(This measure has not been amended since the Conference Report was filed in the House on December 7, 2004. The summary of that version is repeated here.)
Intelligence Reform and Terrorism Prevention Act of 2004 - Title I: Reform of the Intelligence Community - National Security Intelligence Reform Act of 2004 - Subtitle A: Establishment of Director of National Intelligence - (Sec. 1011) Amends the National Security Act of 1947 to establish a Director of National Intelligence (Director), to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
Gives the Director primary responsibility for: (1) serving as head of the IC; (2) acting as principal adviser for intelligence matters related to national security; and (3) managing, overseeing, and directing the execution of the National Intelligence Program (formerly known as the National Foreign Intelligence Program). Requires the Director to ensure that timely, objective, and independent national intelligence based upon all available sources is provided to: (1) the President; (2) the heads of departments and agencies of the executive branch; (3) the Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) the Senate and House of Representatives and congressional committees.
Gives the Director access to all national intelligence and intelligence related to national security collected by Federal entities, unless otherwise directed by the President.
Outlines budgetary duties of the Director, including: (1) the development of an annual consolidated budget for the National Intelligence Program (the Program); and (2) participation in the development of annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities.
Requires the Director to manage funds appropriated for the Program.
Authorizes the Director to: (1) transfer and reprogram funds within the Program, with the approval of the Director of the Office of Management and Budget (OMB) and after consultation with the affected agencies; and (2) transfer IC element personnel to the national intelligence center or to other IC elements, with the OMB Director's approval and after notice to specified congressional committees.
Requires the Director to, among other things: (1) develop standards for the collection and dissemination of national intelligence; (2) oversee the National Counterterrorism Center (NCC) established by this Act; (3) prescribe personnel policies for the IC; (4) ensure compliance with the law by the CIA and other IC elements; (5) promote intelligence information sharing within the IC; (6) make intelligence analysis a priority within the IC; (7) implement guidelines for the protection of intelligence sources and methods; (8) oversee the coordination of the relationships between IC elements and their foreign counterparts; (9) establish requirements and priorities for the collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978 (FISA) and assist the Attorney General in the dissemination of information collected under FISA-related searches and surveillance; and (10) develop an enterprise architecture for the IC.
Requires the Director: (1) subject to the direction of the President, to establish uniform procedures for access to sensitive compartmented information; (2) subject to the direction of the President and after consultation with the Secretary of Defense, to ensure that Program budgets for IC elements within the Department of Defense (DOD) are adequate; and (3) to coordinate performance by IC elements within the Program in areas of common concern.
Establishes an Office of the Director of National Intelligence and related positions.
Establishes a National Intelligence Council to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC.
Establishes within the Office of the Director, among other positions: (1) a Civil Liberties Protection Officer; (2) a Director of Science and Technology; and (3) a National Counterintelligence Executive.
Specifies the functions of the CIA and the CIA Director.
(Sec. 1012) Amends the National Security Act of 1947 to redefine "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 United States, its people, property, or interests; (2) the development, proliferation, or use of weapons of mass destruction (WMDs); or (3) any other matter bearing on national or homeland security.
(Sec. 1013) Requires the Director, in consultation with the Secretary of Defense and the Director of the CIA, to develop joint procedures to be used by the DOD and the CIA to improve operational coordination.
(Sec. 1014) Gives the Director a role in the appointment of certain intelligence officials.
(Sec. 1016) Requires the President to establish a secure information sharing environment (ISE) for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties, incorporating specified attributes.
Establishes an Information Sharing Council to assist the President and the ISE program manager with ISE-related duties.
(Sec. 1017) Requires the Director to establish a process and assign responsibility for ensuring that elements of the IC conduct alternative ("red-team") analysis of information and conclusions in IC products.
(Sec. 1018) Directs the President to issue guidelines ensuring the effective implementation of the Director's authorities in a manner that does not abrogate the statutory responsibilities of Federal agency heads.
(Sec. 1019) Requires the Director to assign responsibility for ensuring the timeliness and analytical integrity of IC products.
Requires the preparation of reports relating to the requirements of this subtitle.
Subtitle B: National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers - (Sec. 1021) Establishes the National Counterterrorism Center (NCC) to: (1) analyze and integrate all U.S. intelligence pertaining to terrorism and counterterrorism; (2) conduct strategic operational planning for counterterrorism activities; (3) ensure that intelligence agencies have access to, and receive, all intelligence needed to accomplish their missions; and (4) serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups.
Authorizes the Center to receive intelligence pertaining exclusively to domestic counterterrorism.
Sets forth the duties and responsibilities of the Center's Director including, among other things: (1) serving as the principal advisor to the Director on intelligence operations relating to counterterrorism; and (2) taking primary responsibility within the U.S. Government for conducting net assessments of terrorist threats.
Requires the NCC Director to establish within the NCC a Directorate of Strategic Operational Planning.
(Sec. 1022) Amends the National Security Act of 1947 to require the President to establish a National Counter Proliferation Center.
(Sec. 1023) Authorizes the Director to establish National Intelligence Centers to address intelligence priorities, including but not limited to regional issues.
Subtitle C: Joint Intelligence Community Council - (Sec. 1031) Establishes a Joint Intelligence Community Council (JICC) to assist the Director in developing and implementing a joint, unified national intelligence effort to protect national security. Authorizes any member of the JICC to make recommendations to Congress.
Subtitle D: Improvement of Education for the Intelligence Community - (Sec. 1041) Requires the Director to identify the linguistic requirements for the Office of the Director of National Intelligence, identify the specific requirements for the range of linguistic skills necessary for the IC, and develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
Requires the Director to require heads of each element and component within the Office with responsibility for professional intelligence training to periodically review and revise the curriculum for such training for senior and intermediate level personnel.
