I 
108TH CONGRESS 
2D SESSION 
H. R. 5291
To win the war on terror. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2004
Mr. TURNER of Texas (for himself, Ms. LORETTA SANCHEZ of California, Ms. 
NORTON, Ms. MCCARTHY of Missouri, Ms. JACKSON-LEE of Texas, Mrs. 
CHRISTENSEN, and Mr. LANGEVIN) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure, and 
in addition to the Committees on Armed Services, International Rela-
tions, Judiciary, Ways and Means, Select Intelligence (Permanent Select), 
Energy and Commerce, Government Reform, Science, and Select Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To win the war on terror.
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Winning the War on Terror Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INCREASING SPECIAL FORCES 
Sec. 2. Increase in special operations forces assigned to special operations com-
mand. 
Sec. 3. Annual report on special operations forces retention. 
Sec. 4. Report on active and reserve mix for special operations forces and spe-
cial forces transformation. 
TITLE II—STRENGTHENING COUNTER-PROLIFERATION 
Sec. 11. Sense of Congress on counterproliferation programs. 
Sec. 12. Global Threat Reduction Initiative. 
Sec. 13. Cooperative Threat Reduction Initiative. 
Sec. 14. Sense of Congress on Proliferation Security Initiative. 
Sec. 15. Threat assessments on sources of radiological materials. 
Sec. 16. Elimination of United States chemical stockpile. 
TITLE III—IMPROVING THE TERRORIST SCREENING CENTER 
Sec. 21. Targeting terrorist travel. 
TITLE IV—IMPROVING BORDER SECURITY 
Sec. 30. Short title. 
Subtitle A—Securing Our Borders 
CHAPTER 1—INFRASTRUCTURE ENHANCEMENTS 
Sec. 31. Establishment of Land Border Infrastructure Improvement Fund. 
Sec. 32. Requiring a vulnerability assessment of land ports of entry. 
Sec. 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs. 
CHAPTER 2—ENHANCING BORDER MONITORING TECHNOLOGY 
Sec. 35. Deployment of surveillance systems along the U.S.-Mexico border. 
Sec. 36. Deployment of surveillance systems along the U.S.–Canadian border. 
Sec. 37. Level of K–9 units. 
CHAPTER 3—ENSURING SUFFICIENT WELL-TRAINED PERSONNEL AT OUR 
BORDERS 
Sec. 41. Double the number of CBP personnel. 
Sec. 42. Assessing staffing needs at our borders. 
Sec. 43. Additional and continuous training for inspectors. 
Sec. 44. Requiring report on the ‘‘One Face at the Border Initiative’’. 
CHAPTER 4—ESTABLISHING A COMPREHENSIVE BORDER SECURITY 
STRATEGY 
Sec. 51. Land border security strategy. 
Sec. 52. Improved information sharing. 
Sec. 53. Creation of northern and southern border coordinators. 
Sec. 54. Smart Border Accord implementation. 
Sec. 55. Sense of Congress on the period of admission for border crossing card 
holders. 
CHAPTER 5—ENHANCING BORDER SECURITY PROGRAMS
Sec. 61. Creating a more effective entry-exit system. 
Sec. 62. Transportation worker identification card. 
Sec. 63. Standards and verification procedures for the security of intermodal 
cargo containers. 
Sec. 64. Sense of Congress on the need for additional staff for the United 
States Consulate-General in Mexico. 
CHAPTER 6—SECURING OUR TRIBAL AND FEDERAL LANDS AND 
TERRITORIES 
Sec. 65. Office of Tribal Security. 
Sec. 66. Transfer of ‘‘Shadow Wolves’’ from CPB to ICE. 
Sec. 67. DHS and DOI coordination on border security; provision of temporary 
authority to DHS to transfer funds. 
Subtitle B—Securing Identification Documents 
Sec. 71. State identification document standards. 
Sec. 72. Training in fraud detection and prevention for officers in divisions of 
motor vehicles. 
Subtitle C—Securing the Interior; Tools for Border Security 
CHAPTER 1—INCREASE IN STAFF FOR ICE 
Sec. 81. Personnel increase. 
Sec. 82. ICE strategy and staffing assessment. 
CHAPTER 2—INCREASE IN DETENTION SPACE 
Sec. 85. Increase in detention space. 
Sec. 86. Sense of Congress regarding processing of criminal aliens while incar-
cerated. 
Sec. 87. Sense of Congress regarding increase in prosecutors and immigration 
judges. 
CHAPTER 3—ENHANCING LAW ENFORCEMENT ACCESS TO INFORMANTS 
Sec. 91. New class of nonimmigrant aliens. 
Sec. 92. Adjustment of status of nonimmigrant to that of person admitted for 
permanent residence. 
CHAPTER 4—INCREASED PENALTIES FOR SMUGGLING 
Sec. 95. Combating aggravated alien smuggling. 
Sec. 96. Increased criminal sentences and fines for alien smuggling. 
Sec. 97. Increased penalty for smuggling. 
Subtitle D—Beyond our Borders (International) 
CHAPTER 1—COORDINATING DHS MISSION OVERSEAS 
Sec. 101. Office of International Affairs; effective and efficient management 
and coordination of international assignments. 
Sec. 102. Creation of an Office of Overseas Service. 
CHAPTER 2—IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM 
Sec. 105. Implementing a more effective visa security program.
CHAPTER 3—SECURING THE VISA WAIVER PROGRAM 
Sec. 106. Visa waiver program passenger screening; biographical checks. 
Sec. 107. Defining security responsibilities of the Visa Waiver Program Office. 
Sec. 108. Additional and continuous training for inspectors in fraud and im-
poster detection. 
Sec. 109. Authorization of funds. 
Subtitle E—Securing the Immigration Benefits Process 
Sec. 111. Immigration ombudsman. 
Sec. 112. CIS workflow, technology, and staffing assessment. 
Sec. 113. Study on biometrics. 
