H.R.10 - 9/11 Recommendations Implementation Act108th Congress (2003-2004)
Summary: H.R.10 — 108th Congress (2003-2004)
Passed House amended (10/08/2004)
9/11 Recommendations Implementation Act - Title I: Reform of the Intelligence Community - National Security Intelligence Improvement Act of 2004 - Subtitle A: Establishment of National Intelligence Director - (Sec. 1011) Amends the National Security Act of 1947 to establish a National Intelligence Director (Director), to be appointed by the President with the advice and consent of the Senate. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
Gives the Director primary responsibility for: (1) serving as head of the IC; (2) acting as principal adviser for intelligence matters related to national security; and (3) managing, overseeing, and directing the execution of the National Intelligence Program (formerly known as the National Foreign Intelligence Program). Requires the Director to ensure that timely, objective, and independent national intelligence based upon all available sources is provided to: (1) the President; (2) the heads of departments and agencies of the executive branch; (3) the Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) the Senate and House of Representatives and congressional committees, where appropriate.
Gives the Director access to all national intelligence and intelligence related to national security collected by Federal entities, to the extent approved by the President.
Outlines budgetary duties of the Director, including: (1) the development of an annual budget for intelligence and intelligence-related activities of the United States; and (2) participation in the development of annual budgets for the Joint Military Intelligence Program (JMIP) and for Tactical Intelligence and Related Activities.
Requires the Director to facilitate the management and execution of funds appropriated for the National Intelligence Program. Prohibits funds made available under such program from being transferred or reprogrammed without the Director's prior approval. Requires the Secretary of Defense to consult with the Director before transferring or reprogramming funds made available under the JMIP.
Authorizes the Director to transfer funds or personnel within the National Intelligence Program, with the approval of the Director of the Office of Management and Budget.
Requires the Director to, among other things: (1) develop standards for the collection and dissemination of national intelligence; (2) oversee the National Counterterrorism Center (NCC) established by this Act; (3) prescribe personnel policies for the IC; (4) ensure compliance with the law by the CIA and other IC elements; (5) promote intelligence information sharing within the IC; (6) make intelligence analysis a priority within the IC; (7) implement guidelines for the protection of intelligence sources and methods; and (8) oversee the coordination of the relationships between IC elements and their foreign counterparts.
Requires the President, acting through the Director, to establish uniform procedures for access to sensitive compartmented information.
Establishes an Office of the National Intelligence Director and related positions.
Establishes a National Intelligence Council to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC.
Establishes: (1) an Intelligence Community Information Technology Officer; and (2) a Counterintelligence Officer to the Director.
Specifies the functions of the CIA and the CIA Director.
(Sec. 1012) Amends the National Security Act of 1947 to redefine "national intelligence" and "intelligence related to national security" to refer to all intelligence, regardless of the source, that pertains to more than one Government agency and involves: (1) threats to the U.S., its people, property, or interests; (2) the development, proliferation, or use of weapons of mass destruction (WMDs); or (3) any other matter bearing on national or homeland security.
(Sec. 1013) Requires the Director, in consultation with the Secretary of Defense and the Director of the CIA, to develop joint procedures to be used by the Department of Defense (DOD) and the CIA to improve operational coordination between elements of the Armed Forces and the CIA.
(Sec. 1014) Gives the Director a role in the appointment of certain intelligence officials.
(Sec. 1017) Requires the President to establish a secure information sharing environment for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties.
(Sec. 1018) Directs the President to submit to a report on the practicality of integrating the Drug Enforcement Administration into the IC.
Subtitle B: National Counterterrorism Center and Civil Liberties Protections - (Sec. 1021) Establishes the NCC to: (1) analyze and integrate all U.S. intelligence pertaining to terrorism and counterterrorism; (2) conduct strategic operational planning for counterterrorism activities; (3) ensure that intelligence agencies have access to, and receive all intelligence needed to, accomplish their missions; and (4) serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups.
Authorizes the Center to receive intelligence pertaining exclusively to domestic counterterrorism.
Sets forth the duties and responsibilities of the Center's Director including, among other things, serving as the principal advisor to the Director on intelligence operations relating to counterterrorism.
(Sec. 1022) Establishes a Civil Liberties Protection Officer within the Office of the National Intelligence Director.
Subtitle C: Joint Intelligence Community Council - (Sec. 1031) Establishes a Joint Intelligence Community Council to provide advice to the Director. Requires the Director to consult with the Council in formulating guidance for development of the annual National Intelligence Program budget.
Subtitle D: Improvement of Human Intelligence (HUMINT) - (Sec. 1041) Expresses the sense of Congress that human intelligence is increasingly important to provide information on asymmetric threats to U.S. national security and that the Director should make expansion of human intelligence capabilities one of the Director's top priorities.
(Sec. 1042) Requires the Director to report on existing human intelligence capacity and to include a plan for enhancing such capacity.
Subtitle E: Improvement of Education for the Intelligence Community - (Sec. 1051) Amends the David L. Boren National Security Education Act of 1991 to: (1) modify the obligated service requirements applicable to scholarship and fellowship recipients under the National Security Education program; (2) increase annual authorizations of appropriations for the National Flagship Language Initiative (NFLI); and (3) require NFLI participants to enter into service agreements.
Requires the Secretary of Defense to take steps to increase the number of qualified educational institutions receiving NFLI grants.
(Sec. 1053) Establishes within the National Security Education Program a scholarship program for English language studies for heritage community citizens of the United States (native speakers of foreign languages critical to national security who should be actively recruited for employment by Federal security agencies and who are not proficient in English at a professional level).
(Sec. 1054) Expresses the sense of Congress that there should be a senior official responsible for assisting the Director in carrying out the Director's responsibilities with regard to foreign language education and training of the IC. Requires the Director to submit various reports regarding foreign language resources and capabilities.
(Sec. 1055) Amends the National Security Act of 1947 to authorize the Secretary of Defense and the Director jointly to establish a program to advance critical foreign language skills.
Authorizes the Director, acting through heads of IC elements, to assign IC analysts to institutions of higher education for foreign language training.(Sec. 1056) Requires the Director to conduct a pilot project to establish a Civilian Linguist Reserve Corps and to report on such project.
(Sec. 1057) Establishes the National Virtual Translation Center under the direction of the Director to provide timely and accurate translations of foreign intelligence of IC elements.
(Sec. 1058) Requires the Secretary of Defense to: (1) conduct a study, and report on, methods to improve the recruitment and retention of qualified foreign language instructors at the Foreign Language Center of the Defense Language Institute; and (2) consider the expeditious adjustment of status of such instructors who are aliens.
Subtitle F: Additional Improvements of Intelligence Activities - (Sec. 1061) Amends the Central Intelligence Agency Voluntary Separation Pay Act to extend the voluntary separation incentive program and strike provisions requiring remittances for credits to the Civil Service Retirement and Disability Fund.
(Sec. 1062) Amends the National Security Agency Act of 1959 to establish the National Security Agency Emerging Technologies Panel to advise the Director on the research, development, and application of existing and emerging science and technology advances, advances in encryption, and other topics.
(Sec. 1063) States that the Director, in cooperation with the Secretaries of Defense and Energy, should seek to ensure that each DOD service laboratory and each Department of Energy national laboratory may assist the Director in all aspects of technical intelligence and make their resources available to the IC.
(Sec. 1064) Requires the Director to: (1) develop and transmit to the appropriate agencies guidelines to ensure that suspected terrorist communications are translated and delivered consistent with timelines reflected in Federal Bureau of Investigation (FBI) regulations to the extent practicable; and (2) take necessary steps to ensure that such communications are not deleted or discarded prior to translation.
