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

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalCriminal Convictionsfelony4
PoliticalCriminal Convictionsprisoners2
PoliticalIllegal Activitycrime2
PoliticalIllegal Activityillegal16
PoliticalIllegal Activityunlawful10
PoliticalIndigenousindigenous1
PoliticalIndigenousnative1
PoliticalProsecutedprosecuted2
PoliticalRefugee Statusasylum9
Politicalcriminalcriminal55
Politicalimmigrantsimmigrant6
Politicalmigrantmigrant2
Politicalperson under arrestarrest3
Politicalpolitical affiliationparty25
Politicalpolitical affiliationpolitical24
Politicalstateless personsnation17
Politicalstateless personsstateless2
Politicalvulnerablevulnerable2
Politicalvulnerablevulnerability6
HealthDrug Usagedrug13
HealthDrug Usageinfluence2
HealthDrug Usageusage4
HealthHealthy Peoplevolunteers1
HealthMentally Disableddisability3
Healthinjuredinjured2
Healthpatients in emergency situationsemergencies5
SocialAccess to Social Goodsaccess67
SocialAccess to informationaccess to information2
SocialAgeage13
SocialChildchild2
SocialChildchildren3
SocialEthnicityethnic2
SocialEthnicityethnicity1
SocialIncarceratedrestricted2
SocialLinguistic Proficiencylanguage6
SocialLinguistic Proficiencylinguistic4
SocialLiteracyliteracy2
SocialMarital Statussingle10
SocialOccupationjob4
SocialPolice Officerofficer95
SocialPolice Officerpolice10
SocialProperty Ownershiphome11
SocialProperty Ownershipproperty25
SocialRacial Minorityminority6
SocialRacial Minorityrace1
SocialReligionconviction2
SocialReligionreligion1
SocialReligionreligious13
SocialSoldierarmedXforces5
SocialSoldierarmy3
SocialSoldiermilitary47
SocialStudentstudent2
SocialThreat of Stigmathreat30
SocialThreat of Violenceviolence4
SocialTrade Union Membershipunion10
SocialVictim of Abusevictim1
SocialVictim of Abuseabuse1
SocialWomenwomen5
SocialYouth/Minorsminor1
SocialYouth/Minorsyouth10
Socialeducationeducation66
Socialeducationeducational10
Socialemployeesemployees49
Socialgendergender1
Socialphilosophical differences/differences of opinionopinion8
EconomicEconomic/Povertypoverty4
Economicinvestors/intellectual rightsinvestors2
General/OtherDiminished Autonomydiminished1
General/OtherManipulablemanipulated1
General/OtherOther Countryforeign country1
General/OtherPublic Emergencyemergency86
General/OtherRelationship to Authorityauthority75

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
...

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’’.
...

Searching for indicator prisoners:

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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
...

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
...

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
...

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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Searching for indicator illegal:

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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):
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): 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
...

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): 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.)
...

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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:

(return to top)
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):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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): (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):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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):
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Political / person under arrest

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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.—
...

Searching for indicator stateless:

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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
...

Political / vulnerable

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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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Health / Drug Usage

Searching for indicator drug:

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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:
...

Health / Healthy People

Searching for indicator volunteers:

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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
...

Health / Mentally Disabled

Searching for indicator disability:

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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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Health / injured

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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—
...

Health / patients in emergency situations

Searching for indicator emergencies:

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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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Social / Access to Social Goods

Searching for indicator access:

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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.
...

Social / Access to information

Searching for indicator access to information:

(return to top)
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.
...

Social / Age

Searching for indicator age:

(return to top)
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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Social / Child

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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
...

Social / Incarcerated

Searching for indicator restricted:

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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
...

Searching for indicator linguistic:

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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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Social / Literacy

Searching for indicator literacy:

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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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Social / Marital Status

Searching for indicator single:

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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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Social / Occupation

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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.