Sec. 114. Digitizing immigration functions. 
Sec. 115. Study on digitizing immigration benefit applications. 
TITLE V—STRENGTHENING RAIL SECURITY 
Sec. 121. Public transportation system grants and training. 
Sec. 122. Public transportation security plan, best practices, and awareness. 
Sec. 123. Memorandum of Agreement. 
TITLE VI—STRENGTHENING PORT SECURITY 
Sec. 130. Short title. 
Subtitle A—Bureau of Customs and Border Protection security programs 
Sec. 131. Amendments to the Homeland Security Act of 2002. 
Subtitle B—Port Security 
Sec. 135. Port security grant funding. 
Sec. 136. Funding for collaborative program for development of maritime infor-
mation sharing and analysis capability. 
Sec. 137. Appropriate congressional committees defined. 
Subtitle C—Strengthening the Coast Guard 
Sec. 141. Acceleration of integrated deepwater program. 
Sec. 142. Increase in authorized Coast Guard personnel. 
Sec. 143. Sense of the Congress regarding naming new vessels under the Deep-
water Program for cities of the United States. 
TITLE VII—STRENGTHENING AVIATION SECURITY 
Sec. 151. Passenger and baggage screening operations. 
Sec. 152. Checked baggage security screening. 
Sec. 153. Aviation security capital fund. 
Sec. 154. Elimination of bag-match program as acceptable alternative for 
checked baggage. 
Sec. 155. Aviation security technologies. 
Sec. 156. Inspection of cargo carried aboard passenger aircraft. 
Sec. 157. Database on known shipping companies. 
Sec. 158. Flight crew communication systems. 
Sec. 159. National Strategy for Transportation Security. 
Sec. 160. Use of watchlists for passenger air transportation screening. 
TITLE VIII—IMPROVING PRIVATE SECTOR PREPAREDNESS
Sec. 161. Short title. 
Sec. 162. Findings. 
Sec. 163. Private sector emergency preparedness program. 
TITLE IX—INCREASING INFORMATION SHARING 
Sec. 165. Information sharing. 
TITLE X—PROTECTING CRITICAL INFRASTRUCTURE 
Sec. 171. Critical infrastructure evaluation and prioritization program. 
Sec. 172. Deadline for comprehensive national plan to secure critical infrastruc-
ture and key assets. 
Sec. 173. Regulatory authority. 
Sec. 174. Best practices. 
TITLE XI—DEFENDING AGAINST BIOTERRORISM 
Subtitle A—National Biodefense Strategy 
Sec. 181. National biodefense strategy. 
Subtitle B—Development of Medical Countermeasures 
Sec. 184. Short title. 
Sec. 185. Findings and policy. 
Sec. 186. Rapid biodefense countermeasures development national strategy. 
Sec. 187. Clinical research under emergency conditions. 
Sec. 188. Interagency working group. 
Sec. 189. Developing the capability for rapid biodefense countermeasure devel-
opment. 
TITLE XII—CHEMICAL SECURITY IMPROVEMENT 
Sec. 191. Short title. 
Sec. 192. Definitions. 
Sec. 193. Vulnerability assessments and site security plans. 
Sec. 194. Whistleblower protection. 
Sec. 195. Enforcement. 
Sec. 196. Interagency technical support and cooperation. 
Sec. 197. Penalties. 
Sec. 198. No effect on requirements under other law. 
TITLE XIII—IMPROVING CYBERSECURITY 
Sec. 201. Cybersecurity training programs and equipment. 
Sec. 202. Assistant Secretary for Cybersecurity. 
TITLE XIV—ENABLING COMMUNICATIONS INTEROPERABILITY 
Sec. 211. Short title. 
Sec. 212. Findings; purposes. 
Sec. 213. Establishment of the Office of Wireless Public Safety Interoperable 
Communications. 
Sec. 214. Interoperable communications technology grant program. 
TITLE XV—STRENGTHENING PRIVACY PROTECTIONS WITHIN 
THE DEPARTMENT OF HOMELAND SECURITY
Subtitle A—SHIELD Privacy Act 
Sec. 221. Short title. 
Sec. 222. Findings. 
Sec. 223. Chief Privacy Officer. 
Sec. 224. Privacy policy of departments and independent agencies. 
Sec. 225. Commission on Privacy, Freedom, and Homeland Security. 
Sec. 226. Privacy and Civil Liberties Oversight Board. 
Subtitle B—Civil Rights and Civil Liberties 
Sec. 231. Short title. 
Sec. 232. Mission of Department of Homeland Security. 
Sec. 233. Officer for Civil Rights and Civil Liberties. 
Sec. 234. Protection of civil rights and civil liberties by Office of Inspector Gen-
eral. 
Sec. 235. Privacy officer. 
TITLE XVI—PREVENTING THE RISE OF FUTURE TERRORISTS 
Sec. 241. Role of Pakistan in countering terrorism. 
Sec. 242. Aid to Afghanistan. 
Sec. 243. The United States-Saudi Arabia relationship. 
Sec. 244. Efforts to combat Islamic terrorism by engaging in the struggle of 
ideas in the Islamic world. 
Sec. 245. United States policy toward dictatorships. 
Sec. 246. Promotion of United States values through broadcast media. 
Sec. 247. Use of United States scholarship and exchange programs in the Is-
lamic world. 
Sec. 248. International Youth Opportunity Fund. 
Sec. 249. Report on the use of economic policies to combat terrorism. 
Sec. 250. Middle East Partnership Initiative. 
Sec. 251. Comprehensive coalition strategy for fighting terrorism.
TITLE I—INCREASING SPECIAL 
FORCES 
SEC. 2. INCREASE IN SPECIAL OPERATIONS FORCES AS-
SIGNED TO SPECIAL OPERATIONS COMMAND. 
