A transfer of personnel may be made under this paragraph only if—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Notice.
p.(None): ‘‘(i) the personnel are being transferred to an activity that is a higher priority intelligence activity; and
p.(None): ‘‘(ii) the transfer supports an emergent need, improves program effectiveness, or increases efficiency.
p.(None): ‘‘(C) The Director of National Intelligence shall promptly pro- vide notice of any transfer of personnel
p.(None): made pursuant to this paragraph to—
...
p.(None): balance.
p.(None): SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
p.(None): Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as
p.(None): follows:
p.(None): ‘‘(5) The terms ‘national intelligence’ and ‘intelligence related to national security’ refer to all
p.(None): intelligence, regardless of the source from which derived and including information gathered within or outside
p.(None): the United States, that—
p.(None): ‘‘(A) pertains, as determined consistent with any guid- ance issued by the President, to more than one United
p.(None): States Government agency; and
p.(None): ‘‘(B) that involves—
p.(None): ‘‘(i) threats to the United States, its people, prop- erty, or interests;
p.(None): ‘‘(ii) the development, proliferation, or use of weapons of mass destruction; or
p.(None): ‘‘(iii) any other matter bearing on United States national or homeland security.’’.
p.(None):
p.(None): 50 USC 403–1
p.(None): note.
p.(None): SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL
p.(None): INTELLIGENCE AGENCY.
p.(None): (a) DEVELOPMENT OF PROCEDURES.—The Director of National Intelligence, in consultation with the Secretary of
p.(None): Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the
p.(None): Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3663
p.(None):
p.(None):
p.(None): of operations that involve elements of both the Armed Forces and the Central Intelligence Agency
p.(None): consistent with national security and the protection of human intelligence sources and methods. Those
p.(None): procedures shall, at a minimum, provide the following:
p.(None): (1) Methods by which the Director of the Central Intel- ligence Agency and the Secretary of
p.(None): Defense can improve communication and coordination in the planning, execution, and sustainment of
p.(None): operations, including, as a minimum—
p.(None): (A) information exchange between senior officials of the Central Intelligence Agency and senior officers
p.(None): and officials of the Department of Defense when planning for such an operation commences by either
p.(None): organization; and
p.(None): (B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure
p.(None): that senior operational officials in both the Department of Defense and the Central Intelligence Agency have
p.(None): knowl- edge of the existence of the ongoing operations of the other.
p.(None): (2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are
p.(None): conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic
p.(None): objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication
p.(None): of effort.
p.(None): (b) IMPLEMENTATION REPORT.—Not later than 180 days after the date of the enactment of the Act, the
p.(None): Director of National Intelligence shall submit to the congressional defense committees (as defined in
p.(None): section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in
p.(None): section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the
...
p.(None): (1) submit to the President and Congress a description of the technological, legal, and policy issues
p.(None): presented by the creation of the ISE, and the way in which these issues will be addressed;
p.(None):
p.(None): Electronic directory.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. President.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): President.
p.(None): (2) establish an initial capability to provide electronic direc- tory services, or the functional equivalent, to assist
p.(None): in locating in the Federal Government intelligence and terrorism informa- tion and people with relevant knowledge
p.(None): about intelligence and terrorism information; and
p.(None): (3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing
p.(None): information.
p.(None): (d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in no event later than 270 days after
p.(None): the date of the enactment of this Act, the President shall—
p.(None): (1) leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring,
p.(None): accessing, sharing, and using information, including guidelines to ensure that information is provided in
p.(None): its most shareable form, such as by using tearlines to separate out data from the sources and methods by
p.(None): which the data are obtained;
p.(None): (2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061,
p.(None): issue guide- lines that—
p.(None): (A) protect privacy and civil liberties in the develop- ment and use of the ISE; and
p.(None): (B) shall be made public, unless nondisclosure is clearly necessary to protect national security; and
p.(None): (3) require the heads of Federal departments and agencies to promote a culture of information sharing by—
p.(None): (A) reducing disincentives to information sharing, including over-classification of information and
p.(None): unneces- sary requirements for originator approval, consistent with applicable laws and regulations; and
p.(None): (B) providing affirmative incentives for information sharing.
