National Intelligence Reform Act of 2004 (S.2845)

On December 7 and 8, just prior to adjourning for the year, Congress finally approved the National Intelligence Reform Act of 2004 (S.2845), which overhauls the government’s intelligence-gathering activities, as recommended by the 9/11 Commission. The legislation includes provisions aimed at increasing support for public diplomacy programs and initiatives, such as people-to-people diplomacy and academic and cultural exchanges, especially those that engage the Muslim world, and calls on the Secretary of State to “make public diplomacy an integral component in the planning and execution of U.S. foreign policy.” The legislation also includes provisions aimed at improving border security, such as increasing the number of full-time immigration violation investigators (subject to available funds) and standardizing data collected from foreign nationals. A number of more controversial immigration-related provisions that were included in the House version of the bill were removed prior to final approval, such as a national prohibition on issuing driver’s licenses to illegal immigrants. However, language setting standards for state identification cards and driver’s licenses remains.

The bill also includes a last-minute provision that essentially writes into law the provisions of a May 21, 2003 State Department cable requiring in-person interviews for virtually all applicants for nonimmigrant visas. The provision, which is even more restrictive than the original State Department cable, constitutes a setback for the efforts of NAFSA and colleague associations to east post-9/11 visa requirements to facilitate the entry of legitimate visitors to the United States.

This docuemtn contains the following two relevant provisions of the bill:

• Title V-Border Protection, Immigration, and Visa Matters
• Title VII-Implementation of the 9/11 Commission Recommendations