[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5130 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5130

  To secure the borders of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

    Mr. Turner of Texas (for himself, Mr. Reyes, Ms. Slaughter, Mr. 
  Lampson, Mr. Sandlin, Mrs. Davis of California, Mr. Rodriguez, Mr. 
Ortiz, Mr. Bell, Mr. Gonzalez, Mr. Hinojosa, Mr. Dicks, Ms. McCarthy of 
  Missouri, Ms. Norton, Ms. Jackson-Lee of Texas, Mr. Pascrell, Mrs. 
     Christensen, Mr. Langevin, Mr. Frost, and Mr. Green of Texas) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Transportation and 
  Infrastructure, Ways and Means, and Select Homeland Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To secure the borders of the United States, and for other purposes.

    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 ``Secure Borders 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--SECURING OUR BORDERS

                Subtitle A--Infrastructure enhancements

Sec. 101. Establishment of Land Border Infrastructure Improvement Fund.
Sec. 102. Requiring a vulnerability assessment of land ports of entry.
Sec. 103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs.
           Subtitle B--Enhancing border monitoring technology

Sec. 111. Deployment of surveillance systems along the U.S.-Mexico 
                            border.
Sec. 112. Deployment of surveillance systems along the US-Canadian 
                            border.
Sec. 113. Level of K-9 units.
Sec. 114. Deployment of radiation portal monitors on the southern 
                            border.
 Subtitle C--Ensuring sufficient well-trained personnel at our borders

Sec. 121. Double the number of CBP personnel.
Sec. 122. Assessing staffing needs at our borders.
Sec. 123. Additional and continuous training for inspectors.
Sec. 124. Requiring report on the ``One Face at the Border 
                            Initiative''.
   Subtitle D--Establishing a comprehensive border security strategy

Sec. 131. Land border security strategy.
Sec. 132. Improved Information Sharing.
Sec. 133. Creation of northern and southern border coordinators.
Sec. 134. Smart Border Accord implementation.
Sec. 135. Sense of Congress on the period of admission for border 
                            crossing card holders.
             Subtitle E--Enhancing border security programs

Sec. 141. Creating a more effective entry-exit system.
Sec. 142. Transportation worker identification card.
Sec. 143. Standards and verification procedures for the security of 
                            intermodal cargo containers.
Sec. 144. Sense of Congress on the need for additional staff for the 
                            United States Consulate-General in Mexico.
   Subtitle F--Securing our tribal and Federal lands and territories

Sec. 151. Office of Tribal Security.
Sec. 152. Transfer of ``Shadow Wolves'' from CPB to ICE.
Sec. 153. DHS and DOI coordination on border security; provision of 
                            temporary authority to DHS to transfer 
                            funds.
              TITLE II--SECURING IDENTIFICATION DOCUMENTS

Sec. 201. State identification document standards.
Sec. 202. Training in fraud detection and prevention for officers in 
                            divisions of motor vehicles.
      TITLE III--SECURING THE INTERIOR; TOOLS FOR BORDER SECURITY

                 Subtitle A--Increase in staff for ICE

Sec. 301. Personnel increase.
Sec. 302. ICE strategy and staffing assessment.
                Subtitle B--Increase in detention space

Sec. 311. Increase in detention space.
Sec. 312. Sense of Congress regarding processing of criminal aliens 
                            while incarcerated.
Sec. 313. Sense of Congress regarding increase in prosecutors and 
                            immigration judges.
       Subtitle D--Enhancing Law Enforcement Access to Informants

Sec. 351. New class of nonimmigrant aliens.
Sec. 352. Adjustment of status of nonimmigrant to that of person 
                            admitted for permanent residence.
             Subtitle E--Increased penalties for smuggling

Sec. 361. Combating aggravated alien smuggling.
Sec. 362. Increased criminal sentences and fines for alien smuggling.
Sec. 363. Increased penalty for smuggling.
              TITLE IV--BEYOND OUR BORDERS (INTERNATIONAL)

             Subtitle A--Coordinating DHS mission overseas

Sec. 401. Office of International Affairs; effective and efficient 
                            management and coordination of 
                            international assignments.
Sec. 402. Creation of an Office of Overseas Service.
    Subtitle B--Implementing a more effective visa security program

Sec. 411. Implementing a more effective visa security program.
              Subtitle C--Securing the visa waiver program

Sec. 421. Visa waiver program passenger screening; biographical checks.
Sec. 422. Defining security responsibilities of the Visa Waiver Program 
                            Office.
Sec. 423. Additional and continuous training for inspectors in fraud 
                            and imposter detection.
Sec. 424. Authorization of funds.
           TITLE V--SECURING THE IMMIGRATION BENEFITS PROCESS

Sec. 501. Immigration ombudsman.
Sec. 502. CIS workflow, technology, and staffing assessment.
Sec. 503. Study on biometrics.
Sec. 504. Digitizing immigration functions.
Sec. 505. Study on digitizing immigration benefit applications.

                     TITLE I--SECURING OUR BORDERS

                Subtitle A--Infrastructure Enhancements

SEC. 101. ESTABLISHMENT OF LAND BORDER INFRASTRUCTURE IMPROVEMENT FUND.

    (a) In General.--There is established in the general fund of the 
Treasury a separate account which shall be known as the ``Land Border 
Infrastructure Improvement Fund''. Amounts deposited in such fund shall 
remain available to the Secretary of Homeland Security until expended, 
subject to the provisions of appropriations Acts, to carry out 
infrastructure and technology improvement projects at our nation's 
ports of entry, as assessed in section 102, to reduce and prevent the 
nation's land border vulnerability to terrorist attack, and penetration 
by terrorists and criminals, while effectively facilitating the 
movement of goods, services, and legitimate travelers.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000,000 to carry out the projects described in 
subsection (c).
    (c) Projects Described.--The Secretary of Homeland Security may 
carry out infrastructure and technology improvement projects 
recommended in the report submitted under section 102 in order to 
reduce the vulnerability of ports of entry.

SEC. 102. REQUIRING A VULNERABILITY ASSESSMENT OF LAND PORTS OF ENTRY.

    (a) Initial Assessment.--
            (1) In general.--The Secretary of Homeland Security shall 
        conduct an assessment of the vulnerability of each United 
        States land port of entry to penetration by terrorists and 
        criminals or terrorist attack. In carrying out assessments 
        under this paragraph, the Secretary shall categorize the 
        vulnerability of each port of entry as ``high'', ``medium'', or 
        ``low'' and shall prioritize the vulnerability of each port of 
        entry within each such category. In conducting the assessment, 
        the Secretary of Homeland Security shall consult with 
        appropriate State, local, and private sector representatives.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall prepare and submit 
        to the appropriate congressional committees (as that term is 
        defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)) a report that contains--
                    (A) the results of the assessment conducted under 
                paragraph (1);
                    (B) with respect to each port of entry categorized 
                under paragraph (1) as either a ``high'' or ``medium'' 
                vulnerability port of entry, descriptions of--
                            (i) infrastructure and technology 
                        improvement projects required for the port of 
                        entry in order to reduce its vulnerability; and
                            (ii) the resources required to make such 
                        improvements; and
                    (C) a description of how the funds will be used to 
                implement technology and infrastructure improvement 
                projects.
    (b) Follow-Up Assessments.--The Secretary of Homeland Security 
shall conduct follow-up assessments of land border ports of entry every 
2 years and shall submit such reports to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)).

SEC. 103. ENHANCING SENTRI, FAST, AND NEXUS PREENROLLMENT PROGRAMS.