p.(None): (e) IMPLEMENTATION PLAN REPORT.—Not later than one year after the date of the enactment of this Act,
p.(None): the President shall, with the assistance of the program manager, submit to Congress a report containing an
p.(None): implementation plan for the ISE. The report shall include the following:
p.(None): (1) A description of the functions, capabilities, resources, and conceptual design of the ISE, including
p.(None): standards.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3667
p.(None):
p.(None):
p.(None): (2) A description of the impact on enterprise architectures of participating agencies.
p.(None): (3) A budget estimate that identifies the incremental costs associated with designing, testing, integrating,
p.(None): deploying, and operating the ISE.
p.(None): (4) A project plan for designing, testing, integrating, deploying, and operating the ISE.
p.(None): (5) The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and
p.(None): enforcement mechanisms that will be utilized.
p.(None): (6) Objective, systemwide performance measures to enable the assessment of progress toward achieving
p.(None): the full implementation of the ISE.
p.(None): (7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and
...
p.(None): (ii) assist in the development of policies, proce- dures, guidelines, rules, and standards as appropriate to
p.(None): foster the development and proper operation of the ISE; and
p.(None): (iii) assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure
p.(None): adequate progress, technological consistency and policy compliance; and regularly report the findings
p.(None): to Congress.
p.(None): (B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, AND STANDARDS.—The policies, procedures, guide-
p.(None): lines, rules, and standards under subparagraph (A)(ii) shall—
p.(None): (i) take into account the varying missions and security requirements of agencies participating in the ISE;
p.(None): (ii) address development, implementation, and oversight of technical standards and requirements;
p.(None): (iii) take into account ongoing and planned efforts that support development, implementation and
p.(None): management of the ISE;
p.(None): (iv) address and facilitate information sharing between and among departments and agencies of the
p.(None): intelligence community, the Department of Defense, the homeland security community and the law enforce- ment
p.(None): community;
p.(None): (v) address and facilitate information sharing between Federal departments and agencies and State, tribal,
p.(None): and local governments;
p.(None): (vi) address and facilitate, as appropriate, informa- tion sharing between Federal departments and agen- cies and
p.(None): the private sector;
p.(None): (vii) address and facilitate, as appropriate, information sharing between Federal departments and
p.(None): agencies with foreign partners and allies; and
p.(None): (viii) ensure the protection of privacy and civil liberties.
p.(None): (g) INFORMATION SHARING COUNCIL.—
p.(None): (1) ESTABLISHMENT.—There is established an Information Sharing Council that shall assist the President and the
p.(None): program manager in their duties under this section. The Information Sharing Council shall serve during the
p.(None): two-year period begin- ning on the date of the initial designation of the program manager by the President
p.(None): under subsection (f)(1), unless sooner removed from service and replaced by the President (at the sole
p.(None): discretion of the President) with a successor body.
p.(None): (2) SPECIFIC DUTIES.—In assisting the President and the program manager in their duties under this
p.(None): section, the Information Sharing Council shall—
p.(None): (A) advise the President and the program manager in developing policies, procedures, guidelines, roles,
p.(None): and standards necessary to establish, implement, and maintain the ISE;
p.(None): (B) work to ensure coordination among the Federal departments and agencies participating in the ISE in
p.(None): the
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3669
p.(None):
p.(None): establishment, implementation, and maintenance of the ISE;
p.(None): (C) identify and, as appropriate, recommend the consolidation and elimination of current programs, systems,
p.(None): and processes used by Federal departments and agencies to share information, and recommend, as
p.(None): appropriate, the redirection of existing resources to support the ISE;
p.(None): (D) identify gaps, if any, between existing technologies, programs and systems used by Federal departments and
p.(None): agencies to share information and the parameters of the proposed information sharing environment;
p.(None): (E) recommend solutions to address any gaps identified under subparagraph (D);
p.(None): (F) recommend means by which the ISE can be extended to allow interchange of information between Fed-
p.(None): eral departments and agencies and appropriate authorities of State and local governments; and
p.(None): (G) recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion
p.(None): encompassing other relevant categories of information.
p.(None): (3) CONSULTATION.—In performing its duties, the Informa- tion Sharing Council shall consider input from persons
p.(None): and entities outside the Federal Government having significant experience and expertise in policy, technical
p.(None): matters, and oper- ational matters relating to the ISE.