By the end of fiscal year 2014, the number of special 
operations forces in the Armed Forces shall be increased 
by 50,000, which represents a 50-percent increase over the 
number of special operations forces in effect on September 
30, 2004. Of the increased number of personnel, half shall 
be active or reserve members who are directly assigned
to the unified combatant command for special operations 
required by section 167 of title 10, United States Code, 
and the other half shall be members of the Marine Corps 
who have completed special operations training. There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 
3. 
ANNUAL 
REPORT 
ON 
SPECIAL 
OPERATIONS 
FORCES RETENTION. 
Section 167 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(l) ANNUAL REPORT
ON SPECIAL OPERATIONS 
FORCES RETENTION.—Not later than March 1 of each 
year, the Secretary of Defense shall submit to Congress 
a report specifying retention levels for members of the 
armed forces serving as special operations forces and con-
taining the strategy of the Department of Defense for im-
proving retention rates, in particular among members who 
have completed between 10 and 14 years of service and 
members with more than 20 years of service.’’. 
SEC. 4. REPORT ON ACTIVE AND RESERVE MIX FOR SPE-
CIAL OPERATIONS FORCES AND SPECIAL 
FORCES TRANSFORMATION. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report containing the recommendations of 
the Secretary regarding—
(1) the appropriate mix of active and reserve 
forces for special operations forces, including civil af-
fairs forces and psychological operations forces, to 
reduce the need for long-term deployments of reserv-
ists; and 
(2) the transformation of the special operations 
forces to develop a more ethnically diverse intel-
ligence cadre capable of locating and infiltrating so-
phisticated terrorist networks. 
TITLE II—STRENGTHENING 
COUNTER-PROLIFERATION 
SEC. 
11. 
SENSE 
OF 
CONGRESS 
ON 
COUNTERPROLIFERATION PROGRAMS. 
(a) IN GENERAL.—It is the sense of Congress that 
the United States must strengthen the nonproliferation 
programs of the Department of Energy, expand the Pro-
liferation Security Initiative of the Department of State, 
and support Cooperative Threat Reduction programs of 
the Department of Defense. 
(b) FUNDING.—It is the sense of Congress that the 
United States should increase its spending on the 
counterproliferation programs described in subsection (a) 
such that, as of fiscal year 2010, the aggregate annual
spending 
of 
the 
United 
States 
on 
those 
counterproliferation 
programs 
is 
not 
less 
than 
$3,000,000,000. 
SEC. 12. GLOBAL THREAT REDUCTION INITIATIVE. 
(a) INITIATIVE REQUIRED.—From amounts made 
available to carry out this section, the Secretary of Energy 
shall carry out a program, to be known as the Global 
Threat Reduction Initiative, under which the Secretary 
provides for the securing, removing, or disposing of nu-
clear and radiological materials outside the United States 
that are vulnerable to theft. In carrying out the program, 
the Secretary shall seek to secure, remove, or dispose of 
nuclear and radiological materials at the 24 most vulner-
able reactor sites in foreign countries, as determined by 
the Secretary of State, by 2009. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $4,500,000,000 for each of 
fiscal years 2005 through 2014. 
SEC. 13. COOPERATIVE THREAT REDUCTION INITIATIVE. 
(a) RESOLUTION OF LIABILITY AND ACCESS PROB-
LEMS.—The President shall work to resolve the liability 
and access problems that continue to be roadblocks to the 
Cooperative Threat Reduction programs.
(b) DEFINITION.—In this section, the term ‘‘Cooper-
ative Threat Reduction programs’’ means programs speci-
fied in section 1501(b) of the National Defense Authoriza-
tion Act of Fiscal year 1997 (Public Law 104–201; 110 
Stat. 2731; 50 U.S.C. 2362 note). 
SEC. 14. SENSE OF CONGRESS ON PROLIFERATION SECU-
RITY INITIATIVE. 
It is the sense of Congress that the People’s Republic 
of China should be encouraged to participate in the Pro-
liferation Security Initiative of the Department of State 
in order to assist in efforts to prevent the export of weap-
ons of mass destruction by the Government of North 
Korea. 
SEC. 15. THREAT ASSESSMENTS ON SOURCES OF RADIO-
LOGICAL MATERIALS. 
(a) ASSESSMENTS REQUIRED.—The Secretary of En-
ergy shall carry out threat assessments on the most likely 
sources of radiological material that could be used in mak-
ing a ‘‘dirty bomb’’. 
(b) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the threat assessments carried 
out under subsection (a).
SEC. 16. ELIMINATION OF UNITED STATES CHEMICAL 
STOCKPILE. 
The President shall ensure that the chemical stock-
pile of the United States is eliminated not later than the 
end of 2012. 
TITLE III—IMPROVING THE 
TERRORIST SCREENING CENTER 
SEC. 21. TARGETING TERRORIST TRAVEL. 
(a) CODIFICATION OF THE ESTABLISHMENT OF THE 
TERRORIST SCREENING CENTER.—There is established 
within the Federal Bureau of Investigation the Terrorist 
Screening Center under the direction of the Director of 
the Federal Bureau of Investigation. 
(b) MISSION.—The Terrorist Screening Center 
shall—
(1) establish and operate a single consolidated 
terrorist database consisting of terrorist information 
from all watchlists compiled by the agencies and de-
partments of the United States; 
(2) provide operational support for terrorist 
screeners throughout the United States and around 
the world 24 hours of each day; 
(3) ensure that terrorist screeners use the same 
unified, comprehensive set of anti-terrorist informa-
tion; and
(4) ensure that terrorist screeners have access 
to information and expertise that will permit rapid 
response when a suspected terrorist is screened or 
stopped. 
(c) DEADLINE FOR OPERATION OF DATABASE.—The 
Terrorist Screening Center shall complete and begin oper-
ation of a comprehensive terrorist screening database by 
not later than December 31, 2004. 