(Sec. 1042) Requires the Director to provide for the cross-disciplinary education and training of IC personnel.
(Sec. 1043) Requires the Director to establish an Intelligence Community Scholarship Program with a post-scholarship period of obligated civilian service of 24 months for each academic year of the scholarship.
Subtitle E: Additional Improvements of Intelligence Activities - (Sec. 1051) States that the Director, in cooperation with the Secretaries of Defense and Energy, should seek to ensure that each DOD service laboratory and each Department of Energy national laboratory may assist the Director in all aspects of technical intelligence and make their resources available to the IC.
(Sec. 1052) Expresses the sense of Congress that: (1) the Director should establish an intelligence center to coordinate the collection, analysis, production, and dissemination of open source intelligence to IC elements; (2) open source intelligence is valuable and must be integrated into the intelligence cycle; and (3) the intelligence center should ensure that each IC element uses open source intelligence consistent with its mission.
Requires the Director to report on the Director's decision regarding the establishment of an intelligence center.
(Sec. 1053) Authorizes the Director to provide for the establishment and training of a National Intelligence Reserve Corps for the temporary employment on a voluntary basis of former IC employees during periods of emergency.
Subtitle F: Privacy and Civil Liberties - (Sec. 1061) Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board to: (1) analyze and review actions taken by the Executive branch to protect the Nation from terrorism, ensuring a balance with privacy and civil liberties protections; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. Requires annual reports on major Board activities.
Subtitle G: Conforming and Other Amendments - (Sec. 1071) Makes conforming amendments to existing law relating to the Director's role, the role of the CIA Director, and other matters.
(Sec. 1074) Redesignates the National Foreign Intelligence Program as the National Intelligence Program.
(Sec. 1078) Amends the Inspector General Act of 1978 to authorize the Director to establish an Office of Inspector General.
Subtitle H: Transfer, Termination, Transition and Other Provisions - (Sec. 1091) Transfers: (1) such staff of the Community Management Staff to the Office of the National Intelligence Director as the Director deems appropriate; and (2) the Terrorist Threat Integration Center to the NCC.
(Sec. 1093) Terminates the positions of Assistant Director of Central Intelligence for Collection, Assistant Director of Central Intelligence for Analysis and Production, and Assistant Director of Central Intelligence for Administration.
(Sec. 1094) Requires the President to transmit to Congress a plan for implementation of this title.
(Sec. 1095) Requires the Director to submit a report on progress made in implementing this title.
Subtitle I: Other Matters - (Sec. 1101) Requires the Secretary of Defense to study and report to specified congressional committees on promotion selection rates, and selection rates for professional military school attendance, of intelligence officers of the Armed Forces in comparison to the rates for other officers of the Armed Forces.
(Sec. 1102) Amends the Public Interest Declassification Act of 2000 to require the Public Interest Declassification Board to report directly to the President or, upon the President's designation, to the Vice President, Attorney General, or other designee (but precludes designation to an agency head or official who is authorized to classify information).
Adds to the list of purposes of the Board reviewing and making recommendations to the President with respect to any congressional requests to declassify or reconsider declassification of records.
Requires the Board to conduct declassification reviews upon the President's request.
Title II: Federal Bureau of Investigation - (Sec. 2001) Directs the Director of the Federal Bureau of Investigation (hereinafter FBI Director) to continue efforts to improve the intelligence capabilities of the FBI and to develop and maintain within the FBI a national intelligence workforce.
Requires the FBI Director to: (1) develop and maintain a specialized and integrated national intelligence workforce of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a manner that creates an institutional culture in the FBI with substantial expertise in, and commitment to, the intelligence mission of the FBI; (2) establish career positions in national intelligence matters: (3) recruit agents with backgrounds and skills relevant to the intelligence mission of the FBI; (4) provide agents with training in intelligence and opportunities for assignments in national intelligence matters; and (5) make advanced training and work in intelligence matters a precondition to employee advancement.
Requires each direct supervisor of a Field Intelligence Group, and each Bureau Operation Manager at the Section Chief and Assistant Special Agent in Charge level and above to be a certified intelligence officer.
Requires the FBI Director to: (1) ensure that each Field Intelligence Group reports directly to a field office senior manager responsible for intelligence matters; (2) provide for necessary expansion of secure facilities in FBI field offices to meet the intelligence mission of the FBI; and (3) ensure the integration of analysts, agents, linguists, and surveillance personnel in the field.
Requires the FBI Director to establish a budget structure that reflects the four principal missions of the Bureau (i.e., intelligence, counterterrorism and counterintelligence, criminal enterprises/Federal crimes, and criminal justice services).
Requires the FBI Director to submit periodic reports to Congress on progress in carrying out improvements in FBI intelligence capabilities, including reports on FBI priorities, personnel reviews, and implementation of information-sharing principles.
(Sec. 2002) Redesignates the Office of Intelligence as the Directorate of Intelligence of the Federal Bureau of Investigation (Directorate). Assigns to the Directorate responsibility for intelligence functions, including: (1) supervision of all FBI national intelligence programs; (2) oversight of FBI field intelligence operations; (3) strategic analysis; (4) budget management; and (5) other responsibilities specified by the FBI Director or by law.
(Sec. 2003) Authorizes the FBI Director to establish career positions for intelligence analysts within the FBI; (2) establish an FBI Reserve Service (limited to 500 employees) for the temporary reemployment (no more than 180 days) of former FBI employees during periods of emergency; and (3) through FY 2007, for up to 50 employees per fiscal year, extend the mandatory retirement age for FBI employees to 65 (current law allows an extension to age 60).
(Sec. 2006) Requires the Attorney General to report annually to the House and Senate Committees on the Judiciary on FBI use of translators.
Title III: Security Clearances - (Sec. 3001) Directs the President to select a single executive branch department, agency, or element (designated entity) to be responsible for security clearances and investigations.