(Sec. 1065) Expresses the sense of Congress that: (1) the Director should establish an intelligence center to coordinate the collection, analysis, production, and dissemination of open source intelligence to IC elements; (2) open source intelligence is valuable and must be integrated into the intelligence cycle; and (3) the intelligence center should ensure that each IC element uses open source intelligence consistent with its mission.
Requires the Director to report on the Director's decision regarding the establishment of an intelligence center.
Subtitle G: Conforming and Other Amendments - (Sec. 1071) Makes conforming amendments to existing law relating to the Director's role, the role of the CIA Director, and other matters.
(Sec. 1074) Redesignates the National Foreign Intelligence Program as the National Intelligence Program.
Subtitle H: Transfer, Termination, Transition and Other Provisions - (Sec. 1091) Transfers: (1) the staff of the Community Management Staff to the Office of the National Intelligence Director; and (2) the Terrorist Threat Integration Center to the NCC.
(Sec. 1093) Terminates the positions of Assistant Director of Central Intelligence for Collection, Assistant Director of Central Intelligence for Analysis and Production, and Assistant Director of Central Intelligence for Administration.
(Sec. 1094) Requires the President to transmit to Congress a plan for implementation of this title.
Expresses the sense of Congress that the permanent location for the headquarters for the Office of the National Intelligence Director should be at a location other than the George Bush Center for Intelligence in Langley, Virginia.
Subtitle I: Other Matters - (Sec. 1101) Requires the Secretary of Defense to study, and report on, the promotion selection rates, and the selection rates for professional military school attendance, of intelligence officers of the Armed Forces in comparison to the rates for other officers of the Armed Forces.
Title II: Terrorism Prevention and Prosecution - Subtitle A: Individual Terrorists as Agents of Foreign Powers - (Sec. 2001) Amends the Foreign Intelligence Surveillance Act of 1978 to redefine "agent of a foreign power" to include any person who engages in international terrorism or activities in preparation for such terrorism (currently, limited to persons connected to foreign powers). Makes this amendment subject to a sunset provision in the U.S.A. PATRIOT Act of 2001 which generally provides for a sunset date of December 31, 2005.
Subtitle B: Stop Terrorist and Military Hoaxes Act of 2004 - Stop Terrorist and Military Hoaxes Act of 2004 - (Sec. 2022) Amends the Federal criminal code to provide criminal and civil penalties for false information concerning terrorist activities and military hoaxes.
(Sec. 2023) Increases statutory penalties for false statements to Federal authorities and for obstructing administrative or congressional proceedings if the matter relates to international or domestic terrorism. Requires the U.S. Sentencing Commission to amend the U.S. Sentencing Guidelines to increase the offense level for such offenses.
Subtitle C: Material Support to Terrorism Prohibition Enhancement Act of 2004 - Material Support to Terrorism Prohibition Enhancement Act of 2004 - (Sec. 2042) Establishes criminal penalties for: (1) knowingly receiving military-type training from an organization designated as a foreign terrorist organization by the Secretary of State; and (2) knowingly or intentionally providing material support to international or domestic terrorists or terrorist organizations. Provides extraterritorial Federal jurisdiction over such offenses in specified circumstances.
Subtitle D: Weapons of Mass Destruction Prohibition Improvement Act of 2004 - Weapons of Mass Destruction Prohibition Improvement Act of 2004 - (Sec. 2052) Expands the jurisdictional bases and scope of the prohibition against weapons of mass destruction (WMDs). Expands the definition of "restricted persons" subject to the prohibition on possession or transfer of biological agents or toxins to include individuals acting for a country determined to have provided repeated support for international terrorism. Includes chemical weapons within the definition of WMDs.
Adds offenses involving biological weapons, chemical weapons, and nuclear materials to the racketeering predicate offense list.
(Sec. 2053) Provides criminal liability for participation in nuclear and WMD threats against the United States. Provides extraterritorial Federal jurisdiction over such offenses.
Subtitle E: Money Laundering and Terrorist Financing - Chapter 1: Funding to Combat Financial Crimes Including Terrorist Financing - (Sec. 2101) Authorizes appropriations for technological improvements in mission-critical systems of the Financial Crimes Enforcement Network (FinCEN).
(Sec. 2102) Reauthorizes appropriations for the national money laundering and related financial crimes strategy, the financial crime-free communities support program, and grants to fight money laundering and related financial crimes.
Chapter 2: Enforcement Tools to Combat Financial Crimes Including Terrorist Financing - Subchapter A: Money laundering abatement and financial antiterrorism technical corrections - Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004 - (Sec. 2112) Makes technical corrections to the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001.
(Sec. 2114) Amends that Act to delete congressional authority to review and terminate its provisions by joint resolution.
(Sec. 2115) Makes this subchapter retroactively effective as if included in the USA PATRIOT Act of 2001.
Subchapter B: Additional enforcement tools - (Sec. 2121) Authorizes the Treasury to produce currency, postage stamps, and other security documents for foreign governments subject to certain conditions.
(Sec. 2122) Amends the Federal criminal code to prohibit the custody, control, or possession, with the intent to defraud, of materials that can be used to counterfeit obligations and other securities of the United States or foreign governments, banks, or corporations.
(Sec. 2123) Directs the Secretary of the Treasury, following the Bank Secrecy Act Advisory Group's submission of a feasibility report to the Secretary and Congress, to prescribe regulations requiring selected financial institutions to report to FinCEN certain cross-border electronic transmittals of funds.
(Sec. 2124) Amends the Federal Deposit Insurance Act to prohibit certain former Federal bank examiners from holding office, position, or employment at a depository institution during the one-year period following cessation of their Federal service. Amends the Federal Credit Union Act to require the National Credit Union Administration Board to impose similar restrictions on credit union examiners.
Subtitle F: Criminal History Background Checks - Criminal History Access Means Protection of Infrastructures and Our Nation Act - (Sec. 2142) Requires the Attorney General to: (1) initiate a pilot program to establish and maintain criminal history information checks for use by employers; and (2) report on all statutory requirements for criminal history checks by the Department of Justice or its components, including recommendations for consolidating existing procedures.
(Sec. 2144) - Private Security Officer Employment Authorization Act of 2004 - Allows employers of private security officers who are authorized by regulation to request criminal history record information searches of such security officers through a State identification bureau (authorized employers) to submit fingerprints or other means of positive identification for purposes of such searches. Requires written consent from employees prior to such searches and employee access to any information received.
Establishes criminal penalties for the knowing and intentional use of information obtained through criminal history record information searches for purposes other than determining an individual's suitability for employment as a private security officer.
(Sec. 2145) Directs the Attorney General to establish a task force to examine the establishment of a national clearinghouse to process IAFIS (Integrated Automated Fingerprint Identification System of the FBI) criminal history record requests from employers providing private security guard services with respect to critical infrastructure.
Subtitle G: Protection of United States Aviation System From Terrorist Attacks - (Sec. 2171) Requires the issuance of guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
Requires the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)) (hereinafter Assistant Secretary) to establish a uniform travel credential for Federal, State, and local law enforcement officers that incorporates biometrics and a process for using such credential to verify officer identify for purposes of carrying weapons on board aircraft.
(Sec. 2172) Requires the Secretary of Homeland Security to: (1) prepare and update a transportation sector specific plan and transportation modal security plans; and (2) annually report such plans.
Directs the Assistant Secretary to issue operational criteria for airports in response to such plans.