...
p.(None): Intelligence shall identify an individual within the Office of the Director of National Intel- ligence who
p.(None): shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct
p.(None): arbitration, offer recommendations, and, as appropriate, initiate inquiries into real or perceived problems
p.(None): of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis.
p.(None): (b) REPORT.—Not later than 270 days after the effective date of this Act, the Director of National
p.(None): Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the
p.(None): Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection
p.(None): (a).
p.(None):
p.(None): Subtitle B—National Counterterrorism Center, National Counter Proliferation Center, and National
p.(None): Intelligence Cen- ters
p.(None): SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
p.(None): Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the
p.(None): following new section:
p.(None): ‘‘NATIONAL COUNTERTERRORISM CENTER
p.(None): ‘‘SEC. 119. (a) ESTABLISHMENT OF CENTER.—There is within
p.(None): the Office of the Director of National Intelligence a National Counterterrorism Center.
p.(None): ‘‘(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER.—(1)
p.(None): There is a Director of the National Counterterrorism Center, who shall be the head of the National
p.(None): Counterterrorism Center, and who shall be appointed by the President, by and with the advice and consent
p.(None): of the Senate.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3673
p.(None):
p.(None): ‘‘(2) The Director of the National Counterterrorism Center may not simultaneously serve in any other capacity in
p.(None): the executive branch.
p.(None): ‘‘(c) REPORTING.—(1) The Director of the National Counterterrorism Center shall report to
p.(None): the Director of National Intelligence with respect to matters described in paragraph (2) and the President
p.(None): with respect to matters described in paragraph (3).
p.(None): ‘‘(2) The matters described in this paragraph are as follows: ‘‘(A) The budget and programs of
p.(None): the National
p.(None): Counterterrorism Center.
p.(None): ‘‘(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under
p.(None): subsection (h).
p.(None): ‘‘(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
p.(None): ‘‘(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other
p.(None): than intel- ligence operations).’’.
p.(None): ‘‘(d) PRIMARY MISSIONS.—The primary missions of the National Counterterrorism Center shall be as follows:
p.(None): ‘‘(1) To serve as the primary organization in the United States Government for analyzing and integrating
p.(None): all intel- ligence possessed or acquired by the United States Government pertaining to terrorism and
p.(None): counterterrorism, excepting intel- ligence pertaining exclusively to domestic terrorists and domestic
p.(None): counterterrorism.
...
p.(None): receipt of such request, notify the Attorney General of such per- son’s failure to comply with such
p.(None): request, which notice shall include all relevant information.
p.(None): (2) PRODUCTION OF INFORMATION AND EVIDENCE.—
p.(None): (A) EXPLANATION OF NONCOMPLIANCE.—Upon receiving notification under paragraph (1)(D)(ii) regarding a request, the
p.(None): Attorney General shall provide an opportunity for the person subject to the request to explain the
p.(None): reasons for not complying with the request.
p.(None): (B) ACTION BY ATTORNEY GENERAL.—Upon receiving notification under paragraph (1)(D)(ii) regarding a request, the
p.(None): Attorney General shall review the request and may take such steps as appropriate to ensure compliance
p.(None): with the request for the information, documents, reports, answers, records, accounts, papers, and other
p.(None): documentary and testimonial evidence covered by the request.
p.(None): (3) AGENCY COOPERATION.—Whenever information or assistance requested under subparagraph (A) or (B)
p.(None): of para- graph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall
p.(None): report the circumstances to the head of the department or agency concerned without delay. If the requested
p.(None): information or assistance may be provided to the Board in accordance with applicable law, the head of
p.(None): the department or agency concerned shall ensure compliance with such request.