Requires all Federal agencies to accept security clearance background investigations and determinations that are completed by an authorized investigative agency or authorized adjudicative agency.
Directs the Director of the Office of Personnel Management (OPM) to establish and operate an integrated, secure database on security clearances.
Requires the head of the designated entity to evaluate the use of available information technology and databases in security clearance investigations and adjudications.
Requires: (1) the head of the designated entity to develop a plan to reduce the length of the personnel security clearance process; (2) such plan to provide for determinations on at least 90 percent of all security clearance applications within 60 days; and (3) implementation of such plan within five years after enactment of this Act.
Requires the head of the designated entity to report to Congress annually through 2011 on progress in meeting the requirements of this Act.
Authorizes appropriations.
Title IV: Transportation Security - Subtitle A: National Strategy for Transportation Security - (Sec. 4001) Requires the Secretary of Homeland Security to: (1) develop and implement a National Strategy for Transportation Security and transportation modal security plans; and (2) submit such plans and periodic progress reports to appropriate congressional committees.
States that the strategy shall be the governing document for Federal transportation security efforts.
Subtitle B: Aviation Security - (Sec. 4011) Requires the issuance of guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
Requires the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)) (hereinafter Assistant Secretary) to establish a uniform travel credential for Federal, State, and local law enforcement officers that incorporates biometrics and a process for using such credential to verify officer identity for purposes of carrying weapons on board aircraft.
Authorizes appropriations for: (1) research and development of advanced biometric technology applications to aviation security, including mass identification technology; and (2) the establishment of a competitive center of excellence to develop and expedite the Federal Government's use of biometric identifiers.
(Sec. 4012) Requires the Assistant Secretary to begin testing an advanced airline passenger prescreening system no later than January 1, 2005, that will allow the Department of Homeland Security (DHS) to compare passenger information with automatic selectee and no-fly lists.
Requires the Assistant Secretary to establish a process by which operators of charter aircraft or rental aircraft with a maximum takeoff weight of more than 12,500 pounds may request DHS to use the advanced passenger prescreening system to compare information about individuals seeking to charter or rent such aircraft and any proposed passengers with automatic selectee and no-fly lists. Directs the Assistant Secretary to establish a timely and fair process for individuals identified as a threat to appeal that determination and correct erroneous information.
Directs the Secretary to issue notice of a proposed rulemaking that will allow DHS to compare passenger names for inbound or outbound international flights against the consolidated and integrated terrorist watchlist maintained by the Federal Government (terrorist watchlist). Requires the creation of a related appeal process.
Requires preparation of reports on: (1) the impact of automatic selectee and no-fly lists on privacy and civil liberties; and (2) the Terrorist Screening Center consolidated watchlist, including criteria for placing names on that list.
(Sec. 4013) Requires the Assistant Secretary to: (1) give high priority to airport screening checkpoint technology that will detect nonmetallic weapons and explosives; (2) transmit to the appropriate congressional committees a strategic plan to promote optimal use and deployment of explosive detection devices at airports; (3) take appropriate interim action until measures are implemented that enable the screening of all passengers for explosives; (4) develop a pilot program to deploy and test advanced airport checkpoint screening devices and technologies at not less than five U.S. airports; and (5) take necessary action to improve the job performance of airport screening personnel.
(Sec. 4016) Requires the Director of the Federal Air Marshal Service to continue developing operational initiatives to protect Federal air marshal anonymity.
Requires the Assistant Secretary for Immigration and Customs Enforcement (ICE) and the Director of the Federal Air Marshal Service to: (1) provide training on in-flight counterterrorism and weapons handling procedures and tactics to Federal law enforcement officers who fly while in possession of a firearm; and (2) ensure that TSA screeners and Federal Air Marshals, as well as Federal and local law enforcement agencies in States that border Canada or Mexico, receive training in identifying fraudulent identification documents, including fraudulent or expired visas or passports.
(Sec. 4017) Encourages the President to aggressively pursue international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
(Sec. 4018) Authorizes the Assistant Secretary for ICE, after consultation with the Secretary of State, to direct the Federal Air Marshal Service to provide training to foreign law enforcement personnel.
(Sec. 4019) Directs the Assistant Secretary to: (1) take necessary action to expedite installation and use of advanced in-line baggage screening equipment at airports where screening is required; and (2) submit to appropriate congressional committees schedules for expediting installation of such equipment and for replacing trace-detection equipment.
Requires the President to submit a cost-sharing study regarding installation of in-line baggage screening equipment.
Authorizes increased appropriations through FY 2007 for expiring and new letters of intent regarding airport security improvement projects.
(Sec. 4020) Requires the Under Secretary for Border and Transportation Security of DHS to provide assistance for acquisition and installation of security monitoring cameras in checked baggage screening areas not open to public view in those airports that are required to perform screening.
(Sec. 4021) Directs the Assistant Secretary, in consultation with the Administrator of the Federal Aviation Administration (FAA), to study the viability of providing devices or methods to enable flight crews to discreetly notify pilots in the case of security breaches or safety issues in the cabin and to report results of the study.
(Sec. 4022) Requires the FAA Administrator to develop a system for issuing pilot's licenses with enhanced security features.
(Sec. 4023) Directs the Assistant Secretary to develop and submit to appropriate congressional committees standards for determining appropriate aviation security staffing for all airports at which screening is required.
Requires the Comptroller General to thereafter conduct an expedited analysis of, and submit a report on, such standards.
Directs the Secretary to study the feasibility of combining under the aegis of DHS the operations of Federal employees involved in commercial airport screening and aviation security-related functions.
(Sec. 4024) Requires the Secretary to establish a plan and guidelines for implementing improved explosive detection system equipment.
Authorizes appropriations for research and development of improved explosive detection systems for aviation security.
