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, con-
tractors on information technology programs, par-
ticularly the US–VISIT program. 
(2) TERMINATION.—Section 3(i) of the Immi-
gration and Naturalization Service Data Manage-
ment 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 Secu-
rity 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 Sec-
retary 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 Ar-
rival/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 Se-
curity 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 describ-
ing 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 Secu-
rity shall submit a report to the Congress not later than 
December 31, 2004, regarding the development and dis-
tribution 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 Transpor-
tation Security, shall establish standards and verification 
procedures for the security of intermodal cargo containers 
moving within the intermodal transportation system, in-
cluding 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 recommenda-
tions 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 con-
tainers shall at a minimum be affixed with a secu-
rity 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 de-
scribed in paragraph (1), including procedures to de-
termine which individuals and entities in the inter-
modal transportation system are responsible for seal-
ing 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 ADDI-
TIONAL 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 responsibil-
ities, 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 author-
ized 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 du-
ties: 
(1) Providing a point of contact within Depart-
ment of Homeland Security which shall be respon-
sible for— 
(A) meeting the broad and complex Fed-
eral responsibilities owed to federally recognized 
Indian tribes by the Department of Homeland 
Security; and 
(B) soliciting and, where appropriate, ad-
dressing the homeland security concerns of fed-
erally recognized Indian tribes and other parties 
interested in Indian affairs. 
(2) Communicating relevant policies of the De-
partment of Homeland Security to federally recog-
nized Indian tribes and the public. 
(3) Promoting internal uniformity of Depart-
ment of Homeland Security policies relating to In-
dian 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 sec-
tion 1151 of title 18, United States Code) on the 
United States borders with Canada and with Mexico. 
(5) Coordinating with the Directorate for Infor-
mation 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 gov-
ernments. 
(6) Coordinating with the Directorate of Emer-
gency Preparedness and Response and the Office of 
State and Local Government Coordination and Pre-
paredness to help ensure that tribal governments are 
fully informed of, have access to, and may apply for 
all Department of Homeland Security grant oppor-
tunities for emergency response providers, and to de-
velop and achieve preparedness goals for tribal gov-
ernments that are consistent with national goals for 
terrorism preparedness, as determined by the De-
partment. 
(7) Coordinating with the Director of Science 
and Technology to identify opportunities to conduct 
research and development of homeland security tech-
nologies or scientific understanding for tribal univer-
sities 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 func-
tions to develop policies on issues related to citizen-
ship and the movement of members of federally rec-
ognized Indian tribes across the United States bor-
der, taking into consideration the unique character-
istics 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 Im-
migration and Customs Enforcement all functions (includ-
ing the personnel, assets, and obligations held by or avail-
able in connection with such functions) of the Customs 
Patrol Officers unit of U.S. Customs and Border Protec-
tion operating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit). 
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary 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 trans-
ferred 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 pre-
venting the smuggling of narcotics, weapons of mass de-
struction, 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 SECU-
RITY; PROVISION OF TEMPORARY AUTHOR-
ITY TO DHS TO TRANSFER FUNDS. 
(a) IN GENERAL.—Until the completion and imple-
mentation of the border security strategy described in sec-
tion 131 of this Act, the Secretary of Homeland Security 
is authorized to transfer appropriated funds to the Sec-
retary 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 bu-
reaus, and tribal entities, including, the protection of bor-
der lands, critical infrastructure, and key resources. 
(b) MEMORANDUM.—The Secretary of Homeland Se-
curity and the Secretary of Interior shall enter into a 
memorandum of understanding regarding the funds de-
scribed 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 activi-
ties for such projects, including equipment, recurring 
maintenance, construction of facilities, recapitaliza-
tion of facilities, and operations. 
(c) REPORT.—The appropriate congressional com-
mittees (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 appro-
priate congressional committees (as so defined) a copy of 
the memorandum of understanding described in sub-
section (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 driv-
er’s license or other comparable identification docu-
ment issued by a State or subdivision thereof, in-
cluding a birth certificate, unless the license or docu-
ment is in a form that is consistent with require-
ments 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 Sec-
retary that represents the States. The form shall 
contain security features designed to limit tam-
pering, 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 author-
ize, 
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
GOVERN-
MENTS.— 
(1) GRANTS
TO
STATES.—Beginning on the 
date final regulations are promulgated under sub-
section (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.—Begin-
ning on the date final regulations are promulgated 
under subsection (b), the Secretary of Homeland Se-
curity shall make grants to local governments to as-
sist them in issuing birth certificates and other com-
parable identification documents that satisfy the re-
quirements 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 pro-
vided 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 PREVEN-
TION 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, train-
ing in fraud detection and prevention to State and local 
law enforcement officers stationed, or intended to be sta-
tioned, in divisions of motor vehicles. 