(Sec. 2173) Requires the Assistant Secretary to begin testing a next generation passenger prescreening system no later than November 1, 2004, that will allow the Department of Homeland Security (DHS) to compare passenger name records with names on the automatic selectee and no-fly lists.
Directs the Secretary of Homeland Security to issue notice of a proposed rulemaking that will allow the DHS to compare passenger names for inbound or outbound international flights against the consolidated and integrated terrorist watchlist maintained by the Federal Government (terrorist watchlist).
Requires the Assistant Secretary, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration (FAA), to ensure that individuals are screened against the terrorist watchlist before being: (1) certified by the FAA; (2) issued credentials for airport secure area access; or (3) issued credentials for access to air operations areas of airports.
Requires the Comptroller General to report on the Assistant Secretary's assumption of passenger prescreening functions.
(Sec. 2174) Requires the Assistant Secretary to: (1) give priority to airport screening checkpoint technology that will detect nonmetallic weapons and explosives; (2) transmit to the appropriate congressional committees a strategic plan to promote optimal use and deployment of explosive detection devices at airports; and (3) carry out and report on a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft.
(Sec. 2176) Directs the TSA to develop technology to better identify, track, and screen air cargo.
(Sec. 2177) Establishes a Checkpoint Screening Security Fund in the DHS. Requires Fund amounts to be available for equipment to improve explosives detection at airport security screening checkpoints.
(Sec. 2178) Requires the TSA to: (1) conduct a pilot program to test, integrate, and deploy next generation security checkpoint screening technology at not less than five airports; and (2) conduct human factor studies to improve screener performance.
(Sec. 2179) Establishes civil penalties for failing to secure cockpit doors during aircraft operation.
(Sec. 2180) Requires the Director of the Federal Air Marshal Service to continue developing operational initiatives to protect Federal air marshal anonymity.
(Sec. 2181) Requires the Assistant Secretary for Immigration and Customs Enforcement and the Director of the Federal Air Marshal Service, in coordination with the TSA, to: (1) provide in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while on duty; and (2) ensure that TSA screeners and Federal Air Marshals, as well as Federal and local law enforcement agencies in border States, receive training in identifying fraudulent identification documents including fraudulent or expired visas or passports.
(Sec. 2182) Requires the Assistant Secretary to: (1) implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons; and (2) conduct a one-year review of the safety record of such program and report the results to the appropriate congressional committees.
(Sec. 2183) Requires the TSA to expedite implementation of the registered traveler program.
(Sec. 2184) Directs the TSA, in consultation with the FAA, to study the viability of providing devices or methods to enable flight crews to discreetly notify pilots in the case of security breaches or safety issues in the cabin and to report results of the study to appropriate congressional committees.
(Sec. 2185) Requires the Assistant Secretary to report on the costs and benefits of using secondary flight deck barriers and whether such barriers should be mandated for all air carriers.
(Sec. 2186) Extends, through FY 2006, the authorization of appropriations for aviation security.
(Sec. 2187) Requires the Assistant Secretary to report on airport perimeter security.
(Sec. 2188) Directs the Secretary of Homeland Security to take necessary action to expedite installation and use of advanced in-line baggage screening equipment at commercial airports.
Subtitle H: Other Matters - (Sec. 2191) Amends the Federal Rules of Criminal Procedure to authorize disclosure of certain grand jury matters, including matters involving threats of terrorism, to foreign government officials.
(Sec. 2192) Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require the National Intelligence Director, within one year of assuming office, to establish an interim interoperable intelligence data exchange system that connects data systems operated independently by IC entities and the NCC.
Requires the Director, not later than September 11, 2007, to establish a fully functional interoperable law enforcement and intelligence electronic data system within the NCC to provide immediate access to information in databases of Federal law enforcement agencies and the IC which is necessary to identify terrorists and supporters of terrorism, to be known as the Chimera system (currently, under the auspices of the DHS).
Requires the Director to submit interim reports on progress toward implementing this section.
(Sec. 2193) Requires the Director of the FBI to establish: (1) a comprehensive intelligence program for FBI intelligence analysts and intelligence production, sources, and operations; (2) an Intelligence Directorate within the FBI; and (3) a specialized, integrated intelligence cadre composed of Special Agents, analysts, linguists, and surveillance specialists.
Requires the Director to: (1) take appropriate actions to ensure integration of analysis, Special Agents, linguists, and surveillance personnel in FBI field intelligence components; (2) modify the FBI's budget structure to reflect the FBI's main programs; and (3) submit annual reports on progress toward carrying out the requirements of this section.
(Sec. 2194) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make the Community Oriented Policing Services (COPS) program a single grant program. Authorizes appropriations for the program through FY 2007.
Subtitle I: Police Badges - Badge Security Enhancement Act of 2004 - (Sec. 2202) Eliminates the decorative and general recreational exceptions to the Federal prohibition on the unauthorized possession of counterfeit or unauthorized police badges that have been transported in interstate or foreign commerce.
Subtitle J: Railroad Carriers and Mass Transportation Protection Act of 2004 - Railroad Carriers and Mass Transportation Protection Act of 2004 - (Sec. 2302) Amends the Federal criminal code to combine provisions prohibiting the willful wrecking of trains with those prohibiting terrorist attacks and other violence against mass transportation systems.
Subtitle K: Prevention of Terrorist Access to Destructive Weapons Act of 2004 - Prevention of Terrorist Access to Destructive Weapons Act of 2004 - (Sec. 2403) Amends the Federal criminal code to make it unlawful for any person to knowingly produce, construct (engineer or synthesize in the case of variola virus), otherwise acquire, transfer, receive, possess, import, export, or use, or possess and threaten to use: (1) missile systems designed to destroy aircraft; (2) radiological dispersal devices; or (3) variola virus.
Amends the Atomic Energy Act of 1954 to make it unlawful for any person to knowingly manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use any atomic weapon.
Establishes penalties for such offenses including fines, imprisonment for 30 years to life, and the death penalty where the death of another results.
Establishes Federal jurisdiction over such offenses where they occur in interstate or foreign commerce, are committed by or against a U.S. national outside of the United States, are committed against Federal property both within and outside of the United States, or where an offender aids or abets or conspires with any person over whom jurisdiction exists.
(Sec. 2407) Adds such offenses to: (1) the list of offenses for which orders authorizing the interception of wire, oral, or electronic communications may be obtained; (2) the definition of "Federal crime of terrorism" for purposes of provisions prohibiting acts of terrorism transcending international boundaries; and (3) the definition of "specified unlawful activity" for purposes of provisions addressing money laundering.
(Sec. 2410) Amends the Arms Export Control Act to add such offenses to the statutory list of adverse considerations supporting disapproval of an export license application.
Subtitle L: Terrorist Penalties Enhancement Act of 2004 - Terrorist Penalties Enhancement Act of 2004 - (Sec. 2502) Provides the death penalty or imprisonment for up to life for terrorist offenses that result in the death of another person.
Denies Federal benefits to individuals or corporations convicted of a terrorist offense.
Adds terrorist offenses resulting in death to the list of aggravating factors for purposes of determining whether a sentence of death is justified for homicide.
(Sec. 2503) Amends the Violent Crime Control and Law Enforcement Act of 1994 to make death penalty procedures retroactively applicable to certain aircraft piracy violations committed prior to enactment of that Act.
Subtitle M: Pretrial Detention and Postrelease Supervision of Terrorists - Pretrial Detention and Lifetime Supervision of Terrorists Act of 2004 - (Sec. 2602) Creates a presumption of pretrial detention in certain cases involving terrorism.
(Sec. 2603) Provides for lifetime postrelease supervision of terrorists regardless of whether commission of the offense resulted in, or created a foreseeable risk of, death or serious bodily injury to another person (as is currently required).