(Sec. 4025) Requires the Assistant Secretary to complete a review of the Prohibited Items List under current regulations within 60 days of enactment of this Act, revise that list to prohibit air passengers from carrying butane lighters, and make other appropriate modifications.
(Sec. 4026) Directs the President to pursue, on an urgent basis, strong diplomatic and cooperative efforts to limit the availability, transfer, and proliferation of MANPADS (shoulder-fired missiles) worldwide and report to Congress on such efforts.(Sec. 4028) Requires the Assistant Secretary to report on the costs and benefits of using secondary flight deck barriers and whether such barriers should be mandated for all air carriers.
(Sec. 4029) Extends through FY 2006 the authorization of appropriations for aviation security.
Subtitle C: Air Cargo Security - (Sec. 4051) Requires the Assistant Secretary to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft.
(Sec. 4052) Directs the Assistant Secretary to develop technology to better identify, track, and screen air cargo.
Authorizes appropriations through FY 2007 for: (1) improving aviation security related to the transportation of cargo; and (2) research and development related to enhanced air cargo security technology and the deployment and installation of such technology.
Requires the Secretary to establish a competitive grant program to encourage the development of advanced air cargo security technology.
(Sec. 4053) Requires the Assistant Secretary, within 240 days of enactment of this Act, to issue a final rule in Docket Number TSA-2004-19515 to amend transportation security regulations to enhance and improve the security of air cargo.
(Sec. 4054) Requires the Secretary, in coordination with the Secretary of Defense and the FAA Administrator, to submit a report on international air cargo threats.
Subtitle D: Maritime Security - (Sec. 4071) Directs the Secretary to: (1) implement a procedure under which DHS compares information about cruise ship passengers and crew with a terrorist watchlist; (2) use information obtained by this comparison to prevent identified persons from boarding or to subject them to additional security scrutiny through the use of no transport and automatic selectee lists; (3) require, by rulemaking, that cruise ship operators provide passenger and crew information for purposes of such comparison; and (4) establish operating procedures and data integrity measures for no transport and automatic selectee lists.
(Sec. 4072) Establishes a deadlines for DHS to carry out security planning activities called for in the Maritime Transportation Security Act of 2002, including: (1) preparation of a national maritime transportation security plan; and (2) facility and vessel vulnerability assessments. Requires the Secretary of the department in which the Coast Guard is operating to submit to specified congressional committees a comprehensive program management plan for the transportation security card program required by that Act and other specified reports.
Subtitle E: General Provisions - (Sec. 4081) Sets forth definitions and the effective date of this title.
Title V: Border Protection, Immigration, and Visa Matters - Subtitle A: Advanced Technology Northern Border Security Pilot Program - (Sec. 5101) Authorizes the Secretary to carry out a pilot program to test advanced technologies to improve border security between ports of entry (POEs) along the northern border of the United States. Specifies the required features of such program. Requires coordination of such program among United States, State and local, and Canadian law enforcement and border security agencies.
(Sec. 5104) Requires the Secretary to report on the pilot program.
Subtitle B: Border and Immigration Enforcement - (Sec. 5201) Requires the Secretary to submit to the President and appropriate congressional committees a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft.
(Sec. 5202) Requires the Secretary to increase: (1) the number of full-time Border Patrol agents by not less than 2,000 per fiscal year from FY 2006 through 2010; and (2) the number of full-time immigration and customs enforcement investigators by not less than 800 per fiscal year for the same period.
(Sec. 5204) Directs the Secretary to increase by not less than 8,000 in each of FY 2006 through 2010 the number of beds available for immigration detention and removal operations of DHS. Requires the Secretary to give priority for the use of these additional beds to the detention of individuals charged with removability or inadmissibility on security and related grounds.
Subtitle C: Visa Requirements - (Sec. 5301) Amends the Immigration and Nationality Act to require aliens age 14 through 79 who are applying for nonimmigrant visas to submit to in-person interviews with consular officers unless such interview is waived in specified circumstances.
Mandates in-person interviews for all aliens who: (1) are not nationals of the country in which they are applying for a visa; (2) were previously refused a visa; (3) are listed in the Consular Lookout and Support System; (4) are nationals of countries officially designated as state sponsors of terrorism; (5) are prohibited from obtaining a visa until a security advisory opinion or other Department of State clearance is issued; or (6) are identified as members of a high-risk group identified by the Secretary of State.
(Sec. 5304) Precludes judicial review of visa revocations or revocations of other travel documents by consular officers or the Secretary of State. Adds to the list of deportable aliens those nonimmigrants whose visas or other documentation authorizing admission were revoked (making such aliens immediately deportable).
Subtitle D: Immigration Reform - (Sec. 5401) Provides enhanced criminal penalties for unlawfully bringing in and harboring aliens in cases where: (1) the offense is part of an ongoing commercial organization or enterprise; (2) aliens were transported in groups of ten or more; (3) aliens were transported in a manner that endangered their lives; or (4) the aliens presented a life-threatening health risk to the people of the United States.
Requires the Secretary to implement an outreach program to educate the public in the United States and abroad about the penalties for unlawfully bringing in and harboring aliens.
(Sec. 5402) Renders deportable any alien who has received military-type training from or on behalf of a terrorist organization.
(Sec. 5403) Requires the Comptroller General to study and report on the extent to which weaknesses in the asylum system and the withholding of removal system have been or could be exploited by aliens with terrorist ties. Gives the Comptroller General access, for purposes of such study, to the applications and administrative and judicial records of alien applicants for asylum and withholding of removal.
Subtitle E: Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad - (Sec. 5501) Renders inadmissible and deportable those aliens who: (1) order, incite, assist, or otherwise participate in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide; and (2) commit, order, incite, assist, or participate in acts of torture or extrajudicial killing as defined by U.S. law. Makes these amendments applicable to offenses committed before, on, or after the enactment of this Act.