(d) ACCESS
TO
DATABASE.—(1) The Terrorist 
Screening Center shall take such steps as are required to 
provide electronic access to the comprehensive terrorist 
screening database as soon as possible. 
(2) The Director of the Federal Bureau of Investiga-
tion shall submit to Congress semiannual reports on the 
progress made to carry out paragraph (1). 
(e) ASSISTANCE FROM NCTC.—The head of the Na-
tional Counterterrorism Center shall expand existing pro-
grams relating to terrorist travel intelligence collection 
and analysis to assist the Terrorist Screening Center. 
(f) TERRORIST SCREENER DEFINED.—In this sec-
tion, the term ‘‘terrorist screener’’ means individuals who 
are investigators, screeners, and agents with an official 
duty related to the identification, tracking, or apprehen-
sion of suspected terrorists, including the following: 
(1) Personnel of the intelligence community.
(2) Federal personnel who screen individuals 
entering the United States. 
(3) Federal, State and local law enforcement 
personnel. 
(4) Federal personnel that consider visa appli-
cations. 
(5) Personnel of authorized private sector oper-
ators of critical infrastructure. 
(6) Authorized personnel of certain foreign gov-
ernments that have entered into immigration agree-
ments with the United States or that are engaged in 
the global war on terrorism as partners of the 
United States. 
(7) Any other individuals whose duties and re-
sponsibilities reasonably require timely access to the 
terrorist screening database, as determined by the 
Director of the Federal Bureau of Investigation. 
TITLE IV—IMPROVING BORDER 
SECURITY 
SEC. 30. SHORT TITLE. 
This title may be cited as the ‘‘Secure Borders Act’’.
Subtitle A—Securing Our Borders 
CHAPTER 1—INFRASTRUCTURE 
ENHANCEMENTS 
SEC. 31. ESTABLISHMENT OF LAND BORDER INFRASTRUC-
TURE 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 ex-
pended, 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 sec-
tion 32, to reduce and prevent the nation’s land border 
vulnerability to terrorist attack, and penetration by terror-
ists and criminals, while effectively facilitating the move-
ment 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 Home-
land Security may carry out infrastructure and technology 
improvement projects recommended in the report sub-
mitted under section 32 in order to reduce the vulner-
ability of ports of entry.
SEC. 32. 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 vulner-
ability of each United States land port of entry to 
penetration by terrorists and criminals or terrorist 
attack. In carrying out assessments under this para-
graph, the Secretary shall categorize the vulner-
ability 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 con-
ducting 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 congres-
sional 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 con-
ducted under paragraph (1); 
(B) with respect to each port of entry cat-
egorized under paragraph (1) as either a
‘‘high’’ or ‘‘medium’’ vulnerability port of entry, 
descriptions of—
(i) infrastructure and technology im-
provement projects required for the port of 
entry in order to reduce its vulnerability; 
(ii) the resources required to make 
such improvements; and 
(C) a description of how the funds will be 
used to implement technology and infrastruc-
ture 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. 
33. 
ENHANCING 
SENTRI, 
FAST, 
AND 
NEXUS 
PREENROLLMENT PROGRAMS. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress 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 pro-
grams allow inspectors to focus more closely on unknown 
travelers by subjecting participants to in depth back-
ground and watch list checks.
(b) PERMANENT AUTHORIZATION.—
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make permanent pre-enrollment pro-
grams that subject participants who are aliens, and 
citizens of the United States, to criminal and watch 
list screenings and fingerprint checks prior to enroll-
ing in order to gain expedited inspections at ports 
of entry. 
(2) SPECIFIC
PROGRAMS.—The programs de-
scribed in paragraph (1) shall include, at a min-
imum, 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’’, pro-
gram 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 PRO-
GRAMS EFFECTIVE.—There are authorized to be appro-
priated such funds as may be necessary to improve infra-
structure to enhance access to pre-enrollment lanes, and 
to accomplish all the other purposes outlined in this sec-
tion, 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
CEN-
TERS.—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 Sec-
retary 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 EN-
FORCEMENT.—The Secretary of Homeland Security annu-
ally shall submit to the appropriate congressional commit-
tees (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 pe-
destrians; 
(2) the cost of upgrade and maintenance needs; 
(3) update on status and expansion of enroll-
ment centers; 
(4) infrastructure needs on the US, Canadian, 
and Mexican sides of the border to enhance the pro-
grams; 
(5) universal access through ports; 
(6) technology and database enhancements to 
link watch lists to the programs; 
(7) the feasibility of incorporating radio fre-
quency 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 per-
formed 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. 
CHAPTER 2—ENHANCING BORDER 
MONITORING TECHNOLOGY 
SEC. 35. 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 com-
prehensive plan to fully deploy technological surveillance 
systems along the U.S.-Mexico border. Surveillance sys-
tems included in the deployment plan must—
(1) ensure continuous monitoring of every mile 
of the U.S.-Mexico border; 
(2) to the extent practicable, be fully interoper-
able 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.
such sums as may be necessary for each succeeding fiscal 
year. 
SEC. 36. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG 
THE U.S.–CANADIAN BORDER. 
Not later than September 30, 2005, the Secretary of 
Homeland Security shall develop a plan to install surveil-
lance 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 de-
signed to implement such plan. 
SEC. 37. LEVEL OF K–9 UNITS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall increase the number of K–9 units working within 
U.S. Customs and Border Protection, including adding in-
frastructure, 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 cur-
rency detection purposes.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
CHAPTER 
3—ENSURING 
SUFFICIENT 
WELL-TRAINED PERSONNEL AT OUR 
BORDERS 
SEC. 41. DOUBLE THE NUMBER OF CBP PERSONNEL. 
(a) TEMPORARY INCREASE IN PERSONNEL.—Pend-
ing congressional consideration of the study described in 
section 42, there are authorized to be appropriated to the 
Secretary of Homeland Security such sums as may be nec-
essary—
(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 per-
sonnel) 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 re-
quirements of subsection (a). 