    (a) Sense of Congress.--It is the sense of the Congress that 
preenrollment programs should be expanded to all major ports of entry 
because these programs assist our frontline officers in the fight 
against terrorism. These programs allow inspectors to focus more 
closely on unknown travelers by subjecting participants to in depth 
background and watch list checks.
    (b) Permanent Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        make permanent pre-enrollment programs that subject 
        participants who are aliens, and citizens of the United States, 
        to criminal and watch list screenings and fingerprint checks 
        prior to enrolling in order to gain expedited inspections at 
        ports of entry.
            (2) Specific programs.--The programs described in paragraph 
        (1) shall include, at a minimum, the following:
                    (A) The Free and Secure Trade, or ``FAST'', program 
                authorized under subpart B of title IV of the Tariff 
                Act of 1930 (19 U.S.C 1411 et seq).
                    (B) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (C) The ``NEXUS'' program authorized under section 
                286(q) of the Immigration and Nationality Act (8 U.S.C. 
                1356(q)).
                    (D) Successor programs to the programs described in 
                subparagraphs (A) through (C).
    (c) Authorization of Funds Necessary to Build Adequate 
Infrastructure to Render Programs Effective.--There are authorized to 
be appropriated such funds as may be necessary to improve 
infrastructure to enhance access to pre-enrollment lanes, and to 
accomplish all the other purposes outlined in this section, in order to 
facilitate inspections and expedite the flow of travel and commerce.
    (d) Reduction of Program Fees.--The Secretary of Homeland Security 
may reduce the enrollment fees for the programs described in subsection 
(a) if necessary to encourage participation.
    (e) Creation of Remote Enrollment Centers.--The Secretary shall 
create a minimum of 4 remote enrollment centers, away from the borders 
of the United States, for such programs in major population centers 
where there is a demand for such a service.
    (f) Creation of Appeals Process.--The Secretary of Homeland 
Security must establish a process to review actions that terminate the 
participation of travelers in pre-enrollment programs.
    (g) Report on Budget, Program Use, and Enforcement.--The Secretary 
of Homeland Security annually shall submit to the appropriate 
congressional committees (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) a report on the programs described 
in subsection (a). The report should include a review of costs 
associated with the programs, including--
            (1) areas of program expansion within a port-of-entry, to 
        other ports-of-entry and to other modes of travel including 
        air, mass transit, bicycle and pedestrians;
            (2) the cost of upgrade and maintenance needs;
            (3) update on status and expansion of enrollment centers;
            (4) infrastructure needs on the US, Canadian, and Mexican 
        sides of the border to enhance the programs;
            (5) universal access through ports;
            (6) technology and database enhancements to link watch 
        lists to the programs;
            (7) the feasibility of incorporating radio frequency 
        enabled travel documents into the programs, such as passports, 
        alien registration cards, and other documents;
            (8) the cost of enabling all inspection lanes with pre-
        enrollment technology;
            (9) public information campaign and relevant associated 
        costs; and
            (10) for each pre-enrollment location--
                    (A) total vehicles processed per month;
                    (B) total pre-enrolled vehicles processed per 
                month;
                    (C) total pre-enrolled vehicles processed per day;
                    (D) total nonenrolled vehicles processed per month;
                    (E) total nonenrolled vehicles processed per day;
                    (F) completed compliance checks performed per 
                month;
                    (G) duration of inspections;
                    (H) number of passengers per vehicle;
                    (I) basis for apprehension of violator;
                    (J) types of violation; and
                    (K) enforcement actions.

           Subtitle B--Enhancing Border Monitoring Technology

SEC. 111. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-MEXICO 
              BORDER.

    (a) Plan.--Not later than September 30, 2005, the Secretary of 
Homeland Security shall develop a comprehensive plan to fully deploy 
technological surveillance systems along the U.S.-Mexico border. 
Surveillance systems included in the deployment plan must--
            (1) ensure continuous monitoring of every mile of the U.S.-
        Mexico border; and
            (2) to the extent practicable, be fully interoperable with 
        existing surveillance systems, such as the Integrated 
        Surveillance Intelligence Systems already in use by the 
        Department of Homeland Security.
Additionally, the deployment plan should include, but not be limited 
to, the following elements:
            (3) A description of the specific technology to be 
        deployed.
            (4) An assessment of the success of existing technologies 
        to determine if one technology is better than another, or 
        whether there is a way to combine the capabilities of various 
        detection devices into a single device.
            (5) A description of the technological features of 
        surveillance systems allowing for compatibility, if 
        practicable, with existing surveillance technologies.
            (6) A description of how the U.S. Border Patrol is working, 
        or will work, with the Directorate of Science and Technology to 
        analyze high altitude monitoring technologies (such as unmanned 
        aerial vehicles and tethered aerostat radar systems) for use 
        with land-based monitoring technologies.
            (7) A description of how radiation portal monitors will be 
        deployed to ports of entry along the U.S.-Mexico border, and 
        other border locations, consistent with section 114.
            (8) A description of how K-9 detection units will be 
        increased along the U.S.-Mexico border, consistent with section 
        113.
            (9) A description of how surveillance technology will 
        provide for continuous monitoring of the border.
            (10) The identification of any obstacles that may impede 
        full implementation of the deployment plan.
            (11) A detailed estimate of all costs associated with the 
        implementation of the deployment plan.
    (b) Deployment.--Not later than September 30, 2006, the Secretary 
of Homeland Security shall fully implement the plan described in 
subsection (a).
    (c) Report.--Not later than September 30, 2005, the Secretary of 
Homeland Security shall submit the plan described in subsection (a) to 
the appropriate congressional committee (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2005 and 2006, and such sums as may be necessary for each 
succeeding fiscal year.

SEC. 112. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE US-CANADIAN 
              BORDER.

    Not later than September 30, 2005, the Secretary of Homeland 
Security shall develop a plan to install surveillance systems along the 
U.S.-Canadian border and provide the appropriate congressional 
committees (as defined by section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) with a cost estimate and deployment schedule 
designed to implement such plan.

SEC. 113. LEVEL OF K-9 UNITS.

    (a) In General.--The Secretary of Homeland Security shall increase 
the number of K-9 units working within U.S. Customs and Border 
Protection, including adding infrastructure, officers ,and support 
staff necessary for each unit, by 20 percent above levels in existence 
at the end of fiscal year 2004.
    (b) Use of New Units.--The K-9 units added under subsection (a) 
shall be distributed proportionately to both the U.S.-Mexico border and 
the U.S.-Canadian border, and be used only for bomb, passenger, and 
currency detection purposes.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 114. DEPLOYMENT OF RADIATION PORTAL MONITORS ON THE SOUTHERN 
              BORDER .

    (a) In General.--The Secretary of Homeland Security shall ensure 
radiation portal monitors are installed at all southern border ports of 
entry not later than September 30, 2005.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $49,000,000 to carry out this section.

 Subtitle C--Ensuring Sufficient Well-trained Personnel at Our Borders

SEC. 121. DOUBLE THE NUMBER OF CBP PERSONNEL.

    (a) Temporary Increase in Personnel.--Pending congressional 
consideration of the study described in section 122, there are 
authorized to be appropriated to the Secretary of Homeland Security 
such sums as may be necessary--
            (1) to double, as compared to the number of such positions 
        which existed at the end of fiscal year 2004, the number of 
        positions for U.S. Customs and Border Protection personnel 
        (including support personnel) at and between our nation's ports 
        of entry;
            (2) to establish, not later than September 30, 2005, at 
        least one Border Patrol unit for the Virgin Islands of the 
        United States; and
            (3) to establish facilities in which the additional 
        personnel described in paragraph (1) may work.
    (b) Waiver of Limitation.--The Secretary of Homeland Security is 
authorized to waive any limitation on the number of full-time 
equivalent personnel assigned to the Department of Homeland Security to 
fulfill the requirements of subsection (a).

SEC. 122. ASSESSING STAFFING NEEDS AT OUR BORDERS.

    The Secretary of Homeland Security shall contract with an 
independent entity to undertake a study to determine the necessary 
level and allocation of personnel, including support staff, at United 
States ports of entry and border patrol sectors. The study shall take 
into account, at a minimum, the overall mission of U.S. Customs and 
Border Protection, threat and vulnerability information pertaining to 
the nation's borders and ports of entry, the impact of new border 
security programs, policies and technologies, and an analysis of 
traffic volumes and wait times at ports of entry. The study is to be 
provided to the appropriate congressional committees, as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), not 
later than 1 year after the date of the enactment of this Act.

SEC. 123. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS.