(Sec. 5502) Designates as inadmissible and deportable foreign government officials who have at any time committed particularly severe violations of religious freedom.
(Sec. 5503) Provides for a waiver of inadmissibility premised on torture or extrajudicial killing for aliens seeking temporary admission as nonimmigrants, in the Attorney General's discretion. Precludes waivers for such aliens who have engaged in Nazi persecution or genocide.
(Sec. 5504) Bars a finding of good moral character (necessary for naturalization) for aliens who: (1) participated in Nazi persecution, genocide, torture, or extrajudicial killing; or (2) were responsible for particularly severe violations of religious freedom while serving as foreign government officials.
(Sec. 5505) Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and, where appropriate, take action to denaturalize any alien who participated in Nazi persecution, genocide, torture, or extrajudicial killing; (2) consult the Secretary in making determinations concerning the criminal prosecution or extradition of such aliens.
(Sec. 5506) Requires the Attorney General to submit a report on implementation of this subtitle.
Title VI: Terrorism Prevention - Subtitle A: Individual Terrorists as Agents of Foreign Powers - (Sec. 6001) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to redefine "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 USA PATRIOT Act of 2001 which generally provides for a sunset date of December 31, 2005.
(Sec. 6002) Requires the Attorney General to submit semiannual reports on the targets of FISA orders and related outcomes, including but not limited to the aggregate number of persons targeted for electronic surveillance, physical searches, pen registers, and records access.
Subtitle B: Money Laundering and Terrorist Financing - (Sec. 6101) Authorizes appropriations for technological improvements in mission-critical systems of the Financial Crimes Enforcement Network (FinCEN).
(Sec. 6102) Reauthorizes appropriations for the national money laundering and related financial crimes strategy, the financial crime-free communities support program, and grants to fight money laundering and related financial crimes.
Subtitle C: Money Laundering Abatement and Financial Antiterrorism Technical Corrections - International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004 - (Sec. 6202) Makes technical corrections to the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001.
(Sec. 6204) Amends that Act to delete congressional authority to review and terminate its provisions by joint resolution.
(Sec. 6205) Makes this subchapter retroactively effective as if included in the USA PATRIOT Act of 2001.
Subtitle D: Additional Enforcement Tools - (Sec. 6301) Authorizes the Treasury to produce currency, postage stamps, and other security documents for foreign governments subject to certain conditions.
(Sec. 6302) Directs the Secretary of the Treasury, following the submission of a related report, to prescribe regulations requiring selected financial institutions to report to FinCEN certain cross-border electronic transmittals of funds.
(Sec. 6303) Directs the President, acting through the Secretary of the Treasury, to submit to Congress a report evaluating the current status of U.S. efforts to curtail international financing of terrorism.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to impose administrative and civil penalties on any person who: (1) has served as senior Federal bank examiner of a particular financial institution or insured credit union for two or more months during the final 12 months of Federal employment; and (2) knowingly accepts compensation as an employee, officer, director, or consultant from that institution (including its holding company, a subsidiary, or an affiliate) or credit union within one year after departure from Federal service. Authorizes waivers of this restriction where the relevant authority certifies that granting the waiver would not affect the integrity of the Government's supervisory program.
Subtitle E: Criminal History Background Checks - (Sec. 6401) Amends the PROTECT Act to extend to 30 months the length of the State Pilot Program and the Child Safety Pilot Program.
(Sec. 6402) Private Security Officer Employment Authorization Act of 2004 - Allows employers of private security officers who are authorized by regulation to request criminal history record information searches of such security officers through a State identification bureau (authorized employers) to submit fingerprints or other means of positive identification for purposes of such searches. Requires written consent from employees prior to such searches and employee access to any information received.
Establishes criminal penalties for the knowing and intentional use of information obtained through criminal history record information searches for purposes other than determining an individual's suitability for employment as a private security officer.
(Sec. 6403) Requires the Attorney General to report on all statutory requirements for criminal history checks by the Department of Justice or its components, including recommendations for improving, standardizing, and consolidating existing procedures.
Subtitle F: Grand Jury Information Sharing - (Sec. 6501) Amends the Federal Rules of Criminal Procedure to authorize disclosure of certain grand jury matters, including matters involving threats of terrorism, to foreign government officials.
Subtitle G: Providing Material Support to Terrorism - Material Support to Terrorism Prohibition Enhancement Act of 2004 - (Sec. 6602) Amends the Federal criminal code to establish criminal penalties for knowingly receiving military-type training from an organization designated as a foreign terrorist organization by the Secretary of State.
Provides extraterritorial Federal jurisdiction.
(Sec. 6603) Modifies the statute prohibiting the knowing provision of material support to terrorists or terrorist organizations. Clarifies the definition of several types of material support.
Provides extraterritorial Federal jurisdiction.
States that nothing in this section shall be construed or applied so as to abridge the exercise of First Amendment rights.
Prohibits the prosecution of any person for providing material support if such support was approved by the Secretary of State with the concurrence of the Attorney General.
Provides for the sunset of specified provisions contained in this section on December 31, 2006.
(Sec. 6604) Modifies the statute prohibiting terrorist financing to make punishable: (1) the concealment of the proceeds of funds can be prosecuted (in addition to concealment of the funds themselves); and (2) the concealment of funds when they are presently being used to support terrorism (in addition to past use).
Subtitle H: Stop Terrorist and Military Hoaxes Act of 2004 - Stop Terrorist and Military Hoaxes Act of 2004 - (Sec. 6702) Amends the Federal criminal code to provide criminal and civil penalties for false information concerning terrorist activities and military hoaxes.
(Sec. 6703) Increases statutory penalties for false statements to Federal authorities and for obstructing administrative or congressional proceedings if the matter relates to international or domestic terrorism. Requires the U.S. Sentencing Commission to amend the U.S. Sentencing Guidelines to increase the offense level for such offenses.