Title III: Border Security and Terrorist Travel - Subtitle A: Immigration Reform in the National Interest - Chapter 1: General Provisions - (Sec. 3001) Amends the Immigration and Nationality Act (INA) to allow the President to waive passport requirements only in cases in which: (1) a U.S. citizen is entering or departing the United States from a foreign contiguous territory; and (2) the citizen bears a document designated by the Secretary of Homeland Security (Secretary) that adequately identifies the bearer as a citizen.
(Sec. 3002) Allows the Secretary and Secretary of State jointly to waive documentary requirements for nonimmigrants only: (1) on the basis of an unforeseen emergency; (2) in the case of certain aliens proceeding in immediate and continuous transit through the United States; or (3) on the basis of reciprocity with respect to nationals of foreign contiguous territories or adjacent islands but only if such nationals are required to be in possession of secure identification as a condition of admission.
(Sec. 3003) Requires the Secretary to increase: (1) the number of full-time Border Patrol agents by not less than 2,000 per fiscal year from FY 2006 through 2010; and (2) the number of full-time immigration and customs enforcement investigators by not less than 800 per fiscal year for the same period. Requires designation of at least half of the additional investigators for unlawful employment investigations.
(Sec. 3005) Directs the Secretary to increase by not less than 2,500 in each of FYs 2006 and 2007 the number of beds available for immigration detention and removal operations of the Department of Homeland Security (DHS).
(Sec. 3006) Limits the documents that an alien may present to any Federal employee for purposes of establishing identity to: (1) documents issued under authority of the immigration laws; (2) domestically issued documents that the Secretary designates as reliable, which cannot be issued to aliens unlawfully present; or (3) an unexpired, lawfully issued foreign passport.
(Sec. 3007) Requires the expedited removal of inadmissible aliens (except certain aliens from Western Hemisphere countries) arriving in the United States or who have not been admitted or paroled into the United States and have not been continuously physically present for the preceding five years, unless such aliens are seeking asylum or claiming a fear of persecution.
(Sec. 3008) Requires asylum applicants accused of being members or supporters of guerrilla, militant, or terrorist organizations to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution.
Allows the credible, persuasive, and fact-specific testimony of the applicant to sustain this burden of proof without corroboration. Requires corroborating evidence where requested by the trier of fact unless a reasonable explanation is given for its absence. Lists factors relevant to credibility determinations in such cases. Limits judicial review of determinations regarding the availability of such evidence.
(Sec. 3009) Precludes judicial review of visa revocations or revocations of other travel documents by consular officers or the Secretary of State. Adds to the list of deportable aliens those nonimmigrants whose visas or other documentation authorizing admission were revoked (making such aliens immediately deportable).
(Sec. 3010) Bars aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of certain discretionary relief through habeas corpus, mandamus, or other extraordinary petitions.
Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law.
Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
Limits judicial authority to grant stays of removal.
Chapter 2: Removal of Terrorists and Supporters of Terrorism - (Sec. 3031) Makes the statutory restriction on removing an alien to a country where the alien's life or freedom would be threatened inapplicable to those aliens who have engaged in, or are likely to engage in, certain terrorist activity.
Applies this provision to removal proceedings instituted, and grounds of inadmissibility or removal occurring, before, on, or after the enactment of this Act.
(Sec. 3032) Authorizes the Secretary, in the Secretary's unreviewable discretion, to detain certain aliens ordered removed who are deemed to be especially dangerous, subject to review every six months.
Requires the Secretary of State to seek diplomatic assurances that such aliens, who have been granted protection restricting their removal, will be protected if removed.
(Sec. 3033) Provides for removal to an alien's country of citizenship, residence, or birth where the country otherwise designated by statute is unwilling to accept the alien, unless: (1) such country physically prevents the alien's entry; or (2) the alien's removal to such country would be prejudicial to the United States.
Makes this section applicable to any deportation, exclusion, or removal on or after the enactment of this Act, regardless of when the underlying order of deportation, exclusion, or removal became administratively final.
(Sec. 3034) Expands the grounds of inadmissibility due to terrorist or terrorist-related activity to include aliens who: (1) are representatives of terrorist organizations or political, social, or other groups that endorse or espouse terrorist activity; (2) are members of designated terrorist organizations; (3) are members of organizations that engage in specified acts of terrorism; (4) endorse or espouse terrorist activity or persuade others to do so; or (5) have received military-type training from or on behalf of any organization that at the time was a terrorist organization.
Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of a discretionary waiver of inadmissibility for the material support of an organization or individual that has engaged in terrorist activity.
Expands the definition of "terrorist organization" to incorporate a broader range of underlying activities.
Makes this section applicable to removal proceedings instituted, and grounds of inadmissibility occurring, before, on, or after the enactment of this Act.
(Sec. 3035) Expands the grounds of deportability due to terrorist activity to include aliens who would be inadmissible on terrorism-related grounds.
Makes this section applicable to grounds of removal occurring before, on, or after the date of enactment of this Act.
Chapter 3: Preventing Commercial Alien Smuggling - (Sec. 3041) Provides enhanced criminal penalties for unlawfully bringing in and harboring aliens in cases where: (1) the offense is part of an ongoing commercial organization or enterprise; (2) aliens were transported in groups of ten or more; (3) aliens were transported in a manner that endangered their lives; or (4) the aliens presented a life-threatening health risk to the people of the United States.
Requires the Secretary to implement an outreach program to educate the public in the United States and abroad about the penalties for unlawfully bringing in and harboring aliens.
Subtitle B: Identity Management Security - Chapter 1: Improved Security for Drivers' Licenses and Personal Identification Cards - (Sec. 3052) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.
Sets forth minimum issuance standards for such documents that require, among other things: (1) verification of presented information; (2) evidence that the applicant is lawfully present in the United States; and (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).
(Sec. 3053) Requires States, as a condition of receiving grant funds or other financial assistance under this subtitle, to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).
(Sec. 3055) Authorizes the Secretary to make grants to States to assist them in conforming to the minimum standards set forth in this chapter.
Chapter 2: Improved Security for Birth Certificates -(Sec. 3063) Establishes minimum document and issuance standards for State-issued birth certificates as a prerequisite to Federal agency acceptance of birth certificates for any official purpose. Requires States to: (1) collect and verify specified identity information from the requestor of a birth certificate; (2) require the presentation of legal authorization if the requestor is not the person named in the birth certificate; (3) establish minimum building security standards for vital records offices; (4) provide document fraud training to appropriate employees engaged in the birth certificate issuance process; and (5) establish a central database capable of providing interoperative data exchange with other States and Federal agencies.
(Sec. 3064) Directs the Secretary to work with the States to establish a common data set and data exchange protocol for electronic birth and death registration systems, incorporating fraud prevention features.
(Sec. 3065) Requires the Secretary to lead implementation of electronic verification of a person's birth and death.
(Sec. 3066) Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this chapter. Authorizes related appropriations through FY 2009.
Chapter 3: Measures to Enhance Privacy and Integrity of Social Security Account Numbers - (Sec. 3071) Amends the Social Security Act to prohibit the display of social security numbers on driver's licenses, motor vehicle registrations, or any other document issued by a State or political subdivision to an individual for identification purposes. Prohibits the inclusion of such numbers in a magnetic strip, bar code, or other means of communication on such documents.
(Sec. 3072) Directs the Commissioner of Social Security to require independent verification of birth records provided in support of an application for a social security number, other than for purposes of enumeration at birth.