p.(None): (4) EXCEPTIONS FOR NATIONAL SECURITY.—
p.(None): (A) IN GENERAL.—If the National Intelligence Director, in consultation with the Attorney General, determines that it
p.(None): is necessary to withhold information requested under paragraph (3) to protect the national security
p.(None): interests of the United States, the head of the department or agency concerned shall not furnish such information to
p.(None): the Board.
p.(None): (B) CERTAIN INFORMATION.—If the Attorney General determines that it is necessary to withhold information
p.(None): requested under paragraph (3) from disclosure to protect sensitive law enforcement or counterterrorism
p.(None): information or ongoing operations, the head of the department or agency concerned shall not furnish such information to
p.(None): the Board.
p.(None): (e) MEMBERSHIP.—
p.(None): (1) MEMBERS.—
p.(None): (A) IN GENERAL.—The Board shall be composed of a chairman, a vice chairman, and three additional members
p.(None): appointed by the President.
p.(None): (B) CHAIRMAN AND VICE CHAIRMAN.—The chairman and vice chairman shall each be appointed by the President, by and
p.(None): with the advice and consent of the Senate.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3687
p.(None):
p.(None): (C) APPOINTMENT REQUIREMENTS.—Any individual appointed to the Board shall be appointed from among
p.(None): trustworthy and distinguished citizens outside the Federal Government who are qualified on the basis of achievement,
p.(None): experience, and independence.
p.(None): (D) FULL-TIME SERVICE OF CHAIRMAN.—The chairman may serve on a full-time basis.
p.(None): (E) SERVICE AT PLEASURE OF PRESIDENT.—The chair- man, vice chairman, and other members of the Board shall each
p.(None): serve at the pleasure of the President.
p.(None): (2) INCOMPATIBLE OFFICE.—An individual appointed to the Board may not, while serving on the Board, be an
...
p.(None): (2) Each report shall include, for the period covered by such report—
p.(None): (A) the periods of time required by the authorized investiga- tive agencies and authorized adjudicative agencies
p.(None): for con- ducting investigations, adjudicating cases, and granting clear- ances, from date of submission to
p.(None): ultimate disposition and notification to the subject and the subject’s employer;
p.(None): (B) a discussion of any impediments to the smooth and timely functioning of the requirements of this
p.(None): section; and
p.(None): (C) such other information or recommendations as the head of the entity selected pursuant to subsection (b) considers
p.(None): appro- priate.
p.(None): (i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be
p.(None): necessary for fiscal year 2005 and each fiscal year thereafter for the implementation, mainte- nance, and
p.(None): operation of the database required by subsection (e).
p.(None):
p.(None): TITLE IV—TRANSPORTATION SECURITY
p.(None): Subtitle A—National Strategy for Transportation Security
p.(None): SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
p.(None): (a) IN GENERAL.—Section 114 of title 49, United States Code, is amended by adding at the end the following:
p.(None): ‘‘(t) TRANSPORTATION SECURITY STRATEGIC PLANNING.—
p.(None): ‘‘(1) IN GENERAL.—The Secretary of Homeland Security shall develop, prepare, implement, and update, as
p.(None): needed— ‘‘(A) a National Strategy for Transportation Security;
p.(None):
p.(None): and
p.(None): ‘‘(B) transportation modal security plans.
p.(None): ‘‘(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Sec-
p.(None): retary of Homeland Security shall work jointly with the Sec- retary of Transportation in developing,
p.(None): revising, and updating the documents required by paragraph (1).
p.(None): ‘‘(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION
p.(None): SECURITY.—The National Strategy for Transportation Security shall include the following:
p.(None): ‘‘(A) An identification and evaluation of the transpor- tation assets in the United States that, in the
p.(None): interests of national security and commerce, must be protected from attack or disruption by terrorist or other
p.(None): hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry,
p.(None): highway, maritime, pipe- line, rail, mass transit, over-the-road bus, and other public transportation infrastructure
p.(None): assets that could be at risk of such an attack or disruption.
p.(None): ‘‘(B) The development of risk-based priorities across all transportation modes and realistic deadlines
p.(None): for addressing security needs associated with those assets referred to in subparagraph (A).