TITLE III—SECURING THE INTE-
RIOR; TOOLS FOR BORDER 
SECURITY 
Subtitle A—Increase in Staff for 
ICE 
SEC. 301. PERSONNEL INCREASE. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated 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 du-
ties 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 En-
forcement plays a key role in the fight against ter-
rorism and in securing the borders, the Secretary of 
Homeland Security should work expeditiously to en-
sure all special agents and national security analyt-
ical support staff receive a Top Secret security clear-
ance; and 
(2) maintenance of Top Secret security clear-
ance must be a requirement of continued employ-
ment 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 sub-
mit to the Government Accountability Office and the ap-
propriate 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 per-
sonnel) to accomplish its border security mission. 
(b) REVIEW.—Not later than 90 days after receiving 
any report under subsection (a), the Government Account-
ability Office shall submit to each appropriate congres-
sional 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 secu-
rity 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 oper-
ations 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 du-
ties 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 Con-
gress that the Office of Detention and Removal Operation
should be placed under the operational control of the Com-
missioner 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 sub-
mit to the appropriate congressional committees (as de-
fined in section 2 of the Homeland Security Act of 2002 
(6 U.S.C. 101)) a report on detention and removal oper-
ations, detailing the amount of additional detention space 
and resources required to detain all persons presenting a 
possible threat to homeland security. This report shall in-
clude information on alternatives to detention including 
electronic monitoring, telephone and voice recognition pro-
grams for those on bond, and conducting deportation pro-
ceedings 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 author-
ized for appropriate staff increases for judicial and 
prosecutorial offices, commensurate with other per-
sonnel 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 Im-
migration 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 Se-
curity, 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 sup-
plied such information to a Federal or 
State court; and 
‘‘(III) whose presence in the United 
States the Secretary of Homeland Secu-
rity, the Secretary of State, or the Attor-
ney General determines is essential to the 
success of an authorized criminal investiga-
tion, the successful prosecution of an indi-
vidual involved in the commercial alien 
smuggling organization or enterprise, or 
the disruption of such organization or en-
terprise,’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary 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 pro-
vided 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 Sec-
retary 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 sta-
tus pursuant to such section, must be protected, such offi-
cial 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 PERMA-
NENT 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 para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the opinion of the Secretary of Homeland 
Security, the Secretary of State, or the Attorney Gen-
eral— 
‘‘(A) a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) has supplied 
information described in subclause (I) of such sec-
tion; and 
‘‘(B) the provision of such information has sub-
stantially contributed to the success of a commercial 
alien smuggling investigation, the disruption of a 
commercial alien smuggling operation, or the pros-
ecution 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 per-
manent 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 Sec-
retary 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 com-
mercial 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 Immi-
gration 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 sub-
section, 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 dis-
cretion 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 infor-
mation or testimony leading to— 
‘‘(A) the arrest or conviction of any indi-
vidual conspiring or attempting to commit an 
act of aggravated alien smuggling; 
‘‘(B) the arrest or conviction of any indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act;
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of an aggravated alien smuggling or-
ganization in whole or in significant part; or 
‘‘(E) the identification or location of an in-
dividual 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 du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section 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 indi-
vidual, 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, ex-
cept as personally authorized by the Secretary 
of Homeland Security if such Secretary deter-
mines, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, 
that the offer or payment of an award of a larg-
er amount is necessary to combat a aggravated 
alien smuggling operation. 
‘‘(B) APPROVAL.—Any reward under this 
subsection exceeding $50,000 shall be person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
certified for payment by the Secretary of Home-
land Security.’’. 
(c) OUTREACH PROGRAM.—Section 274 of the Immi-
gration 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 Home-
land Security, in consultation, as appropriate, with the At-
torney 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 in-
vestigation, disruption, or prosecution of an aggra-
vated alien smuggling operation.’’. 
SEC. 362. INCREASED CRIMINAL SENTENCES AND FINES 
FOR ALIEN SMUGGLING. 
(a) IN GENERAL.—Subject to subsection (b), pursu-
ant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission 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 smug-
gling, 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 defend-
ant 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 enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, or permanent or life 
threatening injury; 
(4) for actions causing death, increase the of-
fense 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 para-
graph (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 Com-
mission 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 para-
graph 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 Com-
mission shall amend the Federal sentencing guidelines to 
provide sentencing enhancements for an offense under sec-
tion 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 consist-
ency with other Federal sentencing guidelines; and 
(2) shall avoid duplicative punishments for sub-
stantially 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 COORDI-
NATION 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 coordi-
nating 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 fol-
lowing: 
‘‘(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 Agricul-
tural 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 respon-
sible for administering the Office of Overseas Serv-
ice. 
‘‘(2) FUNCTIONS.—The Office of Overseas 
Service shall be responsible for the following func-
tions: 
‘‘(A) Serving as the contact for the De-
partment 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 Af-
fairs to conduct a study on how best to create 
a foreign service component for the Department 
for the purpose of adequately recruiting and re-
taining personnel who are willing and able to 
serve in the Department in an overseas capac-
ity. 
‘‘(B) REPORT.—Not later than January 1, 
2005, the Director of the Office of Inter-
national Affairs shall prepare and submit to the 
appropriate congressional committees (as de-
fined by section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) a report that con-
tains the results of the study on creating an Of-
fice of Overseas Service conducted pursuant to 
subparagraph (A) and an implementation plan 
for carrying out such study’s recommenda-
tions.’’.