Requires the Commissioner to study and report on the feasibility and cost effectiveness of verifying all identification documents submitted by an applicant for a replacement social security card.
(Sec. 3073) Requires the Commissioner to: (1) make and report on specified improvements to the enumeration at birth program for the issuance of social security numbers to newborns; and (2) study and report on the most efficient options for ensuring the integrity of the process for enumeration at birth.
(Sec. 3074) Directs the Commissioner to study and report on the possibility of requiring photographic identification for old-age, survivors, and disability insurance benefits, for social security numbers, or for replacement social security cards.
(Sec. 3075) Directs the Commissioner to restrict the issuance of multiple replacement social security cards to three per year and ten for life per individual, except in cases where there is minimal opportunity for fraud.
(Sec. 3076) Requires the Commissioner to study and report on the best method of modifying social security numbers for individuals who are not U.S. citizens, who have not been admitted for permanent residence, and who are not authorized to work (or have restricted authorization) so as to reflect such lack of authorization or restrictions.
Subtitle C: Targeting Terrorist Travel - (Sec. 3081) Requires the Comptroller General, the Secretary of State, and the Secretary, not later than May 31, 2005, each to submit to specified congressional committees studies of the feasibility, costs, benefits, and relative importance to tracking terrorist travel and apprehending suspected terrorists, of: (1) requiring nationals of all countries to present machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers; and (2) creating a travel history database containing information on the lifetime travel history of foreign nationals and U.S. citizens. Requires such studies to include recommendations on incentives to encourage foreign nations to participate in such initiatives.
(Sec. 3082) Amends INA to require the Secretary, by January 1, 2008, to establish 15 to 25 additional preinspection stations at foreign airports which the Secretary determines would most effectively reduce the number of inadmissible aliens, especially terrorists, arriving at U.S. ports of entry. Requires the Secretary and the Secretary of State to report on implementation of this requirement. Authorizes related appropriations through FY 2007.
(Sec. 3083) Requires the selection of at least 50 airports that lack preinspection stations for the current program of assigning additional immigration officers to assist air carriers in detecting fraudulent documents. Authorizes related appropriations through FY 2007.
(Sec. 3084) Authorizes the Secretary of State to increase the number of consular officers by 150 per year through FY 2009.
Requires all nonimmigrant visa applications to be reviewed and adjudicated by a consular officer (thus precluding the use of foreign nationals for nonimmigrant visa screening).
Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require consular officer training in document fraud detection.
Directs the Secretary of State, in coordination with the Secretary: (1) to conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants; and (2) not later than July 31, 2005, to identify the 100 posts experiencing the highest level of fraud and place in each such post a full-time anti-fraud specialist.
(Sec. 3085) Amends the Federal criminal code to increase penalties for fraud and related activity in connection with identification documents and information. Expands the offense to include documents that are or appear to be issued under the authority of any specified government entity, including foreign governments, or international quasi-governmental organization (currently, limited to documents with a Federal, interstate commerce, or foreign commerce connection).
(Sec. 3086) Establishes criminal penalties for persons who falsely claim U.S. citizenship in order to enter or remain in the United States.
(Sec. 3087) Requires the Secretary of State to ensure that the Antiterrorism Assistance Training program of the Department of State (DOS) is carried out primarily to train host nation security services for the specific purpose of ensuring the physical security and safety of U.S. Government facilities and personnel abroad. Authorizes the Secretary of State to expand the program upon the approval of the Attorney General and after providing notification to the appropriate congressional committees.
(Sec. 3088) Directs the President to seek the implementation of an effective international agreement requiring: (1) the establishment of a system to share information on lost, stolen, and fraudulent passports and other travel documents; (2) the establishment and implementation of a real-time verification system of such documents; and (3) the criminalization of certain conduct that could aid terrorist travel. Requires the President to submit annual progress reports on such efforts.
(Sec. 3089) Expresses the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the translation of names into the Roman alphabet in order to ensure common spellings for international travel documents and name-based watchlist systems.
(Sec. 3090) Requires the Secretary to: (1) develop a plan to accelerate full implementation of an automated biometric entry and exit data system (entry-exit system; (2) integrate the entry-exit system with all databases and data systems maintained by the United States Citizenship and Immigration Services that process or contain information on aliens; (3) establish procedures to ensure the accuracy and integrity of data in the entry-exit system, including procedures for individuals to seek correction of such data; and (4) implement a registered traveler program to expedite processing of travelers entering and exiting the United States, which shall be integrated with the entry-exit system. Requires any information entered into the entry-exit system to be entered by authorized officers in compliance with established procedures that guarantee the identification of the person placing the information. Requires the standardization of information and data collected from foreign nationals as well as the procedures used to collect such data.
Directs the President or agency director designated by the President to establish a clearinghouse bureau at DHS to centralize and streamline the process through which members of the public can seek correction of erroneous or inaccurate information on immigration status or admissibility.
Requires the Secretary to submit reports on the requirements of this section and related matters. Authorizes related appropriations through FY 2009.
(Sec. 3091) Declares that it is the policy of the United States to: (1) make combating terrorist travel a priority for U.S. counterterrorism policy; and (2) ensure that information relating to individuals who facilitate such travel by creating false documents is fully shared within the U.S. Government and with foreign governments.
Amends the State Department Basic Authorities Act of 1956 to give the DOS Coordinator for Counterterrorism responsibility for: (1) analyzing methods used by terrorists to travel internationally; (2) developing policies to curtail such travel; and (3) coordinating such policies with other entities.
(Sec. 3092) Establishes an Office of Visa and Passport Security within the DOS Bureau of Diplomatic Security.
Subtitle D: Terrorist Travel - (Sec. 3101) Requires the Secretary to: (1) establish a mechanism to ensure the coordination and dissemination of terrorist travel intelligence and operational information; and (2) establish a program to analyze and use information and intelligence regarding terrorist travel tactics, patterns, trends, and practices and to disseminate such information to DHS personnel at or between ports of entry, to immigration benefits offices, and to appropriate individuals at U.S. embassies or consulates.
(Sec. 3103) Directs the Secretary, in consultation with the Secretary of State, to review and revise training provided to DHS and DOS personnel with respect to travel and identity documents and terrorist travel.
(Sec. 3104) Requires the Secretary, in consultation with the Secretary of State, to submit to Congress a plan to ensure that DHS and DOS acquire and deploy at consulates, ports of entry, and immigration benefits offices technologies that facilitate document authentication and the detection of potential terrorist indicators on travel documents. Requires the plan to address the feasibility of using such technologies to screen passports submitted for identification purposes to U.S. consular, border, or immigration officials.
Subtitle E: Maritime Security Requirements - (Sec. 3111) Establishes a deadline of December 31, 2004, for DHS to carry out security planning activities called for in the Maritime Transportation Security Act of 2002, including: (1) preparation of a national maritime transportation security plan; (2) facility and vessel vulnerability assessments; and (3) issuance of transportation security card regulations.
Subtitle F: Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad - (Sec. 3121) Amends INA to render inadmissible and deportable those aliens who: (1) order, incite, assist, or otherwise participate in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide; and (2) commit, order, incite, assist, or participate in acts of torture or extrajudicial killing as defined by U.S. law. Makes these amendments applicable to offenses committed before, on, or after the enactment of this Act.
(Sec. 3122) Designates as inadmissible and deportable foreign government officials who have at any time committed particularly severe violations of religious freedom.
(Sec. 3123) Provides for a waiver of inadmissibility premised on torture or extrajudicial killing for aliens seeking temporary admission as nonimmigrants, in the Attorney General's discretion. Precludes waivers for such aliens who have engaged in Nazi persecution or genocide.