SEC. 42. ASSESSING STAFFING NEEDS AT OUR BORDERS. 
The Secretary of Homeland Security shall contract 
with an independent entity to undertake a study to deter-
mine the necessary level and allocation of personnel, in-
cluding 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 tech-
nologies, and an analysis of traffic volumes and wait times 
at ports of entry. The study is to be provided to the appro-
priate 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. 43. ADDITIONAL AND CONTINUOUS TRAINING FOR IN-
SPECTORS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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 Home-
land Security ensure that inspectors assigned to the south-
ern border are proficient in Spanish language, and shall 
provide training to inspectors in Spanish and other lan-
guages determined to be necessary in carrying out anti-
terrorism and law enforcement functions. The Secretary 
of Homeland Security shall provide, where necessary, ap-
propriate language training to inspectors and border pa-
trol 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 Secu-
rity Act of 2002 (6 U.S.C. 101)) on how the current De-
partment 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. 44. 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 Commis-
sioner 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 Initia-
tive 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 Secu-
rity, 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 re-
tained with respect to customs, immigration, and ag-
riculture inspection functions under the One Face at 
the Border Initiative; and
(5) reviewing whether the missions of customs, 
agriculture, and immigration are equally empha-
sized. 
(b) ASSESSMENT
OF REPORT.—The Comptroller 
General of the United States shall the review the reports 
submitted under subsection (a) and shall provide an as-
sessment 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. 
CHAPTER 
4—ESTABLISHING 
A 
COM-
PREHENSIVE 
BORDER 
SECURITY 
STRATEGY 
SEC. 51. LAND BORDER SECURITY STRATEGY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, 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 appro-
priate 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, com-
prehensive 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 de-
scribed in subsection (a), the Federal agencies described 
in such subsection shall consult private sector organiza-
tions and nongovernmental organizations with national se-
curity, privacy, agriculture, immigration, customs, trans-
portation, technology, legal, and business expertise. 
(d) IMPLEMENTATION.—The Secretary shall imple-
ment 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 there-
after 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 sub-
section (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 bor-
ders. Each such report shall include a collection and sys-
tematic analysis of data, including workload indicators, re-
lated to activities to improve and increase border security. 
SEC. 52. 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 in-
spectors in secondary inspections. 
SEC. 53. CREATION OF NORTHERN AND SOUTHERN BOR-
DER COORDINATORS. 
(a) IN GENERAL.—Title IV of the Homeland Secu-
rity 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 para-
graph (7) the following: 
‘‘(8) Increasing the security of the United 
States at the ports of entry located along the north-
ern and southern borders, and improving the coordi-
nation among the agencies responsible for maintain-
ing that security.’’; and 
(2) in subtitle C, by adding at the end the fol-
lowing: 
‘‘SEC. 431. BORDER COORDINATORS. 
‘‘(a) IN GENERAL.—There shall be within the Direc-
torate of Border and Transportation Security the posi-
tions of Northern Border Coordinator and Southern Bor-
der 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 Co-
ordinator and the Southern Border Coordinator shall un-
dertake the following responsibilities along the northern 
and southern borders, respectively—
‘‘(1) serve as the primary official of the Depart-
ment responsible for coordinating all Federal secu-
rity activities along the border, especially at land 
border ports of entry;
‘‘(2) provide enhanced communication and 
data-sharing between Federal, State, local, and trib-
al agencies on law enforcement, emergency response, 
or security-related responsibilities for areas on or ad-
jacent to the borders of the United States with Can-
ada or Mexico; 
‘‘(3) work to improve the communications sys-
tems within the Department to facilitate the integra-
tion of communications of matters relating to border 
security; 
‘‘(4) oversee the implementation of the perti-
nent bilateral agreement (the United States-Canada 
‘Smart Border’ Declaration applicable to the north-
ern border and the United States-Mexico Partner-
ship Agreement applicable to the southern border) to 
improve border functions, ensure security, and pro-
mote 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 Sec-
retary based on the ability of a project to fulfill im-
mediate 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. 54. SMART BORDER ACCORD IMPLEMENTATION. 
The President shall submit to the appropriate con-
gressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) informa-
tion about the ongoing progress on implementation of the 
Smart Border Accords through quarterly updates on meet-
ings of the Smart Border Working Group. 
SEC. 55. SENSE OF CONGRESS ON THE PERIOD OF ADMIS-
SION FOR BORDER CROSSING CARD HOLD-
ERS. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that citizens and nationals of Mexico should be treat-
ed with parity in relation to citizens and nationals of Can-
ada in establishing the periods of time they are lawfully 
permitted to remain in the United States. 
(b) MODIFICATION
TO DOCUMENTARY REQUIRE-
MENTS.—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. 
CHAPTER 5—ENHANCING BORDER 
SECURITY PROGRAMS 
SEC. 61. CREATING A MORE EFFECTIVE ENTRY-EXIT SYS-
TEM. 
(a) CREATION
OF
A US–VISIT OUTREACH OF-
FICE.—
(1) IN GENERAL.—The Secretary of Homeland 
Security shall create an ‘‘Office of US–VISIT Out-
reach’’ that will inform on a regular basis local bor-
der officials, residents, and businesses about develop-
ments in the US–VISIT program. Specifically, this 
office shall provide information to local border offi-
cials, 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 estab-
lished under section 3 of the Immigration and Natu-
ralization 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, 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. 
62. 
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. 63. 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. 64. 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. 
CHAPTER 6—SECURING OUR TRIBAL AND 
FEDERAL LANDS AND TERRITORIES 
SEC. 65. 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. 66. 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. 67. 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 51 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). 
Subtitle B—Securing Identification 
Documents 
SEC. 71. 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 
driver’s 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. 72. 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. 
Subtitle C—Securing the Interior; 
Tools for Border Security 
CHAPTER 1—INCREASE IN STAFF FOR ICE 
SEC. 81. 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. 82. 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. 