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3711
p.(None):
p.(None): ‘‘(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to
p.(None): their security.
p.(None): ‘‘(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal,
p.(None): State, regional, and local authorities and establishes mechanisms for encouraging private sector cooperation and
p.(None): participation in the implementation of such plan.
p.(None): ‘‘(E) A comprehensive delineation of response and recovery responsibilities and issues regarding
p.(None): threatened and executed acts of terrorism within the United States. ‘‘(F) A prioritization of research and
p.(None): development objec- tives that support transportation security needs, giving a higher priority to research
p.(None): and development directed
p.(None): toward protecting vital transportation assets. ‘‘(4) SUBMISSIONS OF PLANS TO CONGRESS.—
p.(None): ‘‘(A) INITIAL STRATEGY.—The Secretary of Homeland Security shall submit the National Strategy for Transpor-
p.(None): tation Security, including the transportation modal security plans, developed under this subsection to the
p.(None): appropriate congressional committees not later than April 1, 2005.
p.(None): ‘‘(B) SUBSEQUENT VERSIONS.—After December 31, 2005,
p.(None): the Secretary of Homeland Security shall submit the National Strategy for Transportation Security,
p.(None): including the transportation modal security plans and any revisions to the National Strategy for Transportation
...
p.(None): prosecution for such conduct.’’.
p.(None): (b) AUTHORIZATION OF APPROPRIATIONS.—
p.(None): (1) IN GENERAL.—There are authorized to be appropriated to the Department of Justice such sums as may
p.(None): be necessary to carry out the additional duties established under section 103(h) of the Immigration and
p.(None): Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations
p.(None): fulfills its continuing obligations regarding Nazi war criminals.
p.(None): (2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu- ant to paragraph (1) are authorized to remain
p.(None): available until expended.
p.(None): SEC. 5506. REPORT ON IMPLEMENTATION.
p.(None): Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation
p.(None): with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the Senate and
p.(None): the House of Representatives a report on implementation of this subtitle that includes a description
p.(None): of—
p.(None): (1) the procedures used to refer matters to the Office of Special Investigations and other components within
p.(None): the Depart- ment of Justice and the Department of Homeland Security in a manner consistent with the
p.(None): amendments made by this subtitle;
p.(None): (2) the revisions, if any, made to immigration forms to reflect changes in the Immigration and
p.(None): Nationality Act made by the amendments contained in this subtitle; and
p.(None): (3) the procedures developed, with adequate due process protection, to obtain sufficient evidence to
p.(None): determine whether an alien may be inadmissible under the terms of the amend- ments made by this subtitle.
p.(None):
p.(None): TITLE VI—TERRORISM PREVENTION
p.(None): Subtitle A—Individual Terrorists as Agents of Foreign Powers
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 50 USC 1801
p.(None): note.
p.(None): SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
p.(None): (a) IN GENERAL.—Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
p.(None): 1801(b)(1)) is amended by adding at the end the following new subparagraph:
p.(None): ‘‘(C) engages in international terrorism or activities in preparation therefore; or’’.
p.(None): (b) SUNSET.—The amendment made by subsection (a) shall be subject to the sunset provision in section 224
p.(None): of Public Law 107–56 (115 Stat. 295), including the exception provided in sub- section (b) of such section
p.(None): 224.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3743
p.(None):
p.(None):
p.(None): SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
p.(None): 1978.
p.(None): (a) ADDITIONAL REPORTING REQUIREMENTS.—The Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C.
p.(None): 1801 et seq.) is amended—
p.(None): (1) by redesignating—
p.(None): (A) title VI as title VII; and
p.(None): (B) section 601 as section 701; and
p.(None): (2) by inserting after title V the following new title:
p.(None): ‘‘TITLE VI—REPORTING REQUIREMENT
p.(None): ‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
...
p.(None): otherwise authorized by Con- gress.