(Sec. 3124) Bars a finding of good moral character (necessary for naturalization) for: (1) those aliens who participated in Nazi persecution, genocide, torture, or extrajudicial killing; or (2) aliens who were responsible for particularly severe violations of religious freedom while serving as a foreign government official.
(Sec. 3125) Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and, where appropriate, take action to denaturalize any alien who participated in Nazi persecution, genocide, torture, or extrajudicial killing; (2) consult the Secretary in making determinations concerning the criminal prosecution or extradition of such aliens.
(Sec. 3126) Requires the Attorney General to submit to specified congressional committees a report on implementation of this subtitle.
Subtitle G: Security Barriers - (Sec. 3131) Exempts previously authorized construction of physical barriers and roads along the U.S.-Mexico border in California from certain environmental and other requirements.
Title IV: International Cooperation and Coordination - Subtitle A: Attack Terrorists and Their Organizations - Chapter 1: Provisions Relating to Terrorist Sanctuaries - (Sec. 4001) Expresses the sense of Congress with respect to U.S. policy on terrorist sanctuaries.
(Sec. 4002) Directs the President to report on a strategy for addressing and eliminating terrorist sanctuaries. Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require annual State Department country reports on terrorism to include detailed assessments of foreign countries whose territories are being used, or could be used, as a sanctuary for terrorists or terrorist organizations. Specifies provisions to be included in such reports, including: (1) how much knowledge foreign governments have as to terrorist activities in their countries; (2) actions by such countries to eliminate terrorist sanctuaries, cooperate with U.S. antiterrorism efforts, and prevent the proliferation of and trafficking in weapons of mass destruction (WMDs) in their countries; (4) a strategy for addressing and eliminating terrorist sanctuaries; and (5) an analysis of trends in international terrorism.
(Sec. 4003) Amends the Export Administration Act of 1979 to extend restrictions on exports to countries whose territories are being used as sanctuaries for terrorists or terrorist organizations. Sets forth a process for the waiver of restrictions for countries that are: (1) taking concrete, verifiable steps to eliminate terrorist sanctuaries; (2) cooperating with antiterrorism efforts; and (3) taking actions to prevent the proliferation of, and trafficking in, WMDs in their territory. Directs the President to implement export restrictions on countries with terrorist sanctuaries by exercising Presidential authorities under the International Emergency Economic Powers Act.
Chapter 2: Other Provisions - (Sec. 4011) Directs the Secretary of State, after consultation with specified Congressional Committees, to make appointments to the Arms Control and Nonproliferation Advisory Board (Advisory Board) to eliminate existing vacancies.
(Sec. 4012) Directs the Undersecretary of State for Arms Control and International Security to instruct the Advisory Board to review existing U.S. policies relating to the proliferation of WMDs and the control of strategic weapons. Requires such review to include: (1) an identification of all major deficiencies in existing U.S. policies relating to the proliferation of WMDs and the control of strategic weapons; and (2) proposals to address any significant threat from such policy deficiencies. Requires the Advisory Board to submit an interim and final report not later than December 1, 2005, containing the comprehensive results of such review.
(Sec. 4013) Amends the State Department Basic Authorities Act of 1956 to require the State Department Coordinator for Counterterrorism to negotiate bilateral agreements to address and interdict acts of international terrorism. Expresses the sense of Congress with respect to the terms and conditions of such agreements.
(Sec. 4014) Expresses the sense of Congress that the President should develop, with Coalition countries, an effective approach toward the detention and humane treatment of captured terrorists.
Subtitle B: Prevent the Continued Growth of Terrorism - Chapter 1: United States Public Diplomacy - (Sec. 4021) Directs the Secretary of State to submit to Congress an annual assessment of the impact of public diplomacy efforts on target audiences and a public diplomacy strategy plan.
(Sec. 4022) Sets forth U.S. policy on public diplomacy training. Directs the Secretary to seek to increase the number of Foreign Service officers proficient in languages spoken in Muslim countries.
(Sec. 4023) Declares that the United States should commit to a long-term engagement with Muslim populations, particularly with Muslim youth and those who influence youth.
(Sec. 4024) Amends the Foreign Service Act of 1980 to require that after January 1, 2009, selection boards established to evaluate the performance of members of the Foreign Service shall include in their considerations whether members have served in at least one position related to public diplomacy.
Chapter 2: United States Multilateral Diplomacy - (Sec. 4032) Directs the President to: (1) continue to support and seek to expand the work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission; and (2) seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other international organizations.
(Sec. 4033) Directs the President to use the influence of the United States to reform criteria in United Nations bodies and other international organizations to exclude certain countries that violate the principles of specific organizations, are subject to United Nations sanctions, or have been determined to have supported international terrorism or terrorist organizations.
(Sec. 4034) Amends the Foreign Service Act of 1980 to direct the Secretary of State to establish a training program on multilateral diplomacy for officers of the Foreign Service and civil service employees..
(Sec. 4035) Authorizes the Secretary of State to establish an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations with the rank of Ambassador-at-large. Sets forth the duties of the Special Representative, including the primary responsibility of assisting in the organization of, and preparation for, U.S. participation in multilateral negotiations.
Chapter 3: Other Public Diplomacy Provisions - (Sec. 4041) Authorizes the Secretary of State to conduct a pilot program to make grants to American-sponsored elementary and secondary schools in predominantly Muslim countries to provide scholarships to lower and middle-income families. Directs the Secretary to report on the pilot program not later than April 15, 2006. Authorizes appropriations for the pilot program through FY 2007.
(Sec. 4042) Authorizes appropriations through FY 2007 for grants to the National Endowment for Democracy to establish a free and independent international media network.
(Sec. 4043) Directs the Secretary to: (1) instruct chiefs of diplomatic missions abroad to report on and combat biased or false media coverage of the United States; and (2) report on such biased or false coverage and actions taken to persuade foreign governments to changes policies that encourage such coverage.
(Sec. 4044) Directs the President to report on U.S. strategy to expand its outreach to foreign Muslim audiences through broadcast media.
(Sec. 4045) Directs the Secretary to consolidate in one building all State Department Offices responsible for the conduct of public diplomacy, including the Bureau of Educational and Cultural Affairs.
(Sec. 4046) Expresses the sense of Congress with respect to strengthening the Community of Democracies for Muslim countries. Directs the Secretary to report on efforts by the Community of Democracies to support and promote reforms in Muslim countries.
Subtitle C: Reform of Designation of Foreign Terrorist Organizations - (Sec. 4051) Amends the Immigration and Nationality Act to revise procedures for the designation of foreign terrorist organizations. Provides for periodic review of the status of such organizations and the publication of such review in the Federal Register
(Sec. 4052) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to include in annual State Department country reports on terrorism information on terrorist groups that seek WMDs and groups that have been designated as foreign terrorist organizations.
Subtitle D: Afghanistan Freedom Support Act Amendments of 2004 - (Sec. 4061) Afghanistan Freedom Support Act Amendments of 2004 - Amends the Afghanistan Freedom Support Act of 2002 to require (under current law the President is "strongly urged") the President to designate, within the State Department, a Coordinator of Afghanistan affairs. Requires the Coordinator to: (1) submit to Congress annually the President's plan for assistance to Afghanistan with a description of such assistance in prior years; and (2) coordinate the implementation of assistance to Afghanistan with the Government of Afghanistan, the international community, and other agencies.