Subtitle I: Weapons of Mass Destruction Prohibition Improvement Act of 2004 - Weapons of Mass Destruction Prohibition Improvement Act of 2004 - (Sec. 6802) Expands the jurisdictional bases and scope of the prohibition against weapons of mass destruction (WMDs). Expands the definition of "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. 6803) Provides criminal liability for participation in nuclear and WMD threats against the United States. Provides extraterritorial Federal jurisdiction over such offenses.
Subtitle J: Prevention of Terrorist Access to Destructive Weapons Act of 2004 - Prevention of Terrorist Access to Destructive Weapons Act of 2004 - (Sec. 6903) Amends the Federal criminal code to make it unlawful for any person to knowingly produce, construct (engineer or synthesize in the case of variola virus), otherwise acquire, transfer, receive, possess, import, export, or use, or possess and threaten to use: (1) missile systems designed to destroy aircraft; (2) radiological dispersal devices; or (3) variola virus.
Amends the Atomic Energy Act of 1954 to make it unlawful for any person to knowingly manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use any atomic weapon.
Establishes penalties for such offenses including fines and imprisonment for 25 or 30 years to life.
Establishes Federal jurisdiction over such offenses where: (1) they occur in interstate or foreign commerce; (2) are committed by or against a U.S. national outside of the United States; (3) are committed against Federal property both within and outside of the United States; or (4) an offender aids or abets or conspires with any person over whom jurisdiction exists.
(Sec. 6907) Adds such offenses to: (1) the list of offenses for which orders authorizing the interception of wire, oral, or electronic communications may be obtained; (2) the definition of "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. 6910) Amends the Arms Export Control Act to add such offenses to the statutory list of adverse considerations supporting disapproval of an export license application.
Subtitle K: Pretrial Detention of Terrorists - Pretrial Detention of Terrorists Act of 2004 - (Sec. 6952) Creates a presumption of pretrial detention in certain cases involving terrorism.
Title VII: Implementation of 9/11 Commission Recommendations - 9/11 Commission Implementation Act of 2004 - Subtitle A: Diplomacy, Foreign Aid, and the Military in the War on Terrorism - (Sec. 7102) Makes findings and expresses the sense of Congress on U.S. policy on terrorist sanctuaries.
Amends the Export Administration Act of 1979 to extend restrictions on certain exports to countries whose territories are being used as sanctuaries for terrorists or terrorist organizations.
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require annual State Department country reports on terrorism to include detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations. Specifies the required content of such reports, including: (1) how much knowledge foreign governments have as to terrorist activities in their countries; (2) actions by such countries to eliminate terrorist sanctuaries, cooperate with U.S. antiterrorism efforts, and prevent the proliferation of and trafficking in weapons of mass destruction (WMDs) in their countries; and (4) a strategy for addressing and eliminating terrorist sanctuaries.
(Sec. 7103) Expresses the sense of Congress with respect to U.S. commitment to the future of Pakistan. Extends through FY 2006 the authority of the President to waive certain foreign assistance restrictions on Pakistan.
(Sec. 7104) Afghanistan Freedom Support Act Amendments of 2004 - Expresses the sense of Congress that the U.S. Government should work with other countries to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan.
Amends the Afghanistan Freedom Support Act of 2002 to require the President (under current law the President is "strongly urged") to designate within the State Department a coordinator of Afghanistan affairs. Requires the coordinator to submit to Congress the Administration's Afghanistan assistance plan and to coordinate the implementation of assistance to Afghanistan.
Reaffirms authorities in the Afghanistan Freedom Support Act of 2002 relating to economic and democratic development assistance for Afghanistan.
Requires the President to formulate a five-year strategy for Afghanistan and submit such strategy to Congress. Requires that such strategy include specific and measurable goals for addressing the long-term development and security needs of Afghanistan. Requires the President to submit annual report through 2010 on the progress in implementing such strategy.
Revises provisions relating to education, the rule of law, civil society and democracy, and protection of cultural sites in Afghanistan.
Directs the Secretary of State to submit periodic reports to Congress on assistance for Afghanistan from all U.S. Government agencies.
Declares it to be U.S. policy to: (1) take immediate steps to disarm private militias, particularly child soldiers, in Afghanistan; and (2) support the expansion of international peacekeeping and security operations in Afghanistan.
Expresses the sense of Congress supporting counterdrug efforts in Afghanistan. Directs the Secretaries of Defense and State to jointly report to Congress on: (1) the progress in reducing poppy cultivation and heroin production in Afghanistan; and (2) the use of profits from illegal drugs to support terrorist efforts to undermine the Government of Afghanistan.
Extends through January 1, 2010, the reporting requirement on the implementation of strategies for meeting the immediate and long-term security needs of Afghanistan.
Repeals provisions of the Foreign Assistance Act of 1961 prohibiting certain assistance to Afghanistan.
Authorizes appropriations through FY 2006 for assistance to Afghanistan.
(Sec. 7105) Expresses the sense of Congress with respect to the relationship between the peoples and Governments of the United States and Saudi Arabia.
(Sec. 7106) Expresses the sense of Congress on efforts to combat Islamist terrorism.
(Sec. 7107) Expresses the sense of Congress that U.S. foreign policy should promote democratic values and respect for the rule of law and that the U.S. Government must encourage all governments with predominantly Muslim populations to promote democratic values and respect for the rule of law.
(Sec. 7108) Expresses the sense of Congress with respect to the promotion of U.S. values through broadcast media.
Directs the Secretary of State to make grants to the National Endowment for Democracy to fund a private sector group to establish and manage a free and independent media network.
Authorizes appropriations.
(Sec. 7109) Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) make public diplomacy an integral component in the planning and execution of U.S. foreign policy; and (2) coordinate and develop a strategy for public diplomacy activities of Federal agencies.