p.(None): (2) GRANTS FOR MEDIA NETWORK.—In addition to the amounts authorized to be appropriated under
p.(None): paragraph (1), there are authorized to be appropriated for each of fiscal years 2005 and 2006, unless otherwise
p.(None): authorized by Congress, such sums as may be necessary for grants under subsection (c)(1) for the
p.(None): establishment of the media network described in sub- section (c)(2).
p.(None): SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART- MENT OF STATE.
p.(None): (a) IN GENERAL.—The State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by
p.(None): inserting after section 59 the following new section:
p.(None):
p.(None): 22 USC 2732.
p.(None): ‘‘SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART- MENT OF STATE.
p.(None): ‘‘(a) INTEGRAL COMPONENT.—The Secretary of State shall make public diplomacy an integral component in the planning and
p.(None): execu- tion of United States foreign policy.
p.(None): ‘‘(b) COORDINATION AND DEVELOPMENT OF STRATEGY.—The Sec-
p.(None): retary shall make every effort to—
p.(None): ‘‘(1) coordinate, subject to the direction of the President, the public diplomacy activities of Federal
p.(None): agencies; and
p.(None): ‘‘(2) coordinate with the Broadcasting Board of Governors
p.(None):
p.(None): to—
p.(None):
p.(None): ‘‘(A) develop a comprehensive and coherent strategy for the use of public diplomacy resources; and
p.(None): ‘‘(B) develop and articulate long-term measurable objec- tives for United States public diplomacy.
p.(None): ‘‘(c) OBJECTIVES.—The strategy developed pursuant to sub- section (b) shall include public diplomacy
p.(None): efforts targeting developed and developing countries and select and general audiences, using appropriate media
p.(None): to properly explain the foreign policy of the United States to the governments and populations of such
p.(None): countries, with the objectives of increasing support for United States policies and providing news and information.
p.(None): The Secretary shall, through the most effective mechanisms, counter misinformation and propa- ganda concerning
p.(None): the United States. The Secretary shall continue
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3793
p.(None):
p.(None): to articulate the importance of freedom, democracy, and human rights as fundamental principles underlying
p.(None): United States foreign policy goals.
p.(None): ‘‘(d) IDENTIFICATION OF UNITED STATES FOREIGN ASSISTANCE.—
p.(None): In cooperation with the United States Agency for International Development (USAID) and other public
p.(None): and private assistance organizations and agencies, the Secretary should ensure that information
p.(None): relating to foreign assistance provided by the United States, nongovernmental organizations, and private
p.(None): entities of the United States is disseminated widely, and particularly, to the extent practicable, within countries
p.(None): and regions that receive such assist- ance. The Secretary should ensure that, to the extent practicable,
p.(None): projects funded by USAID not involving commodities, including projects implemented by private voluntary
p.(None): organizations, are identi- fied as provided by the people of the United States.’’.
p.(None): (b) FUNCTIONS OF THE UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.—
p.(None): (1) AMENDMENT.—Section 1(b)(3) of such Act (22 U.S.C. 2651a(b)(3)) is amended by adding at the end the
...
p.(None): account number issued by the Commissioner of Social Security (or any derivative of such number) on any
p.(None): driver’s license, motor vehicle registration, or personal identification card (as defined in section
p.(None): 7212(a)(2) of the 9/11 Commission Implementation Act of 2004), or include, on any such license, registration,
p.(None): or personal identifica- tion card, a magnetic strip, bar code, or other means of communica-
p.(None): tion which conveys such number (or derivative thereof).’’.
p.(None):
p.(None): 42 USC 405 note.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 6 USC 123.
p.(None): (b) EFFECTIVE DATE.—The amendment made by subsection (a)(2) shall apply with respect to licenses, registrations,
p.(None): and identi- fication cards issued or reissued 1 year after the date of enactment of this Act.
p.(None): (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commissioner of Social
p.(None): Security for each of the fiscal years 2005 through 2009, such sums as may be nec- essary to carry out this
p.(None): section.
p.(None): SEC. 7215. TERRORIST TRAVEL PROGRAM.