(Sec. 4063) Reaffirms authorities in the Afghanistan Freedom Support Act of 2002 relating to economic and democratic development assistance for Afghanistan. Declares U.S. policy for support of Afghanistan. Directs the President to formulate and transmit to Congress a five-year strategy for addressing the long-term development and security needs of Afghanistan. Directs the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Defense to submit to Congress a five-year plan to implement the President's strategy and carry out annual reviews of the President's strategy.
(Sec. 4064) Revises provisions relating to assistance for establishing basic legal institutions in Afghanistan. Provides for assistance for the protection of Afghanistan's culture, history, and national identity.
(Sec. 4065) Directs the Secretary of State to submit periodic reports on the obligations and expenditures of U.S. assistance for Afghanistan from all U.S. Government agencies.
(Sec. 4066) Declares it to be U.S. policy to: (1) take immediate steps to disarm private militias, particularly child soldiers, in Afghanistan; and (2) support the expansion of international peacekeeping and security operations in Afghanistan.
(Sec. 4067) Directs the President to encourage and enable other countries to actively participate in expanded international peacekeeping and security operations in Afghanistan and to report on such efforts.
(Sec. 4068) Authorizes the President to implement specific initiatives to assist in the eradication of poppy cultivation and the disruption of heroin production in Afghanistan. Expresses the sense of Congress that the President should make the substantial reduction of drug production and trafficking in Afghanistan a priority in the Global War on Terrorism. Requires the Secretaries of Defense and State to submit a report on progress in reducing drug production in Afghanistan and the extent to which illegal drug activity finances terrorist organizations seeking to undermine the Government of Afghanistan.
(Sec. 4069) Extends through January 1, 2012, the reporting requirement on the implementation of strategies for meeting the immediate and long-term security needs of Afghanistan.
(Sec. 4070) Repeals provisions of the Foreign Assistance Act of 1961 prohibiting certain assistance to Afghanistan.
Subtitle E: Provisions Relating to Saudi Arabia and Pakistan - (Sec. 4081) Expresses the sense of Congress with respect to the relationship between the United States and Saudi Arabia. Directs the President to submit to Congress a strategy for collaboration with the people and Government of Saudi Arabia on subjects of mutual interest and importance to the United States.
(Sec. 4082) Expresses the sense of Congress that the United States should make a long-term commitment to Pakistan to ensure a promising, stable, and secure future for that country. Directs the President to send to Congress a detailed proposed strategy for the future, long-term engagement of the United States with Pakistan.
(Sec. 4083) Extends through FY 2006 the authority of the President to waive certain foreign assistance restrictions on Pakistan.
Subtitle F: Oversight Provisions - (Sec. 4091) Amends the Case-Zablocki Act to require the Secretary of State to: (1) publish in slip form, or on the State Department Internet website, a published treaty or international agreement not later than 180 days after such treaty or agreement enters into force; and (2) submit an annual report containing an index of all international agreements (including oral agreements) that the United States has signed or otherwise executed during the preceding calendar year, including all agreements that have not been, or will not be. published.
Subtitle G: Additional Protections of United States Aviation System from Terrorist Attacks - (Sec. 4101) Encourages the President to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals and flight deck officers on international flights.
(Sec. 4102) Authorizes the Federal Air Marshal Service to provide air marshal training to law enforcement personnel of foreign countries.
(Sec. 4103) Directs the President to pursue, on an urgent basis, strong diplomatic and cooperative efforts to limit the availability, transfer, and proliferation of MANPADS (shoulder-fired missles) worldwide and report on such efforts.
Requires the Administrator of the Federal Aviation Administration (FAA) to establish, and report on, a process for conducting airworthiness and safety certification of missle defense systems (counter MANPADS) for commercial aircraft certified as effective and functional by the Department of Homeland Security.
Encourages the President to pursue programs to reduce MANPADS worldwide and to report on such programs.
Directs the Secretary of Homeland Security to transmit a report describing plans to secure airports against MANPADSs attacks.
Subtitle H: Improving International Standards and Cooperation to Fight Terrorist Financing - (Sec. 4111) Expresses the sense of Congress that the Secretary of the Treasury should continue to promote the dissemination of international anti-money laundering and terrorist financing standards, and to press for full implementation of the Financial Action Task Force recommendations to curb global terrorist financing.
(Sec. 4112) Amends the International Financial Institutions Act to require the Secretary to work with the International Monetary Fund (IMF) to combat terrorist financing and to testify before Congress on the status of the implementation of international anti-money laundering and counter-terrorist financing standards by the IMF and other multilateral agencies.
(Sec. 4113) Directs the Secretary to continue to convene the interagency United States Government Financial Action Task Force working group to conduct annual reviews of anti-money laundering and counter-terrorist financing standards.
Title V: Government Restructuring - Subtitle A: Faster and Smarter Funding for First Responders - Faster and Smarter Funding for First Responders Act of 2004 - (Sec. 5001) Sets forth the findings of Congress on funding for first responders.
(Sec. 5003) Amends the Homeland Security Act of 2002 to establish a grant program for funding of first responders. Requires the Secretary of Homeland Security to: (1) establish clearly defined essential capabilities for State and local government preparedness for terrorism which meet the objectives of specificity, flexibility, measurability, and comprehensiveness; and (2) establish an advisory body to be known as the Task Force on Essential Capabilities for First Responders (Task Force). Requires the Task Force to submit periodic reports to the Secretary on its recommendations for essential capabilities for preparedness for terrorism.
Directs the Secretary to establish a First Responder Grants Board to review grant applications.
Sets forth: (1) eligibility requirements and criteria for awarding grants to first responders; (2) requirements for the use of grant funds and accountability requirements; and (3) national standards for first responder equipment and training
(Sec. 5004) Includes within the duties of the Special Assistant to the Secretary the coordination of industry efforts to identify private sector resources and capabilities for supplementing Federal, State, and local government efforts to prevent or respond to a terrorist attack.
(Sec. 5005) States that this subtitle supersedes section 1014 (Grant Program for State and Local Domestic Preparedness Support) of Public Law 107-56 (USA PATRIOT ACT).
(Sec. 5006) Expresses the sense of Congress supporting the deployment of interoperable emergency communications systems and radios between emergency response providers.
(Sec. 5007) Expresses the sense of Congress supporting Citizen Corps Council participation in terrorism preparedness.
(Sec. 5008) Directs the Secretary to study, and report on, the feasibility of establishing an emergency telephonic alert notification system.
(Sec. 5009) Directs the Secretary to ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other emergencies among the divisions of the Department of Homeland Security (DHS).
(Sec. 5010) Directs the Secretary to study, and report on, the feasibility of expanding the jurisdiction of the Office of National Capital Region Coordination.
(Sec. 5011) Expresses the sense of Congress that the Communications Act of 1934 should be amended to: (1) eliminate the 85-percent penetration test; and (2) require broadcasters to cease all analog transmissions on December 31, 2006, so that the spectrum can be returned and repurposed for important public-safety and advanced commercial uses.
Subtitle B: Government Reorganization Authority - (Sec. 5021) Revises governmental reorganization authority to permit the President to: (1) prepare a reorganization plan that abolishes all, or a part of, the functions of an agency without any restriction against abolition of enforcement functions or statutory programs; and (2) create an agency as part of any reorganization plan.
Limits the authority for submission of reorganization plans to certain named intelligence community units.
Subtitle C: Restructuring Relating to the Department of Homeland Security and Congressional Oversight - (Sec. 5025) Creates an Office of Counternarcotics Enforcement in DHS. Sets forth the responsibilities of the Director of such Office for the control and interdiction of illegal drugs and reporting requirements.
(Sec. 5026) Requires each subdivision of DHS that is a National Drug Control Program Agency to include in its employee performance appraisal system criteria relating to employee performance in the enforcement of narcotics laws.