Sets forth the duties of the Under Secretary of State for Public Diplomacy, including the preparation of an annual strategic plan for public diplomacy in collaboration and consultation with the regional and functional bureaus of the State Department.
(Sec. 7110) Declares U.S. policy on public diplomacy training. Directs the Secretary to: (1) emphasize the importance of public diplomacy in recruiting, training, and assigning members of the Foreign Service; and (2) seek to increase the number of Foreign Service officers who are proficient in languages spoken in predominantly Muslim countries. Makes proficiency in public diplomacy a criterion for promotion in the Foreign Service.
(Sec. 7111) Directs the President to continue to support and seek to expand the work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission and to seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other international organizations.
Directs the President to use the influence of the United States to reform criteria in United Nations bodies and other international organizations to exclude certain countries that violate the principles of specific organizations, are subject to United Nations sanctions, or have been determined to have supported international terrorism or terrorist organizations.
Declares U.S. policy supporting training courses in multilateral diplomacy for Foreign Service officers and other employees of the State Department. Directs the Secretary to provide training in multilateral diplomacy to Foreign Service officers and other employees of the State Department.
(Sec. 7112) Declares it to be U.S. policy that the United States should commit to a long-term engagement with Muslim populations, particularly with Muslim youth and those who influence youth. Expresses the sense of Congress that the United States should significantly increase its investment in programs which promote engagement with the Muslim world. Authorizes the President to substantially expand U.S. exchange, scholarship, and library programs, particularly programs that benefit Muslims.
Directs the Secretary to conduct a pilot program to make grants to U.S.-sponsored elementary and secondary schools in predominantly Muslim countries to provide full or partial merit-based scholarships to lower-income and middle-income families in such countries and to report to Congress on such program. Authorizes appropriations for FY 2005 and 2006.
(Sec. 7113) Authorizes the Secretary to establish an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle East and other strategically-important countries with predominantly Muslim populations. Encourages the Secretary to seek the cooperation of the international community in establishing and supporting such Fund.
(Sec. 7114) Expresses the sense of Congress supporting the use of economic strategies to combat terrorism.
(Sec. 7115) Authorizes appropriations for FY 2005 and 2006 for the Middle East Partnership Initiative. Expresses the sense of Congress that a significant amount of such funding be made available to promote the rule of law in the Middle East.
(Sec. 7116) Expresses the sense of Congress that the President should engage foreign governments in developing a comprehensive multilateral strategy to fight terrorism. Authorizes the President to establish an international counterterrorism policy contact group with the leaders of foreign governments.
(Sec. 7117) Expresses the sense of Congress on the importance of targeting terrorist financial facilitators in the war on terrorism.
(Sec. 7118) Amends the Immigration and Nationality Act to revise procedures for the designation of foreign terrorist organizations. Provides for periodic review of the status of such organizations and the publication of such review in the Federal Register.
(Sec. 7119) Directs the President to submit to Congress a report on the activities of the U.S. Government to carry out the provisions of this subtitle, including descriptions of U.S. strategy to: (1) address and eliminate terrorist sanctuaries; (2) engage with Pakistan and support it over the long term; (3) engage with the Government of Saudi Arabia on subjects of mutual interest and importance; (4) help win the struggle of ideas in the Islamic world; (5) expand outreach to foreign Muslim audiences through broadcast media; (6) expedite issuance of visas to aliens for the purpose of participating in a scholarship, exchange, or visitor programs without compromising the security of the United States; (7) promote free universal basic education in the Middle East and in predominantly Muslim countries; and (8) encourage economic reform in predominantly Muslim countries.
(Sec. 7120) Amends the Case-Zablocki Act to require the Secretary of State to: (1) make publicly available on the State Department Internet website each treaty or international agreement to be published in the compilation entitled "United States Treaties and Other International Agreements" not later than 180 days after such treaty or agreement enters into force; and (2) submit to Congress an annual report containing an index of certain international agreements for the preceding calendar year.
Subtitle B: Terrorist Travel and Effective Screening - (Sec. 7201) Requires the Director of the National Counterterrorism Center to submit to Congress a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility.
Directs the Secretary, in conjunction with the Secretary of State, to submit to Congress a plan describing how the DHS and the Department of State (DOS) can acquire and deploy to all consulates, POEs, and immigration benefits offices technologies facilitating document authentication and the detection of potential terrorist indicators on travel documents.
Requires the Secretary, in coordination with the Secretary of State (as relevant to DOS personnel), to: (1) review and evaluate training programs regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel provided to DHS and DOS personnel; and (2) implement related training and periodic retraining programs.
Directs the Secretary and the Secretary of State to individually submit annual reports on such training for their respective personnel.
Authorizes the Secretary to assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence.
Requires the Director to increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. Authorizes appropriations through FY 2009 for that purpose.
(Sec. 7202) Establishes a Human Smuggling and Trafficking Center, to be operated by the Secretary, the Secretary of State, and the Attorney General in accordance with their memorandum of understanding.
Requires the Center to: (1) serve as the focal point for interagency efforts to address terrorist travel; and (2) serve as a clearinghouse for Federal agency information in support of the U.S. strategy to prevent clandestine terrorist travel and the facilitation of migrant smuggling and trafficking of persons.
(Sec. 7203) Authorizes the Secretary of State to increase the number of consular officers by 150 per year through FY 2009.
Requires all immigrant and nonimmigrant visa applications to be reviewed and adjudicated by a consular officer (thus precluding the use of foreign nationals for visa screening).
Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require consular officer training in document fraud detection.
Directs the Secretary of State, in coordination with the Secretary, to: (1) conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants; and (2) not later than July 31, 2005, identify the posts experiencing the highest levels of fraud and place in each such post at least one full-time anti-fraud specialist unless a DHS employee with sufficient training and experience is already stationed there.