p.(None): The Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism
p.(None): Center, and consistent with the strategy developed under section 7201, shall establish a program to
p.(None): oversee the implementation of the Department’s responsibilities with respect to terrorist travel, including
p.(None): the anal- ysis, coordination, and dissemination of terrorist travel intelligence and operational information—
p.(None): (1) among appropriate subdivisions of the Department of Homeland Security, including—
p.(None): (A) the Bureau of Customs and Border Protection;
p.(None): (B) United States Immigration and Customs Enforce- ment;
p.(None): (C) United States Citizenship and Immigration Serv- ices;
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3833
p.(None):
p.(None):
p.(None): (D) the Transportation Security Administration; and
p.(None): (E) any other subdivision, as determined by the Sec- retary; and
p.(None): (2) between the Department of Homeland Security and other appropriate Federal agencies.
p.(None): SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
p.(None): Section 1028(b)(4) of title 18, United States Code, is amended by striking ‘‘25 years’’ and inserting ‘‘30
p.(None): years’’.
p.(None): SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
p.(None): (a) IN GENERAL.—Not later than May 31, 2005, the Secretary of State, in consultation with the Secretary
p.(None): of Homeland Security, shall submit a report, containing the results of a study on the subjects described
p.(None): in subsection (b), to—
p.(None): (1) the Committee on the Judiciary of the Senate;
p.(None): (2) the Committee on the Judiciary of the House of Rep- resentatives;
p.(None): (3) the Committee on Foreign Relations of the Senate;
p.(None): (4) the Committee on International Relations of the House of Representatives;
p.(None): (5) the Committee on Homeland Security and Govern- mental Affairs of the Senate; and
p.(None): (6) the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
p.(None): (b) CONTENTS.—The study referred to in subsection (a) shall examine the feasibility, cost, potential benefits,
p.(None): and relative impor- tance to the objectives of tracking suspected terrorists’ travel, and apprehending
...
p.(None): each position;
p.(None): (B) the name of each person holding a position described under subparagraph (A);
p.(None): (C) any vacancy in the positions described under subparagraph (A), and the period of time any such
p.(None): position has been vacant;
p.(None): (D) the date on which an appointment made after the applicable Presidential election for any
p.(None): position described under subparagraph (A) is necessary to ensure effective operation of the Government; and
p.(None): (E) any other information that the Office of Personnel Management determines is useful in making appointments.
p.(None):
p.(None):
p.(None): PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3871
p.(None):
p.(None):
p.(None): (c) REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE CONFIRMATION.—
p.(None): (1) DEFINITION.—In this subsection, the term ‘‘agency’’ means an Executive agency as defined under
p.(None): section 105 of title 5, United States Code.
p.(None): (2) REDUCTION PLAN.—
p.(None): (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the head of each
p.(None): agency shall submit a Presidential appointment reduction plan to—
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline.
p.(None):
p.(None): (i) the President;
p.(None): (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and
p.(None): (iii) the Committee on Government Reform of the House of Representatives.
p.(None): (B) CONTENT.—The plan under this paragraph shall pro- vide for the reduction of—
p.(None): (i) the number of positions within that agency that require an appointment by the President, by and with the
p.(None): advice and consent of the Senate; and
p.(None): (ii) the number of levels of such positions within that agency.
p.(None): (d) OFFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF
p.(None): INTEREST LAW.—
p.(None): (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the
p.(None): Office of Govern- ment Ethics, in consultation with the Attorney General of the United States, shall conduct
p.(None): a comprehensive review of conflict of interest laws relating to executive branch employment and submit a report
p.(None): to—
p.(None): (A) the President;
p.(None): (B) the Committees on Homeland Security and Govern- mental Affairs and the Judiciary of the Senate;
p.(None): (C) the Committees on Government Reform and the Judiciary of the House of Representatives.
p.(None): (2) CONTENTS.—The report under this subsection shall examine sections 203, 205, 207, and 208 of
p.(None): title 18, United States Code.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Deadline. Reports.
