Intelligence Reform and Terrorism Prevention Act of 2004

by the 108th Congress of the United States

108^TH UNITED STATES CONGRESS
2^ND SESSION

An Act
To reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—

This Act may be cited as the ``Intelligence Reform and Terrorism Prevention Act of 2004´´

(b) Table of Contents.—

The table of contents for this Act is as follows:

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001. Short title.

Subtitle A—Establishment of Director of National Intelligence

Sec. 1011. Reorganization and improvement of management of intelligence community.

Sec. 1012. Revised definition of national intelligence.

Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.

Sec. 1014. Role of Director of National Intelligence in appointment of certain officials responsible for intelligence-related activities.

Sec. 1015. Executive Schedule matters.

Sec. 1016. Information sharing.

Sec. 1017. Alternative analysis of intelligence by the intelligence community.

Sec. 1018. Presidential guidelines on implementation and preservation of authorities.

Sec. 1019. Assignment of responsibilities relating to analytic integrity.

Sec. 1020. Safeguard of objectivity in intelligence analysis.

Subtitle B—National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers

Sec. 1021. National Counterterrorism Center.

Sec. 1022. National Counter Proliferation Center.

Sec. 1023. National intelligence centers.

Subtitle C—Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.

Subtitle D—Improvement of Education for the Intelligence Community

Sec. 1041. Additional education and training requirements.

Sec. 1042. Cross-disciplinary education and training.

Sec. 1043. Intelligence Community Scholarship Program.

Subtitle E—Additional Improvements of Intelligence Activities

Sec. 1051. Service and national laboratories and the intelligence community.

Sec. 1052. Open-source intelligence.

Sec. 1053. National Intelligence Reserve Corps.

Subtitle F—Privacy and Civil Liberties

Sec. 1061. Privacy and Civil Liberties Oversight Board.

Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.

Subtitle G—Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of Director of National Intelligence and Director of the Central Intelligence Agency.

Sec. 1072. Other conforming amendments.

Sec. 1073. Elements of intelligence community under National Security Act of 1947.

Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.

Sec. 1075. Repeal of superseded authority.

Sec. 1076. Clerical amendments to National Security Act of 1947.

Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.

Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.

Sec. 1079. Ethics matters.

Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and services.

Sec. 1081. General references.

Subtitle H—Transfer, Termination, Transition, and Other Provisions

Sec. 1091. Transfer of Community Management Staff.

Sec. 1092. Transfer of Terrorist Threat Integration Center.

Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.

Sec. 1094. Implementation plan.

Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.

Sec. 1096. Transitional authorities.

Sec. 1097. Effective dates.

Subtitle I—Other Matters

Sec. 1101. Study of promotion and professional military education school selection rates for military intelligence officers.

Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board.

Sec. 1103. Severability.

TITLE II—FEDERAL BUREAU OF INVESTIGATION

Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation.

Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.

Sec. 2003. Federal Bureau of Investigation intelligence career service.

Sec. 2004. Federal Bureau of Investigation Reserve Service.

Sec. 2005. Federal Bureau of Investigation mandatory separation age.

Sec. 2006. Federal Bureau of Investigation use of translators.

TITLE III—SECURITY CLEARANCES

Sec. 3001. Security clearances.

TITLE IV—TRANSPORTATION SECURITY

Subtitle A—National Strategy for Transportation Security

Sec. 4001. National Strategy for Transportation Security.

Subtitle B—Aviation Security

Sec. 4011. Provision for the use of biometric or other technology.

Sec. 4012. Advanced airline passenger prescreening.

Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints.

Sec. 4014. Advanced airport checkpoint screening devices.

Sec. 4015. Improvement of screener job performance.

Sec. 4016. Federal air marshals.

Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.

Sec. 4018. Foreign air marshal training.

Sec. 4019. In-line checked baggage screening.

Sec. 4020. Checked baggage screening area monitoring.

Sec. 4021. Wireless communication.

Sec. 4022. Improved pilot licenses.

Sec. 4023. Aviation security staffing.

Sec. 4024. Improved explosive detection systems.

Sec. 4025. Prohibited items list.

Sec. 4026. Man-Portable Air Defense Systems (MANPADs).

Sec. 4027. Technical corrections.

Sec. 4028. Report on secondary flight deck barriers.

Sec. 4029. Extension of authorization of aviation security funding.

Subtitle C—Air Cargo Security

Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers.

Sec. 4052. Air cargo security.

Sec. 4053. Air cargo security regulations.

Sec. 4054. Report on international air cargo threats.

Subtitle D—Maritime Security

Sec. 4071. Watch lists for passengers aboard vessels.

Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.

Subtitle E—General Provisions

Sec. 4081. Definitions.

Sec. 4082. Effective date.

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS

Subtitle A—Advanced Technology Northern Border Security Pilot Program

Sec. 5101. Establishment.

Sec. 5102. Program requirements.

Sec. 5103. Administrative provisions.

Sec. 5104. Report.

Sec. 5105. Authorization of appropriations.

Subtitle B—Border and Immigration Enforcement

Sec. 5201. Border surveillance.

Sec. 5202. Increase in full-time Border Patrol agents.

Sec. 5203. Increase in full-time immigration and customs enforcement investigators.

Sec. 5204. Increase in detention bed space.

Subtitle C—Visa Requirements

Sec. 5301. In person interviews of visa applicants.

Sec. 5302. Visa application requirements.

Sec. 5303. Effective date.

Sec. 5304. Revocation of visas and other travel documentation.

Subtitle D—Immigration Reform

Sec. 5401. Bringing in and harboring certain aliens.

Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations.

Sec. 5403. Study and report on terrorists in the asylum system.

Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad

Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.

Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly severe violations of religious freedom.

Sec. 5503. Waiver of inadmissibility.

Sec. 5504. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.

Sec. 5505. Establishment of the Office of Special Investigations.

Sec. 5506. Report on implementation.

TITLE VI—TERRORISM PREVENTION

Subtitle A—Individual Terrorists as Agents of Foreign Powers

Sec. 6001. Individual terrorists as agents of foreign powers.

Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.

Subtitle B—Money Laundering and Terrorist Financing

Sec. 6101. Additional authorization for finCEN.

Sec. 6102. Money laundering and financial crimes strategy reauthorization.

Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical Corrections

Sec. 6201. Short title.

Sec. 6202. Technical corrections to Public Law 107-56.

Sec. 6203. Technical corrections to other provisions of law.

Sec. 6204. Repeal of review.

Sec. 6205. Effective date.

Subtitle D—Additional Enforcement Tools

Sec. 6301. Bureau of Engraving and Printing security printing.

Sec. 6302. Reporting of certain cross-border transmittal of funds.

Sec. 6303. Terrorism financing.

Subtitle E—Criminal History Background Checks

Sec. 6401. Protect Act.

Sec. 6402. Reviews of criminal records of applicants for private security officer employment.

Sec. 6403. Criminal history background checks.

Subtitle F—Grand Jury Information Sharing

Sec. 6501. Grand jury information sharing.

Subtitle G—Providing Material Support to Terrorism

Sec. 6601. Short title.

Sec. 6602. Receiving military-type training from a foreign terrorist organization.

Sec. 6603. Additions to offense of providing material support to terrorism.

Sec. 6604. Financing of terrorism.

Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004

Sec. 6701. Short title.

Sec. 6702. Hoaxes and recovery costs.

Sec. 6703. Obstruction of justice and false statements in terrorism cases.

Sec. 6704. Clarification of definition.

Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004

Sec. 6801. Short title.

Sec. 6802. Weapons of mass destruction.

Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.

Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004

Sec. 6901. Short title.

Sec. 6902. Findings and purpose.

Sec. 6903. Missile systems designed to destroy aircraft.

Sec. 6904. Atomic weapons.

Sec. 6905. Radiological dispersal devices.

Sec. 6906. Variola virus.

Sec. 6907. Interception of communications.

Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.

Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.

Sec. 6910. Export licensing process.

Sec. 6911. Clerical amendments.

Subtitle K—Pretrial Detention of Terrorists

Sec. 6951. Short title.

Sec. 6952. Presumption for pretrial detention in cases involving terrorism.

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 7001. Short title.

Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism

Sec. 7101. Findings.

Sec. 7102. Terrorist sanctuaries.

Sec. 7103. United States commitment to the future of Pakistan.

Sec. 7104. Assistance for Afghanistan.

Sec. 7105. The relationship between the United States and Saudi Arabia.

Sec. 7106. Efforts to combat Islamist terrorism.

Sec. 7107. United States policy toward dictatorships.

Sec. 7108. Promotion of free media and other American values.

Sec. 7109. Public diplomacy responsibilities of the Department of State.

Sec. 7110. Public diplomacy training.

Sec. 7111. Promoting democracy and human rights at international organizations.

Sec. 7112. Expansion of United States scholarship and exchange programs in the Islamic world.

Sec. 7113. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.

Sec. 7114. International Youth Opportunity Fund.

Sec. 7115. The use of economic policies to combat terrorism.

Sec. 7116. Middle East partnership initiative.