CHAPTER 2—INCREASE IN DETENTION 
SPACE 
SEC. 85. 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. 86. 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. 87. 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.
CHAPTER 3—ENHANCING LAW 
ENFORCEMENT ACCESS TO INFORMANTS 
SEC. 91. 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. 92. 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.’’.
CHAPTER 4—INCREASED PENALTIES FOR 
SMUGGLING 
SEC. 95. 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. 96. 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. 97. 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. 
Subtitle D—Beyond Our Borders 
(International) 
CHAPTER 1—COORDINATING DHS 
MISSION OVERSEAS 
SEC. 101. 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. 102. 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.’’.
CHAPTER 2—IMPLEMENTING A MORE 
EFFECTIVE VISA SECURITY PROGRAM 
SEC. 105. IMPLEMENTING A MORE EFFECTIVE VISA SECU-
RITY PROGRAM. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Home-
land 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 im-
plementing each of the recommendations described 
in paragraph (1); and 
(3) examining the visa security program’s effec-
tiveness as a counter-terrorism program. 
(b) CONSULTATION.—In preparing the report de-
scribed in subsection (a), the Secretary of Homeland Secu-
rity shall consult with the Secretary of State. 
(c) CONTENTS.—The report shall also include the fol-
lowing:
(1) OVERSEAS PLACEMENT OF VISA SECURITY 
OFFICERS.—The report shall assess the criteria used 
in deciding where to station or not to station visa se-
curity officers 
(2) QUALIFICATIONS OF VISA SECURITY OFFI-
CERS.—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 sta-
tioned 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. 
CHAPTER 3—SECURING THE VISA WAIVER 
PROGRAM 
SEC. 106. VISA WAIVER PROGRAM PASSENGER SCREENING; 
BIOGRAPHICAL CHECKS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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 fol-
lowing requirements: 
(1) ELECTRONIC
DETERMINATION
OF
ELIGI-
BILITY.—The system shall include a method for an 
electronic determination to be made, and an elec-
tronic 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 admit-
ted to the United States as a nonimmigrant visitor 
described in section 101(a)(15)(B) of the Immigra-
tion 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 de-
scribed 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 with-
out a visa, whether the alien has been deter-
mined, using the system described in this sec-
tion, 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 de-
ployed as soon as possible after the date of the en-
actment 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 en-
sure 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 se-
curity issues. 
SEC. 107. DEFINING SECURITY RESPONSIBILITIES OF THE 
VISA WAIVER PROGRAM OFFICE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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 re-
port required under section 110(e) of the Illegal Im-
migration 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 coun-
tries under section 217 of the Immigration and Na-
tionality Act (8 U.S.C. 1187) against entry and exit 
data in information systems of the United States. 
(5) Developing procedures to collect and ana-
lyze data concerning the fraudulent use of visa waiv-
er 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 sys-
temic 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. 108. ADDITIONAL AND CONTINUOUS TRAINING FOR 
INSPECTORS IN FRAUD AND IMPOSTER DE-
TECTION. 
(a) FRAUD DETECTION.—The Secretary of Home-
land Security shall provide inspectors conducting inspec-
tions of aliens entering the United States pursuant to the 
visa waiver program described in section 217 of the Immi-
gration and Nationality Act (8 U.S.C. 1187) with en-
hanced 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 pass-
ports. The Secretary shall report to the appropriate con-
gressional 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 Home-
land Security shall provide inspectors described in sub-
section (a) with foreign language training in languages de-
termined to be necessary to carrying out the anti-ter-
rorism 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 doc-
uments 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 de-
termining the validity of the scanned document. 
SEC. 109. AUTHORIZATION OF FUNDS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the functions described 
in this subchapter. 
Subtitle E—Securing the 
Immigration Benefits Process 
SEC. 111. IMMIGRATION OMBUDSMAN. 
(a) EXTENSION OF AUTHORITY TO ALL IMMIGRA-
TION 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 ‘‘Immigra-
tion’’; 
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’ 
and inserting ‘‘U.S. Citizenship and Immigra-
tion Services, U.S. Immigration and Customs 
Enforcement, or U.S. Customs and Border Pro-
tection’’; and 
(B) in each of paragraphs (2) and (3), by 
striking ‘‘the Bureau of Citizenship and Immi-
gration Services’’ each place such term appears 
and inserting ‘‘such entities’’; 
(3) in subsection (c)—
(A) in paragraph (1), by striking ‘‘the Bu-
reau 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. Citi-
zenship and Immigration Services, Assistant 
Secretary for U.S. Immigration and Customs 
Enforcement, U.S. Customs and Border Protec-
tion Commissioner’’; 
(4) in subsection (d)—
(A) in paragraph (2), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’
and inserting ‘‘the entities described in sub-
section (b)’’; and 
(B) in paragraph (4), by striking ‘‘Director 
of the Bureau of Citizenship and Immigration 
Services,’’ and inserting ‘‘Director of U.S. Citi-
zenship 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 Bu-
reau 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 in-
serting ‘‘Director of U.S. Citizenship and Immi-
gration Services, Assistant Secretary for U.S. 
Immigration and Customs Enforcement, and 
the U.S. Customs and Border Protection Com-
missioner’’; 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 de-
scribed in subsection (b)’’. 
(b) PUBLIC INFORMATION CAMPAIGN; PRIVATE SEC-
TOR INPUT.—
(1) IN GENERAL.—Section 452(d) of the Home-
land 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 pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(5) shall launch a public information cam-
paign; 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 amend-
ments made by paragraph (1).
(c) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 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 sub-
paragraph (I); and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) shall state the percentage of com-
plaints 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. 112. 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 Comp-
troller 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 obsta-
cles associated with security matters should be identified 
and recommendations should be made on ways to mini-
mize such obstacles without compromising security. The 
Comptroller General should assess the division of work, 
adequacy of infrastructure (particularly information tech-
nology), as well as personnel needs. 