(Sec. 7204) Directs the President to seek the implementation of effective international measures to: (1) share information on lost, stolen, and fraudulent passports and other travel documents; (2) establish and implement a real-time verification system for such documents; and (3) encourage criminalization of certain conduct that could aid terrorist travel. Requires the President to submit annual progress reports on such efforts.
(Sec. 7205) Expresses the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the translation of names into the Roman alphabet in order to ensure common spellings for international travel documents and name-based watchlist systems.
(Sec. 7206) Requires the selection of at least 50 airports that lack preinspection stations for the current program of assigning additional immigration officers to assist air carriers in detecting fraudulent documents. Authorizes related appropriations through FY 2007.
(Sec. 7207) Requires the Secretary of State, no later than October 26, 2006, to certify which of the countries designated to participate in the visa waiver program are developing a program to issue machine readable, tamper-resistant visa documents that incorporate biometric identifiers.
(Sec. 7208) Requires the Secretary to: (1) develop a plan to accelerate full implementation of an automated biometric entry and exit data system (entry-exit system); (2) integrate the entry-exit system with all databases and data systems maintained by specified Federal agencies that process or contain information on aliens (including components of the DHS); (3) establish procedures to ensure the accuracy and integrity of data in the entry-exit system, including procedures for individuals to seek correction of such data; and (4) implement a registered traveler program to expedite processing of travelers entering and exiting the United States, which shall be integrated with the entry-exit system. Requires the standardization of information and data collected from foreign nationals as well as the procedures used to collect such data.
(Sec. 7209) Directs the Secretary , in consultation with the Secretary of State, to implement by January 1, 2008, a plan to require biometric passports or other secure passports for all travel into the United States by U.S. citizens and by categories of individuals for whom documentation requirements were previously waived.
(Sec. 7210) Expresses the sense of Congress that the U.S. Government should: (1) exchange terrorist information with trusted allies; (2) move toward real-time verification of passports with issuing authorities; (3) where practicable, conduct passenger prescreening for flights destined for the United States; (4) work with other countries to ensure effective airport inspection regimes; and (5) work with other countries to improve passport standards.
Requires the Secretary and the Secretary of State to submit a report on Federal efforts to collaborate with U.S. allies in the exchange of terrorist information.
Amends the Immigration and Nationality Act to require the Secretary to establish preinspection stations in at least 25 additional foreign airports. Requires the Secretary and the Secretary of State to submit a progress report on implementation of this requirement.
(Sec. 7211) Requires the Secretary of Health and Human Services (HHS) to establish minimum standards for birth certificates for use by Federal agencies for official purposes. Prohibits Federal agencies from accepting nonconforming birth certificates beginning two years after promulgation of such standards. Requires States to certify compliance with such standards.
Directs the Secretary of HHS to award grants to States to assist them in conforming to the minimum standards for birth certificates and in developing the capacity to match birth and death records.
(Sec. 7212) Requires the Secretary of Transportation to establish minimum standards for driver's licenses or personal identification cards issued by States for use by Federal agencies for identification purposes, following a negotiated rulemaking process that includes State representatives. Prohibits Federal agencies from accepting nonconforming driver's licenses or personal identification cards issued by a State more than two years after promulgation of such standards. Requires States to certify compliance with such standards.
Requires the Secretary of Transportation to award grants to States to assist them in conforming to such standards.
(Sec. 7213) Requires the Commissioner of Social Security to: (1) issue regulations restricting the issuance of multiple replacement social security cards; (2) establish minimum standards for the verification of records supporting an application for an original social security card; and (3) add death and fraud indicators to the social security number verification system.
Directs the Commissioner to establish an interagency task force for the improvement of social security cards and numbers. Requires the task force to establish security requirements.
Requires the Commissioner to: (1) make and report on specified improvements to the enumeration at birth program for the issuance of social security numbers to newborns; and (2) study and report on the most efficient options for ensuring the integrity of the process for enumeration at birth.
(Sec. 7214) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the display of social security numbers on driver's licenses, motor vehicle registrations, or personal identification cards or the inclusion of such numbers in a magnetic strip, bar code, or other means of communication on such documents.
(Sec. 7215) Requires the Secretary to establish a program to oversee the implementation of DHS responsibilities with respect to terrorist travel, including the analysis, coordination, and dissemination of terrorist travel intelligence and operational information to specified DHS components and with other appropriate Federal agencies.
(Sec. 7216) Amends the Federal criminal code to increase penalties for fraud and related activity in connection with identification documents and information if committed to facilitate international terrorism.
(Sec. 7217) Directs the Secretary of State to study and report on the feasibility and benefits of establishing a system that provides border and visa issuance officials with real-time information on allegedly lost or stolen passports.
(Sec. 7218) Establishes a Visa and Passport Security Program within the DOS Bureau of Diplomatic Security.
(Sec. 7220) Requires the Secretary to propose minimum standards for identification documents required of domestic commercial airline passengers for boarding. States that such standards shall take effect when an approval resolution is passed by the House and Senate under specified procedures and becomes law.
Subtitle C: National Preparedness - (Sec. 7301) Expresses the sense of Congress supporting the adoption of a unified incident command system and the enhancement of communications connectivity between and among all levels of government and emergency response providers.
(Sec. 7302) Authorizes governmental entities in the National Capital Region (i.e., District of Columbia, Maryland, and Virginia) to enter into mutual aid agreements for emergency services in an emergency or public service event (e.g., undeclared emergency, presidential inauguration, public gatherings, etc.).
Limits the liability of first responders participating in mutual aid agreements.
(Sec. 7303) Directs the Secretary of Homeland Security to establish a program to enhance public safety interoperable communications at all levels of government. Authorizes the Secretary to establish an Office for Interoperability and Comp