    (a) In General.--The Secretary of Homeland Security shall provide 
appropriate training for inspectors, and associated support staff on an 
ongoing basis to utilize new technologies and to ensure that the 
proficiency levels of such personnel are acceptable to protect the 
borders of the United States.
    (b) Language Training.--The Secretary of Homeland Security ensure 
that inspectors assigned to the southern border are proficient in 
Spanish language, and shall provide training to inspectors in Spanish 
and other languages determined to be necessary in carrying out anti-
terrorism and law enforcement functions. The Secretary of Homeland 
Security shall provide, where necessary, appropriate language training 
to inspectors and border patrol agents on the northern border.
    (c) Retention and Development of Experts.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall make recommendations to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) on how the current Department of Homeland Security 
personnel system should be modified to allow for the retention and 
development of immigration and customs experts, to include the creation 
of new positions.

SEC. 124. REQUIRING REPORT ON THE ``ONE FACE AT THE BORDER 
              INITIATIVE''.

    (a) In General.--Not later than September 30 of each of the 
calendar years 2005 and 2006, the Commissioner of Customs shall prepare 
and submit to Congress a report--
            (1) describing and analyzing the goals, success, and 
        shortfalls of the One Face at the Border Initiative at 
        enhancing security and facilitating travel;
            (2) providing a breakdown of the number of personnel of 
        U.S. Customs and Border Protection that were personnel of the 
        United States Customs Service prior to the establishment of the 
        Department of Homeland Security, that were personnel of the 
        Immigration and Naturalization Service prior to the 
        establishment of the Department of Homeland Security, and that 
        were hired after the establishment of the Department of 
        Homeland Security;
            (3) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative;
            (4) outlining the steps taken by U.S. Customs and Border 
        Protection to ensure that expertise is retained with respect to 
        customs, immigration, and agriculture inspection functions 
        under the One Face at the Border Initiative; and
            (5) reviewing whether the missions of customs, agriculture, 
        and immigration are equally emphasized.
    (b) Assessment of Report.--The Comptroller General of the United 
States shall the review the reports submitted under subsection (a) and 
shall provide an assessment to the appropriate congressional committees 
(as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) regarding the effectiveness of the One Face at the Border 
Initiative.

   Subtitle D--Establishing a Comprehensive Border Security Strategy

SEC. 131. LAND BORDER SECURITY STRATEGY.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the heads of all other Federal agencies with border-
related functions or with facilities or lands on or along the border, 
shall submit to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
unclassified and classified versions of a unified, comprehensive 
strategy to secure the land borders of the United States not later than 
6 months after the date of the enactment of this Act. The submission 
should include a description of the actions already taken to implement 
the strategy.
    (b) Contents.--The report shall cover the following areas:
            (1) Personnel.
            (2) Infrastructure.
            (3) Technology.
            (4) Coordination of intelligence among agencies.
            (5) Legal responsibilities.
            (6) Criminal statutes.
            (7) Apprehension goals.
            (8) Prosecutorial guidelines.
            (9) Economic impact.
            (10) Flow of commerce.
    (c) Consultation.--In creating the strategy described in subsection 
(a), the Federal agencies described in such subsection shall consult 
private sector organizations and nongovernmental organizations with 
national security, privacy, agriculture, immigration, customs, 
transportation, technology, legal, and business expertise.
    (d) Implementation.--The Secretary shall implement the strategy not 
later than 12 months after the date of the enactment of this Act.
    (e) Evaluation.--The Comptroller General of the United States shall 
track, monitor, and evaluate such strategy to secure our borders to 
determine its efficacy.
    (f) Report.--Not later than 15 months after the date of the 
enactment of this Act, and every year thereafter for the succeeding 5 
years, the Comptroller General of the United States shall submit a 
report to the Congress on the results of the activities undertaken 
under subsection (a) during the previous year. Each such report shall 
include an analysis of the degree to which the border security strategy 
has been effective in securing our borders. Each such report shall 
include a collection and systematic analysis of data, including 
workload indicators, related to activities to improve and increase 
border security.

SEC. 132. IMPROVED INFORMATION SHARING.

    The Secretary of Homeland Security shall, not later than October 1, 
2005--
            (1) integrate the IDENT and IAFIS databases; and
            (2) make interoperable databases used by inspectors in 
        secondary inspections.

SEC. 133. CREATION OF NORTHERN AND SOUTHERN BORDER COORDINATORS.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 seq.) is amended--
            (1) in section 402, by redesignating paragraph (8) as 
        paragraph (9) and by inserting after paragraph (7) the 
        following:
            ``(8) Increasing the security of the United States at the 
        ports of entry located along the northern and southern borders, 
        and improving the coordination among the agencies responsible 
        for maintaining that security.''; and
            (2) in subtitle C, by adding at the end the following:

``SEC. 431. BORDER COORDINATORS.

    ``(a) In General.--There shall be within the Directorate of Border 
and Transportation Security the positions of Northern Border 
Coordinator and Southern Border Coordinator, who shall be appointed by 
the Secretary and who shall report directly to the Under Secretary for 
Border and Transportation Security.
    ``(b) Responsibilities.--The Northern Border Coordinator and the 
Southern Border Coordinator shall undertake the following 
responsibilities along the northern and southern borders, 
respectively--
            ``(1) serve as the primary official of the Department 
        responsible for coordinating all Federal security activities 
        along the border, especially at land border ports of entry;
            ``(2) provide enhanced communication and data-sharing 
        between Federal, State, local, and tribal agencies on law 
        enforcement, emergency response, or security-related 
        responsibilities for areas on or adjacent to the borders of the 
        United States with Canada or Mexico;
            ``(3) work to improve the communications systems within the 
        Department to facilitate the integration of communications of 
        matters relating to border security;
            ``(4) oversee the implementation of the pertinent bilateral 
        agreement (the United States-Canada `Smart Border' Declaration 
        applicable to the northern border and the United States-Mexico 
        Partnership Agreement applicable to the southern border) to 
        improve border functions, ensure security, and promote trade 
        and tourism;
            ``(5) consistent with section 102, assess all land border 
        ports of entry along the appropriate border and develop a list 
        of infrastructure and technology improvement projects for 
        submission to the Secretary based on the ability of a project 
        to fulfill immediate security requirements and facilitate trade 
        across the borders of the United States; and
            ``(6) serve as a liaison to the foreign agencies with 
        responsibility for the appropriate border with the United 
        States.''.
    (b) Clerical Amendment.--Section 1(b) of such Act is amended in the 
table of contents by inserting after the item relating to section 430 
the following:

``Sec. 431. Border coordinators.''.

SEC. 134. SMART BORDER ACCORD IMPLEMENTATION.

    The President shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) information about the ongoing progress on 
implementation of the Smart Border Accords through quarterly updates on 
meetings of the Smart Border Working Group.

SEC. 135. SENSE OF CONGRESS ON THE PERIOD OF ADMISSION FOR BORDER 
              CROSSING CARD HOLDERS.

    (a) Sense of Congress.--It is the sense of the Congress that 
citizens and nationals of Mexico should be treated with parity in 
relation to citizens and nationals of Canada in establishing the 
periods of time they are lawfully permitted to remain in the United 
States.
    (b) Modification to Documentary Requirements.--Notwithstanding any 
other provision of law, once section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
fully implemented, the period of admission for an alien entering the 
United States under a border crossing card shall be 6 months.

             Subtitle E--Enhancing Border Security Programs

SEC. 141. CREATING A MORE EFFECTIVE ENTRY-EXIT SYSTEM.