(c) INTERACTIONS WITH OTHER ORGANIZATIONS.—
As part of the study, the Comptroller General shall exam-
ine the unit’s interactions with other government organi-
zations. Specifically, the Comptroller General shall deter-
mine whether existing memoranda of understanding and 
divisions of responsibility, especially any which pre-date 
the establishment of the Department of Homeland Secu-
rity, 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 main-
taining the backlog (as defined in section 203 of the Immi-
gration 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 coordi-
nated with the Chief Information Officer for the Depart-
ment of Homeland Security and should build on the find-
ings of the task force established by section 3 of the Immi-
gration and Naturalization Service Data Management Im-
provement 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 re-
source allocation. 
SEC. 113. STUDY ON BIOMETRICS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Director of the National In-
stitute 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 deter-
mine which among these identifiers would be most appro-
priate 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 Sec-
retary shall consider the use of a biometric identifier—
(1) to register or catalogue a petition or appli-
cation 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 Im-
migration 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 fol-
lowing factors in making the determination under sub-
section (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 Secu-
rity Act of 2002 (6 U.S.C. 101)). 
SEC. 114. DIGITIZING IMMIGRATION FUNCTIONS. 
(a) DIGITIZED FINGERPRINTS.—Not later than Jan-
uary 1, 2005, all fingerprints taken for purposes of adjudi-
cating an application or petition for an immigration ben-
efit shall be digitized. 
(b) REGISTERING APPLICATIONS BY BIOMETRIC.—
Not later than January 1, 2005, all applications and peti-
tions for an immigration benefit shall be registered or 
catalogued by the receiving agency using a biometric iden-
tifier. Initially, such biometric identifier shall be a finger-
print. 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, eco-
nomic considerations, and storage requirements. 
SEC. 115. 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 peti-
tioner, 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)). 
TITLE V—STRENGTHENING RAIL 
SECURITY 
SEC. 121. PUBLIC TRANSPORTATION SYSTEM GRANTS AND 
TRAINING. 
(a) HOMELAND SECURITY PUBLIC TRANSPORTATION 
GRANTS.—
(1) AUTHORIZATION.—The Secretary of Home-
land Security is authorized to make grants for the 
purpose of improving the security of public transpor-
tation systems against acts of terrorism. The grant 
program shall be administered by the Under Sec-
retary for Border and Transportation Security—
(A) in consultation with the Director of the 
Office of Domestic Preparedness, to ensure that 
the program is consistent with other Depart-
ment of Homeland Security grant programs; 
(B) with the Assistant Secretary for Infra-
structure Protection to ensure that grant 
awards are consistent with critical infrastruc-
ture risk assessments and protective priorities 
as they relate to public transportation; and 
(C) with the Under Secretary for Science 
and Technology to ensure that technology as-
pects of grant proposals are feasible and gen-
erally consistent with existing technologies and 
standards. 
(2) CONSIDERATIONS.—Among the consider-
ations on which grants shall be awarded are the fol-
lowing: 
(A) Risk of terrorism, including threat as-
sessment, vulnerabilities of public transpor-
tation systems, potential effects of acts of ter-
rorism against public transportation systems, 
and past acts of terrorism against modes of 
transportation.
(B) Merits of the proposed projects to in-
crease national security, based on a consider-
ation of—
(i) threats; 
(ii) vulnerabilities; 
(iii) consequences, including human 
casualties and economic impacts; 
(iv) consequence management; 
(v) the likelihood that such projects 
would have been pursued in the normal 
course of business and in the absence of 
national security considerations; and 
(vi) feasibility, based on the technical 
and operational merits of the projects. 
(3) ALLOWABLE USE OF FUNDS.—Grants made 
under this subsection shall be used for the purposes 
of—
(A) support for increased capital invest-
ments in cameras, close-circuit television, and 
other surveillance systems; 
(B) increased capital investment in com-
mand, control, and communications systems, in-
cluding investments for redundancy and inter-
operability and for improved situational aware-
ness, such as emergency call boxes and vehicle 
locator systems; 
(C) increased training, including for car-
rying out exercises under subsection (b), and 
technical support for public transportation em-
ployees, especially for security awareness, pre-
vention, emergency response, including evacu-
ation, and decontamination; 
(D) expanded deployment of equipment 
and other measures, including canine detection 
teams, for the detection of explosives and chem-
ical, biological, radiological, and nuclear agents; 
(E) capital improvements and operating 
activities, including personnel expenditures, to 
increase the physical security of stations, vehi-
cles, bridges, and tunnels; 
(F) capital improvements and operating 
activities to improve passenger survivability in 
the event of an attack, including improvements 
in ventilation, drainage, fire safety technology, 
emergency communications systems, lighting 
systems, passenger egress, and accessibility by 
emergency response personnel;
(G) acquisition of emergency response and 
support equipment, including fire suppression 
and decontamination equipment; and 
(H) expansion of employee education and 
public awareness campaigns regarding security 
on public transportation systems. 
(4) ELIGIBLE
RECIPIENTS.—Grants shall be 
made available under this subsection directly to own-
ers, operators, and providers of public transportation 
systems. Owners, operators, and providers of infra-
structure over which public transportation operates, 
but which is not primarily used for public transpor-
tation, may also be eligible for grants at the discre-
tion of the Secretary. 
(5) ACCOUNTABILITY.—The Secretary shall 
adopt necessary procedures, including audits, to en-
sure that grants made under this subsection are ex-
pended in accordance with the purposes of this sec-
tion and the priorities and other criteria developed 
by the Secretary. If the Secretary determines that a 
recipient has used any portion of the grant funds re-
ceived under this subsection for a purpose other 
than the allowable uses specified for that grant 
under this subsection, the grantee shall return any
amount so used to the Treasury of the United 
States. 