Sec. 7117. Comprehensive coalition strategy for fighting terrorism.

Sec. 7118. Financing of terrorism.

Sec. 7119. Designation of foreign terrorist organizations.

Sec. 7120. Report to Congress.

Sec. 7121. Case-Zablocki Act requirements.

Sec. 7122. Effective date.

Subtitle B—Terrorist Travel and Effective Screening

Sec. 7201. Counterterrorist travel intelligence.

Sec. 7202. Establishment of human smuggling and trafficking center.

Sec. 7203. Responsibilities and functions of consular officers.

Sec. 7204. International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.

Sec. 7205. International standards for transliteration of names into the Roman alphabet for international travel documents and name-based watchlist systems.

Sec. 7206. Immigration security initiative.

Sec. 7207. Certification regarding technology for visa waiver participants.

Sec. 7208. Biometric entry and exit data system.

Sec. 7209. Travel documents.

Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.

Sec. 7211. Minimum standards for birth certificates.

Sec. 7212. Driver's licenses and personal identification cards.

Sec. 7213. Social security cards and numbers.

Sec. 7214. Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.

Sec. 7215. Terrorist travel program.

Sec. 7216. Increase in penalties for fraud and related activity.

Sec. 7217. Study on allegedly lost or stolen passports.

Sec. 7218. Establishment of visa and passport security program in the Department of State.

Sec. 7219. Effective date.

Sec. 7220. Identification standards.

Subtitle C—National Preparedness

Sec. 7301. The incident command system.

Sec. 7302. National capital region mutual aid.

Sec. 7303. Enhancement of public safety communications interoperability.

Sec. 7304. Regional model strategic plan pilot projects.

Sec. 7305. Private sector preparedness.

Sec. 7306. Critical infrastructure and readiness assessments.

Sec. 7307. Northern command and defense of the United States homeland.

Sec. 7308. Effective date.

Subtitle D—Homeland Security

Sec. 7401. Sense of Congress on first responder funding.

Sec. 7402. Coordination of industry efforts.

Sec. 7403. Study regarding nationwide emergency notification system.

Sec. 7404. Pilot study to move warning systems into the modern digital age.

Sec. 7405. Required coordination.

Sec. 7406. Emergency preparedness compacts.

Sec. 7407. Responsibilities of counternarcotics office.

Sec. 7408. Use of counternarcotics enforcement activities in certain employee performance appraisals.

Subtitle E—Public Safety Spectrum

Sec. 7501. Digital television conversion deadline.

Sec. 7502. Studies on telecommunications capabilities and requirements.

Subtitle F—Presidential Transition

Sec. 7601. Presidential transition.

Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing

Sec. 7701. Improving international standards and cooperation to fight terrorist financing.

Sec. 7702. Definitions.

Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.

Sec. 7704. Coordination of United States Government efforts.

Subtitle H—Emergency Financial Preparedness

Sec. 7801. Delegation authority of the Secretary of the Treasury.

Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education.

Sec. 7803. Emergency Securities Response Act of 2004.

Sec. 7804. Private sector preparedness.

TITLE VIII—OTHER MATTERS

Subtitle A—Intelligence Matters

Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.

Subtitle B—Department of Homeland Security Matters

Sec. 8201. Homeland security geospatial information.

Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection

Sec. 8301. Short title.

Sec. 8302. Mission of Department of Homeland Security.

Sec. 8303. Officer for Civil Rights and Civil Liberties.

Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector General.

Sec. 8305. Privacy officer.

Sec. 8306. Protections for human research subjects of the Department of Homeland Security.

Subtitle D—Other Matters

Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning for information security needs.

Sec. 8402. Enterprise architecture.

Sec. 8403. Financial disclosure and records.

Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.

Approved December 17, 2004.

LEGISLATIVE HISTORY

S. 2845 (H.R. 10):

• HOUSE REPORTS: Nos. 108-724, Pt. 1 (Permanent Select Comm. on Intelligence), Pt. 2 (Comm. on Armed Services), Pt. 3 (Comm. on Financial Services), Pt. 4 (Comm. on Government Reform), and Pt. 5 (Comm. on the Judiciary) all accompanying H.R. 10, and 108-796 (Comm. of Conference).
• CONGRESSIONAL RECORD, Vol. 150 (2004):
  • Sept. 27-30, Oct. 1, 4-6, considered and passed Senate.
  • Oct. 16, considered and passed House pursuant to H. Res. 827.
  • Dec. 7, House agreed to conference report.
  • Dec. 8, Senate agreed to conference report.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
  • Dec. 17, Presidential remarks and statement.