    (a) Creation of a US-VISIT Outreach Office.--
            (1) In general.--The Secretary of Homeland Security shall 
        create an ``Office of US-VISIT Outreach'' that will inform on a 
        regular basis local border officials, residents, and businesses 
        about developments in the US-VISIT program. Specifically, this 
        office shall provide information to local border officials, 
        residents, and businesses, and seek guidance from such persons 
        and entities about, the practical effects to border communities 
        of the implementation of US-VISIT.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (b) Task Force on Integrated Entry and Exit System.--
            (1) Sense of congress.--It is the sense of the Congress 
        that the work of the task force established under section 3 of 
        the Immigration and Naturalization Service Data Management 
        Improvement Act of 2000 (8 U.S.C. 1365a note)was prematurely 
        terminated, robbing the Department of Homeland Security of the 
        very expertise needed to properly set the requirements for, and 
        validate the work of, contractors on information technology 
        programs, particularly the US-VISIT program.
            (2) Termination.--Section 3(i) of the Immigration and 
        Naturalization Service Data Management Improvement Act of 2000 
        (8 U.S.C. 1365a note) is amended to read as follows:
    ``(i) Termination.--The Task Force shall terminate on a date 
designated by the Secretary of Homeland Security as the date on which 
the work of the Task Force has been completed, except that such 
designated date may not be earlier than December 21, 2008.''.
    (c) Electronic Arrival/departure Records.--
            (1) Not later than December 31, 2005, the Secretary of 
        Homeland Security--
                    (A) shall ensure that the functions served by 
                Department of Homeland Security paper Form Number I-94 
                (Arrival/Departure Record) and Form Number I-94W (NIV 
                Waiver Arrival/Departure Record) are being carried out 
                by electronic means; and
                    (B) shall eliminate such forms.
            (2) Implementation plan.--Not later than December 31, 2004, 
        the Secretary of Homeland Security shall submit to the 
        appropriate congressional committees (as defined in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan 
        describing the measures the Secretary is taking to carry out 
        subsection (c) before the deadline described in such 
        subsection.

SEC. 142. TRANSPORTATION WORKER IDENTIFICATION CARD.

    (a) In General.--The Secretary of Homeland Security shall submit a 
report to the Congress not later than December 31, 2004, regarding the 
development and distribution of a transportation worker identification 
card.
    (b) Contents.-- The report described in subsection (a) shall 
include information on--
            (1) the plan for distribution of the card;
            (2) the eligibility of Canadian and Mexican truck drivers 
        who are certified under the Free and Secure Trade (``FAST'') 
        initiative;
            (3) selected biometric feature and other security features 
        of the card; and
            (4) the cost of, and deployment schedule for, card-reading 
        equipment.

SEC. 143. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF 
              INTERMODAL CARGO CONTAINERS.

    (a) Standards and Verification Procedures.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Under Secretary for Border and 
Transportation Security, shall establish standards and verification 
procedures for the security of intermodal cargo containers moving 
within the intermodal transportation system, including standards for 
sealing and procedures for seal verifications for cargo containers at 
loading.
    (b) Requirements.--The standards and verification procedures 
established pursuant to subsection (a) shall be consistent with the 
cargo container security recommendations of the Interagency Container 
Working Group and the Smart and Secure Trade Lane program and shall 
meet the following additional requirements:
            (1) Seal standards.--Intermodal cargo containers shall at a 
        minimum be affixed with a security seal equivalent to the level 
        ``D'' high security seal (as certified by the International 
        Organization for Standardization (ISO); Certification No. 
        17712) at loading.
            (2) Seal verification.--Procedures shall be established for 
        the verification of security seals described in paragraph (1), 
        including procedures to determine which individuals and 
        entities in the intermodal transportation system are 
        responsible for sealing intermodal cargo containers, recording 
        of seal numbers, changes to such numbers if a container is 
        opened, and anomalies to security seals.

SEC. 144. SENSE OF CONGRESS ON THE NEED FOR ADDITIONAL STAFF FOR THE 
              UNITED STATES CONSULATE-GENERAL IN MEXICO.

    It is the sense of the Congress that--
            (1) the United States Mission to Mexico plays an important 
        part in ensuring the security of our southern border;
            (2) this mission must have sufficient staff in order to 
        adequately fulfill their consular responsibilities, an 
        important part of a comprehensive strategy to secure our 
        border;
            (3) the level of staffing has not kept pace with rising 
        consular workloads; and
            (4) therefore, appropriations should be authorized for a 25 
        percent staff increase for the United States mission to Mexico.

   Subtitle F--Securing Our Tribal and Federal Lands and Territories

SEC. 151. OFFICE OF TRIBAL SECURITY.

    (a) Establishment.--There is established within the Department of 
Homeland Security the Office of Tribal Security.
    (b) Director.--The Office of Tribal Security shall be administered 
by a Director, who shall be appointed by the President by and with the 
advice and consent of the Senate. The Director shall report directly to 
the Secretary of Homeland Security.
    (c) Duties.--The Director shall be responsible for coordinating 
relations between the Federal Government and federally recognized 
Indian tribes on issues relating to homeland security, which shall 
include the following duties:
            (1) Providing a point of contact within Department of 
        Homeland Security which shall be responsible for--
                    (A) meeting the broad and complex Federal 
                responsibilities owed to federally recognized Indian 
                tribes by the Department of Homeland Security; and
                    (B) soliciting and, where appropriate, addressing 
                the homeland security concerns of federally recognized 
                Indian tribes and other parties interested in Indian 
                affairs.
            (2) Communicating relevant policies of the Department of 
        Homeland Security to federally recognized Indian tribes and the 
        public.
            (3) Promoting internal uniformity of Department of Homeland 
        Security policies relating to Indian country (as defined in 
        section 1151 of title 18, United States Code).
            (4) Coordinating with the Directorate of Border and 
        Transportation Security and tribal governments to develop a 
        comprehensive border security policy that addresses law 
        enforcement, personnel, and funding issues in Indian country 
        (as defined in section 1151 of title 18, United States Code) on 
        the United States borders with Canada and with Mexico.
            (5) Coordinating with the Directorate for Information 
        Analysis and Infrastructure Protection and tribal governments 
        to develop appropriate policies for infrastructure protection 
        on Indian lands, as well as information sharing mechanisms with 
        tribal governments.
            (6) Coordinating with the Directorate of Emergency 
        Preparedness and Response and the Office of State and Local 
        Government Coordination and Preparedness to help ensure that 
        tribal governments are fully informed of, have access to, and 
        may apply for all Department of Homeland Security grant 
        opportunities for emergency response providers, and to develop 
        and achieve preparedness goals for tribal governments that are 
        consistent with national goals for terrorism preparedness, as 
        determined by the Department.
            (7) Coordinating with the Director of Science and 
        Technology to identify opportunities to conduct research and 
        development of homeland security technologies or scientific 
        understanding for tribal universities or private sector 
        entities.
            (8) Coordinating with the Office of Citizenship and 
        Immigration Services and other relevant offices within the 
        Department of Homeland Security with immigration service and 
        enforcement related functions to develop policies on issues 
        related to citizenship and the movement of members of federally 
        recognized Indian tribes across the United States border, 
        taking into consideration the unique characteristics of certain 
        federally recognized Indian tribes with jurisdiction over lands 
        adjacent to the Canadian and Mexican borders.
            (9) Coordinating with other offices within the Department 
        of Homeland Security to develop and implement sound policies 
        regarding Indian country (as defined in section 1151 of title 
        18, United States Code) and tribal governments.

SEC. 152. TRANSFER OF ``SHADOW WOLVES'' FROM CPB TO ICE.

    (a) Transfer of Existing Unit.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to the Immigration and Customs Enforcement all functions 
(including the personnel, assets, and obligations held by or available 
in connection with such functions) of the Customs Patrol Officers unit 
of U.S. Customs and Border Protection operating on the Tohono O'odham 
Indian reservation (commonly known as the ``Shadow Wolves'' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within U.S. Immigration and Customs Enforcement additional 
units of Customs Patrol Officers in accordance with this section.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a) and the additional units established pursuant to 
subsection (b) shall enforce the customs laws of the United States on 
Indian lands by preventing the smuggling of narcotics, weapons of mass 
destruction, and other contraband.
    (d) Basic Pay for Journeyman Officers.--The rate of basic pay for a 
journeyman Customs Patrol Officer in a unit described in this section 
shall be not greater than the rate of basic pay for GS-13 of the 
General Schedule.

SEC. 153. DHS AND DOI COORDINATION ON BORDER SECURITY; PROVISION OF 
              TEMPORARY AUTHORITY TO DHS TO TRANSFER FUNDS.