(Sec. 5027) Express the sense of the House of Representatives that the Committee on Rules should act upon recommendations provided by the Select Committee on Homeland Security regarding jurisdiction over proposed legislation, messages, petitions, memorials, and other matters relating to homeland security.
(Sec. 5028) Creates the DHS position of Assistant Secretary of Cybersecurity with primary authority over the National Communications System.
(Sec. 5029) Directs the Secretary to ensure that DHS employees engaged in screening of individuals and entities interacting with U.S. border and transportation systems have appropriate security clearances and access to DHS law enforcement and intelligence information. Requires the Secretary to report on DHS information sharing.
(Sec. 5030) Creates in DHS the position of Under Secretary for the Private Sector and Tourism.
Subtitle D: Improvements to Information Security - (Sec. 5031) Amends the Clinger-Cohen Act to require increased security for information technology capital planning and investment control responsibilities.
Subtitle E: Personnel Management Improvements - Chapter 1: Appointments Process Reform - (Sec. 5041) Requires the Director of the Office of Personnel Management to publish in the Federal Register a list of offices that constitute national security positions requiring Senate confirmation.
(Sec. 5042) Allows incumbent or newly elected Presidents, following an inauguration, to make certain temporary appointments to national security positions requiring Senate confirmation.
(Sec. 5043) Sets forth public financial disclosure requirements for certain members of the intelligence community.
(Sec. 5044) Requires the head of each Federal agency to submit a Presidential appointment reduction plan to the President and to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.
Chapter 2: Federal Bureau of Investigation Revitalization - (Sec. 5051) Permits the Director of the Federal Bureau of Investigation (FBI) to extend the mandatory retirement age for FBI employees to 65 (current law allows an extension to age 60). Terminates such authority after 2009.
(Sec. 5052) Authorizes the Director to pay, on a case-by-case basis, retention and relocation bonuses. Requires FBI employees who receive such bonuses to complete up to four years of service. Terminates the authority for such bonuses after 2009.
(Sec. 5053) Authorizes the Director to provide for the establishment and training of an FBI Reserve Service for temporary reemployment (no more than 180 days) of former FBI employees during periods of emergency. Limits the number of such Reserve Service employees to 500.
(Sec. 5054) Defines certain positions in the FBI relating to intelligence functions as critical positions.
Chapter 3: Reporting Requirement - (Sec. 5061) Directs the President to report on the hiring policies of the Federal Government with respect to its foreign language needs and the war on terrorism.
Subtitle F: Security Clearance Modernization - (Sec. 5072) Sets forth the responsibilities of the Deputy National Intelligence Director for Community Management and Resources, including: (1) directing day-to-day oversight of investigations and adjudications for personnel security clearances and highly sensitive programs throughout the Federal Government; (2) developing and implementing uniform policies and procedures for the completion of security clearances and determinations for access to highly sensitive programs; (3) ensuring reciprocal recognition of access to classified information among agencies; and (4) reviewing and coordinating the development of tools and techniques for enhancing investigations and granting of clearances.
(Sec. 5073) Requires all agencies to accept security clearances completed by an authorized investigative or adjudicative agency.
(Sec. 5074) Requires the Director of the Office of Personnel Management to establish an integrated, secure national database on security clearances.
(Sec. 5075) Requires, within one year after the enactment of this Act, each authorized investigative agency that conducts personnel security clearances to use available information technology and databases to expedite investigative processes and to verify standard information for security clearances.
(Sec. 5076) Requires processing of personnel security clearances within 60 days.
(Sec. 5077) Sets forth provisions for security clearances for candidates for high-level national security positions appointed during Presidential transition periods.
(Sec. 5078) Requires the National Intelligence Director to submit annual reports on progress made in meeting standards for security clearances.
Subtitle G: Emergency Financial Preparedness - Chapter 1: Emergency Preparedness for Fiscal Authorities - (Sec. 5081) Permits the Secretary of the Treasury to delegate the duties of the Fiscal Assistant Secretary to an employee of the Department of the Treasury (current law restricts such delegation to an officer of the Department).
(Sec. 5082) Expresses the sense of Congress that the Secretary of the Treasury should foster public-private coalitions, similar to ChicagoFIRST, that would educate consumers and employees of the financial services industry about domestic counter-terrorist financing activities.
Chapter 2: Market Preparedness - Emergency Securities Response Act of 2004 - (Sec. 5085) Amends the Securities Exchange Act of 1934 to expand the authority of the Securities and Exchange Commission to issue orders or take other actions to protect investors and markets in emergency situations. Grants similar reciprocal authority to the Secretary of the Treasury in emergency situations.
(Sec. 5087) Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange Commission to submit a joint report on the efforts of the private sector to implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System.
(Sec. 5088) Express the sense of Congress that the insurance industry and credit-rating agencies should consider a company's compliance with standards for private sector disaster and emergency preparedness in assessing insurability and creditworthiness.
(Sec. 5089) Directs the Secretary of the Treasury to submit a report on public/private partnerships to protect critical financial infrastructure.
Subtitle H: Other Matters - Chapter 1: Privacy Matters - Federal Agency Protection of Privacy Act of 2004 - (Sec. 5091) Requires Federal agencies to issue privacy impact assessments as part of their rulemaking process. Sets forth procedures for issuing privacy impact assessments and the required contents of such assessments.
(Sec. 5092) Establishes the position of chief privacy officer within each Federal agency with law enforcement or anti-terrorism functions. Sets forth the responsibilities of such officer, including: (1) ensuring that the use of technologies does not erode privacy protections; (2) evaluating legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government; and (3) ensuring that the agency protects personal information from unauthorized use.
Chapter 2: Mutual Aid and Litigation Management - Mutual Aid and Litigation Management Authorization Act of 2004 - (Sec. 5102) Authorizes States and local emergency response providers to enter into interstate mutual aid agreements with the Federal Government to provide emergency services. Limits the liability of such responders while providing assistance or participating in a training event.
(Sec. 5103) Authorizes emergency response providers to enter into litigation management agreements providing for a Federal cause of action for claims against such providers relating to, or resulting from, an act of terrorism.
(Sec. 5106) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program of emergency preparedness compacts for acts of terrorism, disasters, and emergencies.
Chapter 3: Miscellaneous Matters - (Sec. 5131) Directs the Secretary of Homeland Security to establish a program to enhance public safety interoperable communications at all levels of government. Defines "interoperable communications" as the ability of emergency response providers and relevant agencies to communicate with each other through a dedicated public safety network on demand, in real time, as necessary.
Establishes an Office for Interoperatability and Compatibility. Requires the Secretary to report on plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications.
(Sec. 5132) Expresses the sense of Congress that all levels of government should adopt the National Incident Management System (NIMS) and that the regular use of, and training in, NIMS by States, territories, tribes, and local governments should be a condition for receiving Federal preparedness assistance.
(Sec. 5133) Expresses the sense of Congress that the Secretary of Defense should regularly assess the adequacy of United States Northern Command's plans and strategies to ensure that the Command is prepared to respond effectively to all military and paramilitary threats within the United States.
(Sec. 5134) Good Samaritan Volunteer Firefighter Assistance Act of 2004 - Exempts from civil liability a person who donates fire control or fire rescue equipment to a volunteer fire company except in cases of gross negligence or intentional misconduct or where the donor is the manufacturer of the equipment.
(Sec. 5135) Directs the Secretary of Homeland Security to conduct a pilot study, and report on, issuing public homeland security warnings using a warning system similar to the AMBER Alert communications network.