p.(None):
p.(None):
p.(None): 118 STAT. 3872 PUBLIC LAW 108–458—DEC. 17, 2004
p.(None):
p.(None): SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS FOR SUSPENDED AIR
p.(None): PASSENGER SERVICE.
p.(None): Section 145(c) of the Aviation and Transportation Security Act (49 U.S.C. 40101 note) is amended by striking
p.(None): ‘‘more than’’ and all that follows and inserting ‘‘after November 19, 2005.’’.
p.(None): Approved December 17, 2004.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): LEGISLATIVE HISTORY—S. 2845 (H.R. 10):
p.(None): HOUSE REPORTS: Nos. 108–724, Pt. 1 (Permanent Select Comm. on Intelligence), Pt. 2 (Comm. on Armed Services), Pt.
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| armedXforces | Soldier |
| army | Soldier |
| arrest | person under arrest |
| asylum | Refugee Status |
| authority | Relationship to Authority |
| child | Child |
| children | Child |
| conviction | Religion |
| crime | Illegal Activity |
| criminal | criminal |
| diminished | Diminished Autonomy |
| disability | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| emergencies | patients in emergency situations |
| emergency | Public Emergency |
| employees | employees |
| ethnic | Ethnicity |
| ethnicity | Ethnicity |
| felony | Criminal Convictions |
| foreign country | Other Country |
| gender | gender |
| home | Property Ownership |
| illegal | Illegal Activity |
| immigrant | immigrants |
| indigenous | Indigenous |
| influence | Drug Usage |
| injured | injured |
| investors | investors/intellectual rights |
| job | Occupation |
| language | Linguistic Proficiency |
| linguistic | Linguistic Proficiency |
| literacy | Literacy |
| manipulated | Manipulable |
| migrant | migrant |
| military | Soldier |
| minor | Youth/Minors |
| minority | Racial Minority |
| nation | stateless persons |
| native | Indigenous |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| police | Police Officer |
| political | political affiliation |
| poverty | Economic/Poverty |
| prisoners | Criminal Convictions |
| property | Property Ownership |
| prosecuted | Prosecuted |
| race | Racial Minority |
| religion | Religion |
| religious | Religion |
| restricted | Incarcerated |
| single | Marital Status |
| stateless | stateless persons |
| student | Student |
| threat | Threat of Stigma |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
| usage | Drug Usage |
| victim | Victim of Abuse |
| violence | Threat of Violence |
| volunteers | Healthy People |
| vulnerability | vulnerable |
| vulnerable | vulnerable |
| women | Women |
| youth | Youth/Minors |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| abuse | ['victim'] |
| armedXforces | ['army', 'military'] |
| army | ['armedXforces', 'military'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['religion', 'religious'] |
| crime | ['illegal', 'unlawful'] |
| drug | ['influence', 'usage'] |
| education | ['educational'] |
| educational | ['education'] |
| ethnic | ['ethnicity'] |
| ethnicity | ['ethnic'] |
| felony | ['prisoners'] |
| home | ['property'] |
| illegal | ['crime', 'unlawful'] |
| indigenous | ['native'] |
| influence | ['drug', 'usage'] |
| language | ['linguistic'] |
| linguistic | ['language'] |
| military | ['armedXforces', 'army'] |
| minor | ['youth'] |
| minority | ['race'] |
| nation | ['stateless'] |
| native | ['indigenous'] |
| officer | ['police'] |
| party | ['political'] |
| police | ['officer'] |
| political | ['party'] |
| prisoners | ['felony'] |
| property | ['home'] |
| race | ['minority'] |
| religion | ['conviction', 'religious'] |
| religious | ['conviction', 'religion'] |
| stateless | ['nation'] |
| unlawful | ['crime', 'illegal'] |
| usage | ['drug', 'influence'] |
| victim | ['abuse'] |
| vulnerability | ['vulnerable'] |
| vulnerable | ['vulnerability'] |
| youth | ['minor'] |
Trigger Words
capacity
consent
cultural
developing
ethics
exploit
harm
justice
protect
protection
risk
sensitive
volunteer
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input