    (a) In General.--Until the completion and implementation of the 
border security strategy described in section 131 of this Act, the 
Secretary of Homeland Security is authorized to transfer appropriated 
funds to the Secretary of Interior in accordance with the memorandum of 
understanding described in subsection (b) to support the security needs 
of the Department of the Interior, its bureaus, and tribal entities, 
including, the protection of border lands, critical infrastructure, and 
key resources.
    (b) Memorandum.--The Secretary of Homeland Security and the 
Secretary of Interior shall enter into a memorandum of understanding 
regarding the funds described in subsection (a). This memorandum 
shall--
            (1) establish criteria for Department of Interior projects 
        to receive such funding;
            (2) establish priorities among such projects; and
            (3) include a description of the scope of activities for 
        such projects, including equipment, recurring maintenance, 
        construction of facilities, recapitalization of facilities, and 
        operations.
    (c) Report.--The appropriate congressional committees (as defined 
in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) shall 
be notified 15 days prior to any transfer of funds. Not later than 
September 30, 2005, the Secretary of Interior shall submit to the 
appropriate congressional committees (as so defined) a copy of the 
memorandum of understanding described in subsection (b).

              TITLE II--SECURING IDENTIFICATION DOCUMENTS

SEC. 201. STATE IDENTIFICATION DOCUMENT STANDARDS.

    (a) Standards for Acceptance by Federal Agencies.--
            (1) In general.--A Federal agency may not accept for any 
        identification-related purpose a driver's license or other 
        comparable identification document issued by a State or 
        subdivision thereof, including a birth certificate, unless the 
        license or document is in a form that is consistent with 
        requirements set forth in regulations promulgated by the 
        Secretary of Homeland Security after consultation with the 
        Department of Transportation, the chief drivers' license 
        officials of each State, and any other organization determined 
        appropriate by the Secretary that represents the States. The 
        form shall contain security features designed to limit 
        tampering, counterfeiting, photocopying, or otherwise 
        duplicating the license or document for fraudulent purposes and 
        to limit use of the license or document by impostors. States or 
        subdivisions thereof may use a biometric identifier in addition 
        to these standards if they already do so, or choose to do so.
            (2) No national identification card.--Nothing in this 
        section shall be construed to authorize, directly or 
        indirectly, the establishment, issuance, or use of a national 
        identification card.
            (3) Deadline.--The Secretary of Homeland Security shall 
        promulgate the regulations referred to in paragraph (1) not 
        later than 6 months after the date of the enactment of this 
        Act.
    (b) Grants to State and Local Governments.--
            (1) Grants to states.--Beginning on the date final 
        regulations are promulgated under subsection (b), the Secretary 
        of Homeland Security shall make grants to States to assist them 
        in issuing driver's licenses and other comparable 
        identification documents that satisfy the requirements under 
        that subsection.
            (2) Grants to local governments.--Beginning on the date 
        final regulations are promulgated under subsection (b), the 
        Secretary of Homeland Security shall make grants to local 
        governments to assist them in issuing birth certificates and 
        other comparable identification documents that satisfy the 
        requirements under that subsection.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (c) Effective Dates and Application.--
            (1) In general.--Except as otherwise provided in this 
        subsection, this section shall take effect on the date of the 
        enactment of this Act.
            (2) Prohibition on federal agencies.--Subsection (b)(1)--
                    (A) shall take effect beginning on October 1, 2006; 
                and
                    (B) shall apply only to--
                            (i) a license or document issued to an 
                        individual for the first time; and
                            (ii) a replacement or renewal license or 
                        document issued according to State or local 
                        law.

SEC. 202. TRAINING IN FRAUD DETECTION AND PREVENTION FOR OFFICERS IN 
              DIVISIONS OF MOTOR VEHICLES.

    The Federal Law Enforcement Training Center shall create a program 
to train employees of U.S. Immigration and Customs Enforcement to 
provide, in the States, training in fraud detection and prevention to 
State and local law enforcement officers stationed, or intended to be 
stationed, in divisions of motor vehicles.

      TITLE III--SECURING THE INTERIOR; TOOLS FOR BORDER SECURITY

                 Subtitle A--Increase in Staff for ICE

SEC. 301. PERSONNEL INCREASE.

    (a) Authorization.--There are authorized to be appropriated to the 
Secretary of Homeland Security such sums as may be necessary so as to 
increase by 225 the number of positions for full-time special agents of 
U.S. Immigration and Customs Enforcement carrying out duties related to 
border security above the number of such positions which existed at the 
end of fiscal year 2004.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) since U.S. Immigration and Customs Enforcement plays a 
        key role in the fight against terrorism and in securing the 
        borders, the Secretary of Homeland Security should work 
        expeditiously to ensure all special agents and national 
        security analytical support staff receive a Top Secret security 
        clearance; and
            (2) maintenance of Top Secret security clearance must be a 
        requirement of continued employment as a special agent.

SEC. 302. ICE STRATEGY AND STAFFING ASSESSMENT.

    (a) In General.--Not later than December 31 of each year, the 
Secretary of Homeland Security shall submit to the Government 
Accountability Office and the appropriate congressional committees (as 
defined by section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) a written report describing its strategy for deploying human 
resources (including investigators and support personnel) to accomplish 
its border security mission.
    (b) Review.--Not later than 90 days after receiving any report 
under subsection (a), the Government Accountability Office shall submit 
to each appropriate congressional committee (as defined by section 2 of 
the Homeland Security Act of 2002 (6 U.S.C. 101)) a written evaluation 
of such report, including recommendations pertaining to how U.S. 
Immigration and Customs Enforcement could better deploy human resources 
to achieve its border security mission through legislative or 
administrative action.

                Subtitle B--Increase in Detention Space

SEC. 311. INCREASE IN DETENTION SPACE.

    (a) Funding Increase.--There are authorized to be appropriated to 
the Secretary of Homeland Security such sums as may be necessary to 
ensure an average daily bed occupancy rate of 22,500 for detention and 
removal operations of U.S. Immigration and Customs Enforcement.
    (b) Personnel Increase.--There are authorized to be appropriated to 
the Secretary of Homeland Security such sums as may be necessary so as 
to increase by 541 the number of positions for full-time employees of 
U.S. Immigration and Customs Enforcement carrying out duties in 
detention and removal operations above the number of such positions 
which existed at the end of fiscal year 2004.
    (c) Sense of Congress.--It is the sense of the Congress that the 
Office of Detention and Removal Operation should be placed under the 
operational control of the Commissioner of U.S. Customs and Border 
Protection, since the largest client of such office is the Border 
Patrol. The Secretary of Homeland Security is directed to move the 
Office of Detention and Removal Operations from U.S. Immigration and 
Customs Enforcement to U.S. Customs and Border Protection.
    (d) Report on Homeland Security Detention Needs.--The Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) a report on detention and removal operations, 
detailing the amount of additional detention space and resources 
required to detain all persons presenting a possible threat to homeland 
security. This report shall include information on alternatives to 
detention including electronic monitoring, telephone and voice 
recognition programs for those on bond, and conducting deportation 
proceedings prior to prisoners release from Federal, State, and local 
prisons. Additionally the report should provide information on 
countries to which removal is problematic.

SEC. 312. SENSE OF CONGRESS REGARDING PROCESSING OF CRIMINAL ALIENS 
              WHILE INCARCERATED.

    It is the sense of the Congress that immigration cases involving 
incarcerated criminal aliens should be processed while the criminal 
alien is in prison. In order to maximize the use of existing detention 
space, the Department of Homeland Security should work with prisons in 
which criminal aliens are incarcerated to complete their removal or 
deportation proceeding before such aliens are released from prison and 
sent to Federal detention.

SEC. 313. SENSE OF CONGRESS REGARDING INCREASE IN PROSECUTORS AND 
              IMMIGRATION JUDGES.

    It is the sense of the Congress that--
            (1) prosecutors and immigration judges are critical for the 
        prompt and proper enforcement of our immigration laws, and are 
        an important part of a comprehensive strategy;
            (2) an insufficient number of prosecutors and immigration 
        judges currently exists to enforce the immigration laws of the 
        United States; and
            (3) therefore, appropriations should be authorized for 
        appropriate staff increases for judicial and prosecutorial 
        offices, commensurate with other personnel increases directed 
        in this Act.

       Subtitle D--Enhancing Law Enforcement Access to Informants

SEC. 351. NEW CLASS OF NONIMMIGRANT ALIENS.

    (a) In General.--Section 101(a)(15)(S) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the comma at the end and 
        inserting ``; or'';
            (3) by inserting after clause (ii) the following:
                    ``(iii) who the Secretary of Homeland Security, the 
                Secretary of State, or the Attorney General 
                determines--
                            ``(I) is in possession of critical reliable 
                        information concerning a commercial alien 
                        smuggling organization or enterprise;
                            ``(II) is willing to supply or has supplied 
                        such information to a Federal or State court; 
                        and
                            ``(III) whose presence in the United States 
                        the Secretary of Homeland Security, the 
                        Secretary of State, or the Attorney General 
                        determines is essential to the success of an 
                        authorized criminal investigation, the 
                        successful prosecution of an individual 
                        involved in the commercial alien smuggling 
                        organization or enterprise, or the disruption 
                        of such organization or enterprise,'';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General'' after ``jointly''; and
            (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
        or (iii)''.
    (b) Admission of Nonimmigrants.--Section 214(k) of the Immigration 
and Nationality Act (8 U.S.C. 1184(k)) is amended--
            (1) by adding at the end of paragraph (1) the following: 
        ``The number of aliens who may be provided a visa as 
        nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal 
        year may not exceed 400.''; and
            (2) by adding at the end the following:
    ``(5) If the Secretary of Homeland Security, the Secretary of 
State, or the Attorney General determines that the identity of a 
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or 
that of any family member of such a nonimmigrant who is provided 
nonimmigrant status pursuant to such section, must be protected, such 
official may take such lawful action as the official considers 
necessary to effect such protection.''.

SEC. 352. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON 
              ADMITTED FOR PERMANENT RESIDENCE.

    Section 245(j) of the Immigration and Nationality Act (8 U.S.C. 
1255(j)) is amended--
            (1) in paragraph (3), by striking ``(1) or (2),'' and 
        inserting ``(1), (2), (3), or (4),'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
    ``(3) If, in the opinion of the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) has supplied information described 
        in subclause (I) of such section; and
            ``(B) the provision of such information has substantially 
        contributed to the success of a commercial alien smuggling 
        investigation, the disruption of a commercial alien smuggling 
        operation, or the prosecution of an individual described in 
        subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien 
(and the spouse, married and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that of an alien 
lawfully admitted for permanent residence if the alien is not described 
in section 212(a)(3)(E).
    ``(4) The Secretary of Homeland Security may adjust the status of a 
nonimmigrant admitted into the United States under section 
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and 
daughters, and parents of the nonimmigrant if admitted under that 
section) to that of an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary of State or the 
Attorney General.''; and
            (4) by adding at the end the following:
    ``(6) If the Secretary of Homeland Security, the Secretary of 
State, or the Attorney General determines that the identity of a person 
whose status is adjusted under this subsection must be protected, such 
official may take such lawful action as the official considers 
necessary to effect such protection.''.

             Subtitle E--Increased Penalties for Smuggling

SEC. 361. COMBATING AGGRAVATED ALIEN SMUGGLING.

    (a) Criminal Penalties.--Section 274(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the 
following:
    ``(4) In the case of a person who has brought aliens into the 
United States in violation of this subsection, the sentence otherwise 
provided for may be increased by up to 10 years if--
            ``(A) the offense was part of an ongoing commercial 
        organization or enterprise;
            ``(B) aliens were transported in groups of 10 or more;
            ``(C) aliens were transported in a manner that endangered 
        their lives or the aliens presented a life-threatening health 
        risk to people in the United States; or
            ``(D) aliens were transported for purposes of prostitution 
        or involuntary servitude.''.
    (b) Rewards Program.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the 
following:
    ``(e) Rewards Program.--
            ``(1) Purpose.--The rewards program shall be designed to 
        assist in the elimination of aggravated alien smuggling.
            ``(2) Definition.--For purposes of this subsection, the 
        term `aggravated alien smuggling' means a violation for which 
        increased penalties are provided under subsection (a)(4).
            ``(3) Administration.--The rewards program shall be 
        administered by the Secretary of Homeland Security, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State.
            ``(4) Rewards authorized.--In the sole discretion of the 
        Secretary of Homeland Security, such Secretary, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State, may pay a reward to any individual who 
        furnishes information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to commit an act of aggravated 
                alien smuggling;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling of 
                an aggravated alien smuggling organization in whole or 
                in significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                aggravated alien smuggling operation.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection. Amounts appropriated under this 
        paragraph shall remain available until expended.
            ``(6) Ineligibility.--An officer or employee of any 
        Federal, State, local, or foreign government who, while in 
        performance of his or her official duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection for such furnishing.
            ``(7) Protection measures.--If the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General 
        determines that the identity of an individual who furnishes 
        information or testimony described in paragraph (4), or the 
        identity of any spouse, parent, son, or daughter of such an 
        individual, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security if 
                such Secretary determines, in consultation, as 
                appropriate, with the Attorney General and the 
                Secretary of State, that the offer or payment of an 
                award of a larger amount is necessary to combat a 
                aggravated alien smuggling operation.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.
    (c) Outreach Program.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney General and the 
Secretary of State, shall develop and implement an outreach program to 
educate the public in the United States and abroad about--
            ``(1) the penalties for bringing in and harboring aliens in 
        violation of this section; and
            ``(2) the financial rewards and other incentives available 
        under subsection (e) for assisting in the investigation, 
        disruption, or prosecution of an aggravated alien smuggling 
        operation.''.

SEC. 362. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines for smuggling, 
transporting, harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as 
to--
            (1) triple the minimum term of imprisonment under that 
        section for offenses involving the smuggling, transporting, 
        harboring, or inducing of--
                    (A) 1 to 5 aliens from 10 months to 30 months;
                    (B) 6 to 24 aliens from 18 months to 54 months;
                    (C) 25 to 100 aliens from 27 months to 81 months; 
                and
                    (D) 101 aliens or more from 37 months to 111 
                months;
            (2) increase the minimum level of fines for each of the 
        offenses described in subparagraphs (A) through (D) of 
        paragraph (1) to the greater of $25,000 per alien or 3 times 
        the amount the defendant received or expected to receive as 
        compensation for the illegal activity;
            (3) increase by at least 2 offense levels above the 
        applicable enhancement in effect on the date of the enactment 
        of this Act the sentencing enhancements for intentionally or 
        recklessly creating a substantial risk of serious bodily injury 
        or causing bodily injury, serious injury, or permanent or life 
        threatening injury;
            (4) for actions causing death, increase the offense level 
        to be equivalent to that for involuntary manslaughter under 
        section 1112 of title 18, United States Code; and
            (5) for corporations or other business entities that 
        knowingly benefit from such offenses, increase the minimum 
        level of fines for each of the offenses described in 
        subparagraphs (A) through (D) of paragraph (1) to $50,000 per 
        alien employed directly, or indirectly through contract, by the 
        corporation or entity.
    (b) Exception.--Subsection (a) shall not apply to an offense that 
involved the smuggling, transporting, or harboring only of the 
defendant's spouse or child (or both the defendant's spouse and child).
    (c) Deadline.--The United States Sentencing Commission shall carry 
out subsection (a) not later than the date that is 6 months after the 
date of the enactment of this Act.

SEC. 363. INCREASED PENALTY FOR SMUGGLING.

    (a) In General.--The third undesignated paragraph of section 545 of 
title 18, United States Code, is amended by striking ``five years'' and 
inserting ``20 years''.
    (b) Enhanced Penalty for Causing Death.--Pursuant to its authority 
under section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide sentencing enhancements for an offense under section 545 of 
title 18, United States Code, as amended by subsection (a), that 
results in the death of a person.
    (c) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission--
            (1) shall ensure that there is reasonable consistency with 
        other Federal sentencing guidelines; and
            (2) shall avoid duplicative punishments for substantially 
        the same offense.

              TITLE IV--BEYOND OUR BORDERS (international)

             Subtitle A--Coordinating DHS Mission Overseas

SEC. 401. OFFICE OF INTERNATIONAL AFFAIRS; EFFECTIVE AND EFFICIENT 
              MANAGEMENT AND COORDINATION OF INTERNATIONAL ASSIGNMENTS.

    Section 879(b) of the Homeland Security Act of 2002 (6 U.S.C. 
459(b)) is amended by adding at the end the following:
            ``(5) To manage all overseas assignments of personnel of 
        the Department, including by coordinating with the Department 
        of State with respect to such assignments and related support 
        matters.''.

SEC. 402. CREATION OF AN OFFICE OF OVERSEAS SERVICE.

    Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is 
amended by adding at the end the following:
    ``(c) Office of Overseas Service.--
            ``(1) In general.--The Secretary shall create an Office of 
        Overseas Service within the Office of International Affairs 
        similar to the Foreign Agricultural Service of the Department 
        of Agriculture and the United States and Foreign Commercial 
        Service of the Department of Commerce. The Director of the 
        Office of International Affairs shall be responsible for 
        administering the Office of Overseas Service.
            ``(2) Functions.--The Office of Overseas Service shall be 
        responsible for the following functions:
                    ``(A) Serving as the contact for the Department of 
                Homeland Security with the State Department to 
                coordinate overseas assignments.
                    ``(B) Recruitment of personnel for overseas 
                service.
                    ``(C) Retention of personnel for overseas service.
                    ``(D) Oversight of training of personnel for 
                overseas service.
            ``(3) Study and report.--
                    ``(A) Study.--Prior to creating the Office of 
                Overseas Service, the Secretary shall direct the 
                Director of the Office of International Affairs to 
                conduct a study on how best to create a foreign service 
                component for the Department for the purpose of 
                adequately recruiting and retaining personnel who are 
                willing and able to serve in the Department in an 
                overseas capacity.
                    ``(B) Report.--Not later than January 1, 2005, the 
                Director of the Office of International Affairs shall 
                prepare and submit to the appropriate congressional 
                committees (as defined by section 2 of the Homeland 
                Security Act of 2002 (6 U.S.C. 101)) a report that 
                contains the results of the study on creating an Office 
                of Overseas Service conducted pursuant to subparagraph 
                (A) and an implementation plan for carrying out such 
                study's recommendations.''.

    Subtitle B--Implementing a More Effective Visa Security Program

SEC. 411. IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Congress a report--
            (1) outlining how the Department of Homeland Security will 
        implement the recommendations of the report issued in August 
        2004 by the Office of the Inspector General of the Department 
        of Homeland Security entitled ``An Evaluation of DHS Activities 
        to Implement Section 428 of the Homeland Security Act of 
        2002'';
            (2) detailing such department's progress in implementing 
        each of the recommendations described in paragraph (1); and
            (3) examining the visa security program's effectiveness as 
        a counter-terrorism program.
    (b) Consultation.--In preparing the report described in subsection 
(a), the Secretary of Homeland Security shall consult with the 
Secretary of State.
    (c) Contents.--The report shall also include the following:
            (1) Overseas placement of visa security officers.--The 
        report shall assess the criteria used in deciding where to 
        station or not to station visa security officers
            (2) Qualifications of visa security officers.--The report 
        shall assess the skills required of a visa security officer, 
        including required foreign language skills.
            (3) Duties.--The report shall contain both the model visa 
        security officer position description and the current duties of 
        the visa security officers stationed overseas.
            (4) Placement within department.--The report shall contain 
        a recommendation on the proper location of the program within 
        Department of Homeland Security to maximize its value as a 
        counter-terrorism program.

              Subtitle C--Securing the Visa Waiver Program

SEC. 421. VISA WAIVER PROGRAM PASSENGER SCREENING; BIOGRAPHICAL CHECKS.

    (a) In General.--The Secretary of Homeland Security shall 
establish, as part of the integrated entry and exit data system 
required under section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic 
system through which an alien seeking to enter the United States 
without a visa under the visa waiver program described in section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) is required to 
submit biographical information prior to embarkation.
    (b) Elements.--The electronic system required to be established 
under subsection (a) shall satisfy the following requirements:
            (1) Electronic determination of eligibility.--The system 
        shall include a method for an electronic determination to be 
        made, and an electronic response to be provided, in 30 minutes 
        or less, as to whether or not an alien submitting information 
        as described in subsection (a) is eligible to be admitted to 
        the United States as a nonimmigrant visitor described in 
        section 101(a)(15)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(B)).
            (2) Carrier obligations.--The system shall include a method 
        for requiring--
                    (A) carriers and other corporations described in 
                section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to 
                inquire electronically, prior to an alien passenger's 
                embarkation without a visa, whether the alien has been 
                determined, using the system described in this section, 
                to be eligible for such an admission; and
                    (B) the electronic response to such inquiry to be 
                provided in 90 seconds or less.
            (3) Deployment.--The system shall be deployed as soon as 
        possible after the date of the enactment of this Act.
            (4) Fee.--The Secretary of Homeland Security shall 
        establish a fee to be charged to aliens described in subsection 
        (a) that is set at a level that will ensure the recovery of the 
        full costs of establishing and operating the system.
    (c) Consultation.--In developing the system, the Secretary of 
Homeland Security shall consult with, and allow for the system's review 
by, a private sector group consisting of individuals with expertise in 
immigration, travel, tourism, privacy, national security, or computer 
security issues.

SEC. 422. DEFINING SECURITY RESPONSIBILITIES OF THE VISA WAIVER PROGRAM 
              OFFICE.

    (a) In General.--The Secretary of Homeland Security shall create a 
Visa Waiver Program Office.
    (b) Functions.-- The functions of the head of the Visa Waiver 
Program Office shall include the following:
            (1) Developing a plan to submit the annual report required 
        under section 110(e) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note).
            (2) Developing protocols and a plan to conduct biennial 
        country reviews.
            (3) Determining funding levels necessary to support the 
        conduct of country reviews and to carry out the other 
        responsibilities of the office.
            (4) Developing a process to comprehensively check all lost 
        and stolen passport data provided countries designated as visa 
        waiver program countries under section 217 of the Immigration 
        and Nationality Act (8 U.S.C. 1187) against entry and exit data 
        in information systems of the United States.
            (5) Developing procedures to collect and analyze data 
        concerning the fraudulent use of visa waiver program passports.
            (6) Including in the country review protocols provisions to 
        review document manufacturing and issuing security practices.
            (7) Coordinating with the Department of State to establish 
        standard operating procedure for systemic and proactive 
        collection of lost and stolen passport information.
            (8) Requiring that inventory control numbers and passport 
        numbers be queried in lookout systems.
            (9) Reviewing policies that allow the return of fraudulent 
        travel documents to those who presented them when they are sent 
        back to their countries of origin.

SEC. 423. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS IN FRAUD 
              AND IMPOSTER DETECTION.

    (a) Fraud Detection.--The Secretary of Homeland Security shall 
provide inspectors conducting inspections of aliens entering the United 
States pursuant to the visa waiver program described in section 217 of 
the Immigration and Nationality Act (8 U.S.C. 1187) with enhanced and 
continuous training in detecting imposters and in passport and document 
fraud detection. Additional training should be provided when any 
program country designated under such section makes changes in its 
passports. The Secretary shall report to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) on the amount and the type of training received 
such inspectors on detecting and handling fraudulent documents.
    (b) Foreign Languages.--The Secretary of Homeland Security shall 
provide inspectors described in subsection (a) with foreign language 
training in languages determined to be necessary to carrying out the 
anti-terrorism and law enforcement functions of such inspectors.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such funds as may be necessary to develop the capability 
to scan fraudulent documents and to transmit a high quality color image 
to the forensic document laboratory. The Secretary of Homeland Security 
shall ensure that staff is available in the Forensic Document 
Laboratory on a 24-hour basis to assist in determining the validity of 
the scanned document.

SEC. 424. AUTHORIZATION OF FUNDS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the functions described in this subtitle.

           TITLE V--SECURING THE IMMIGRATION BENEFITS PROCESS

SEC. 501. IMMIGRATION OMBUDSMAN.

    (a) Extension of Authority to All Immigration Functions.--Section 
452 of the Homeland Security Act of 2002 (6 U.S.C. 272) is amended--
            (1) in subsection (a), by striking ``Citizenship and 
        Immigration Services'' and inserting ``Immigration'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``the Bureau of 
                Citizenship and Immigration Services'' and inserting 
                ``U.S. Citizenship and Immigration Services, U.S. 
                Immigration and Customs Enforcement, or U.S. Customs 
                and Border Protection''; and
                    (B) in each of paragraphs (2) and (3), by striking 
                ``the Bureau of Citizenship and Immigration Services'' 
                each place such term appears and inserting ``such 
                entities'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``the Bureau of 
                Citizenship and Immigration Services'' each place such 
                term appears and inserting ``the entities described in 
                subsection (b)''; and
                    (B) in paragraph (2), by striking ``Director of the 
                Bureau of Citizenship and Immigration Services,'' and 
                inserting ``Director of U.S. Citizenship and 
                Immigration Services, Assistant Secretary for U.S. 
                Immigration and Customs Enforcement, U.S. Customs and 
                Border Protection Commissioner'';
            (4) in subsection (d)--
                    (A) in paragraph (2), by striking ``the Bureau of 
                Citizenship and Immigration Services'' and inserting 
                ``the entities described in subsection (b)''; and
                    (B) in paragraph (4), by striking ``Director of the 
                Bureau of Citizenship and Immigration Services,'' and 
                inserting ``Director of U.S. Citizenship and 
                Immigration Services, Assistant Secretary for U.S. 
                Immigration and Customs Enforcement, and U.S. Customs 
                and Border Protection Commissioner'';
            (5) in subsection (e)(2), by striking ``the Bureau of 
        Citizenship and Immigration Services'' and inserting ``the 
        entities described in subsection (b)'';
            (6) in subsection (f)--
                    (A) by amending the subsection heading to read as 
                follows: ``Responsibilities.--'';
                    (B) by striking ``Director of the Bureau of 
                Citizenship and Immigration Services,'' and inserting 
                ``Director of U.S. Citizenship and Immigration 
                Services, Assistant Secretary for U.S. Immigration and 
                Customs Enforcement, and the U.S. Customs and Border 
                Protection Commissioner''; and
                    (C) by striking ``director'' each place such term 
                appears and inserting ``person''; and
            (7) in subsection (g), by striking ``the Bureau of 
        Citizenship and Immigration Services'' each place such term 
        appears and inserting ``the entities described in subsection 
        (b)''.
    (b) Public Information Campaign; Private Sector Input.--
            (1) In general.--Section 452(d) of the Homeland Security 
        Act of 2002 (6 U.S.C. 272(d)) is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(5) shall launch a public information campaign; and
            ``(6) shall establish a group, which shall consist of 
        private individuals, and Federal, State, and local government 
        officials, with expertise in migration, travel, trade, or 
        national security issues, to provide the Ombudsman with private 
        sector input.''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for such sums as may be necessary to carry 
        out the amendments made by paragraph (1).
    (c) Additional Reporting Requirements.--Section 452(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 272(c)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) shall state the percentage of complaints that 
                can be traced to delays in benefits processing; and
                    ``(H) shall describe the extent to which delays in 
                benefits processing are attributable to entities 
                outside of the Department, particularly government 
                agencies conducting background checks.''.

SEC. 502. CIS WORKFLOW, TECHNOLOGY, AND STAFFING ASSESSMENT.

    (a) In General.--The Comptroller General of the United States shall 
conduct a comprehensive assessment of U.S. Citizenship and Immigration 
Services within the Department of Homeland Security. Such assessment 
shall include study of personnel, administrative and technical support 
positions, technology, training, and facilities.
    (b) Workflow.--As part of the study, the Comptroller General shall 
examine all elements of such unit's workflow, in order to determine the 
most efficient way to handle its work without compromising security. 
Any obstacles associated with security matters should be identified and 
recommendations should be made on ways to minimize such obstacles 
without compromising security. The Comptroller General should assess 
the division of work, adequacy of infrastructure (particularly 
information technology), as well as personnel needs.
    (c) Interactions With Other Organizations.--As part of the study, 
the Comptroller General shall examine the unit's interactions with 
other government organizations. Specifically, the Comptroller General 
shall determine whether existing memoranda of understanding and 
divisions of responsibility, especially any which pre-date the 
establishment of the Department of Homeland Security, need to be 
revised in order to improve the bureau's service delivery.
    (d) Backlog Cost.--As part of the study, the Comptroller General 
shall assess the current cost of maintaining the backlog (as defined in 
section 203 of the Immigration Services and Infrastructure Improvements 
Act of 2000 (8 U.S.C. 1572)).
    (e) Interviews.--The Comptroller General may interview any front-
line personnel, without supervisors present, to determine priorities 
and needs.
    (f) Information Technology.--Aspects of this study related to 
information technology should be coordinated with the Chief Information 
Officer for the Department of Homeland Security and should build on the 
findings of the task force established by section 3 of the Immigration 
and Naturalization Service Data Management Improvement Act of 2000 
(Public Law 106-215).
    (g) Submission.--The study should be completed not later than 
January 1, 2005, and shall be submitted to the Secretary of Homeland 
Security, the Secretary of State, and the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)). It shall include recommendations for resource 
allocation.

SEC. 503. STUDY ON BIOMETRICS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of the National Institute of Standards 
and Technology, shall conduct a study of all biometric identifiers that 
might be collected for purposes of processing and adjudicating 
applications and petitions for immigration benefits, and shall 
determine which among these identifiers would be most appropriate for 
the purposes described in subsection (b). The Secretary shall provide 
the resources necessary properly to conduct the study.
    (b) Uses.--In carrying out subsection (a), the Secretary shall 
consider the use of a biometric identifier--
            (1) to register or catalogue a petition or application for 
        an immigration benefit upon submission to the appropriate 
        Federal agency;
            (2) to check the petitioner or applicant against watch 
        lists;
            (3) as part of the integrated entry and exit data system 
        required under section 110 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a); and
            (4) to conduct background checks with Federal intelligence 
        agencies.
    (c) Factors.--The Secretary shall consider the following factors in 
making the determination under subsection (a):
            (1) Accuracy
            (2) The technology available.
            (3) Economic considerations.
            (4) Storage.
            (5) Efficiency.
    (d) Submission.--The study should be completed within one year of 
enactment, and shall be submitted to the Secretary of State and the 
appropriate congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)).

SEC. 504. DIGITIZING IMMIGRATION FUNCTIONS.

    (a) Digitized Fingerprints.--Not later than January 1, 2005, all 
fingerprints taken for purposes of adjudicating an application or 
petition for an immigration benefit shall be digitized.
    (b) Registering Applications by Biometric.--Not later than January 
1, 2005, all applications and petitions for an immigration benefit 
shall be registered or catalogued by the receiving agency using a 
biometric identifier. Initially, such biometric identifier shall be a 
fingerprint. Subsequently, the Secretary of Homeland Security may 
select one or more alternative biometric identifiers to be used for 
such purposes, taking into account factors such as efficiency, 
accuracy, the technology available, economic considerations, and 
storage requirements.

SEC. 505. STUDY ON DIGITIZING IMMIGRATION BENEFIT APPLICATIONS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a comprehensive study on digitizing all applications and 
petitions for an immigration benefit, including digital storage, 
cataloguing, and the ability to apply for all types of immigration 
benefits through digital means. The study should consider costs for 
both the Federal Government and the applicant or petitioner, as well as 
the feasibility for all types of persons to apply by digital means.
    (b) Submission.--The study should be completed not later than 
January 1, 2005, and shall be submitted to the Secretary of Homeland 
Security, the Secretary of State, and the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)).
                                 <all>