(6) PROCEDURES
FOR
GRANT
AWARD.—The 
Secretary shall prescribe procedures and schedules 
for the awarding of grants under this subsection, in-
cluding application and qualification procedures, and 
a record of decision on applicant eligibility. The Sec-
retary shall issue a final rule establishing the proce-
dures not later than 90 days after the date of enact-
ment of this Act. 
(7) COST
SHARE.—Grants made under this 
subsection shall account for no more than—
(A) 85 percent for fiscal year 2005; 
(B) 80 percent for fiscal year 2006; and 
(C) 75 percent for fiscal year 2007, 
of the expense of the purposes for which the grants 
are used. 
(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary to carry out the purposes of this subsection—
(A) $1,200,000,000 for fiscal year 2005; 
(B) $900,000,000 for fiscal year 2006; and 
(C) $700,000,000 for fiscal year 2007. 
Amounts appropriated pursuant to this paragraph 
shall remain available until expended.
(3) CONSULTATION; USE
OF
EXISTING
RE-
SOURCES.—In developing the plan under this sub-
section, the Secretary shall be responsible for con-
sulting with and collecting input from owners, opera-
tors, and providers of public transportation systems, 
public transportation employee representatives, first 
responders, industry associations, private sector ex-
perts, academic experts, and appropriate Federal, 
State, and local officials. 
(4) FORMAT.—The Secretary may submit the 
report in both classified and unclassified formats if 
the Secretary considers that such action is appro-
priate or necessary. 
(5) 2-YEAR UPDATES.—The Secretary, in con-
sultation with the Secretary of Transportation, shall 
update the plan every 2 years, as necessary, and 
transmit such updated report to Congress. 
(d) DEFINITION.—For the purposes of this section— 
(1) the term ‘‘public transportation employees’’ 
means security personnel, dispatchers, vehicle and 
vessel operators, other onboard employees, mainte-
nance and support personnel, and other appropriate 
employees of owners, operators, and providers of 
public transportation systems; and
(2) the term ‘‘public transportation systems’’ 
means passenger, commuter, and light rail, including 
Amtrak and subways, buses, commuter ferries, and 
other modes of public transit. 
SEC. 123. MEMORANDUM OF AGREEMENT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security and the Secretary of Transportation shall execute 
a Memorandum of Agreement governing the roles and re-
sponsibilities of the Department of Homeland Security 
and the Department of Transportation, respectively, in ad-
dressing security matters for public transportation sys-
tems, including the process the departments will follow to 
promote communications, efficiency, and nonduplication of 
effort. Such Memorandum of Agreement shall also estab-
lish a formal mechanism to ensure coordination and the 
timely sharing of expertise and information between the 
Department of Homeland Security and the Department 
of Transportation, as appropriate, in public transportation 
security. 
(b) DEFINITION.—For the purposes of this section 
the term ‘‘public transportation systems’’ means pas-
senger, commuter, and light rail, including Amtrak and 
subways, buses, commuter ferries, and other modes of 
public transit.
TITLE VI—STRENGTHENING 
PORT SECURITY 
SEC. 130. SHORT TITLE. 
This title may be cited as the ‘‘Secure Containers 
from Overseas and Seaports from Terrorism Act’’ or the 
‘‘Secure COAST Act’’. 
Subtitle A—Bureau of Customs and 
Border Protection Security Pro-
grams 
SEC. 131. AMENDMENTS TO THE HOMELAND SECURITY ACT 
OF 2002. 
(a) IN GENERAL.—Title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 201 et seq.) is amended by 
adding at the end the following new subtitle: 
‘‘Subtitle G—Bureau of Customs 
and Border Protection Security 
Programs 
‘‘SEC. 481. STANDARDS AND VERIFICATION PROCEDURES 
FOR THE SECURITY OF MARITIME CARGO 
CONTAINERS. 
‘‘(a) 
STANDARDS
AND
VERIFICATION
PROCE-
DURES.—Not later than 180 days after the date of the 
enactment of the Secure COAST Act, the Secretary, act-
ing through the Under Secretary for Border and Trans-
portation 
Security, 
shall 
establish 
standards 
and
verification procedures for the security of maritime 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 Operation Safe Commerce, the inter-
agency Container Working Group, and the Smart and Se-
cure Trade Lane program and shall meet the following 
additional requirements: 
‘‘(1) SEAL STANDARDS.—Maritime 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 maritime cargo containers, recording of seal 
numbers, changes to such numbers if a container is 
opened, and anomalies relating to security seals.
103
‘‘(2) BUREAU OF CUSTOMS AND BORDER PRO-
TECTION OR BUREAU.—The term ‘Bureau of Cus-
toms and Border Protection’ or ‘Bureau’ means the 
Bureau of Customs and Border Protection of the 
Department. 
‘‘(3) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of the Bureau of 
Customs and Border Protection. 
‘‘(4) CONTAINER
SECURITY
INITIATIVE
OR 
CSI.—The term ‘Container Security Initiative’ or 
‘CSI’ means the program carried out by the Bureau 
of Customs and Border Protection under which Bu-
reau personnel are deployed to major seaports out-
side the United States to work with their host coun-
try counterparts to—
‘‘(A) establish security criteria to identify 
high-risk maritime cargo containers bound for 
the United States based on advance informa-
tion; 
‘‘(B) identify and pre-screen such maritime 
cargo containers for chemical, biological, or nu-
clear weapons through examination or inspec-
tion; and 
‘‘(C) develop secure or ‘smart’ maritime 
cargo containers.
110
SEC. 152. CHECKED BAGGAGE SECURITY SCREENING. 
(a) IN GENERAL.—Subchapter I of chapter 449 of 
title 49 United States Code, is amended by adding at the 
end the following: 
‘‘§ 44925. Authority to enter into multi-year contracts 
for the provision of electronic explosive 
detection system images for checked bag-
gage and related items 
‘‘(a) GENERAL AUTHORITY.—Not later than 60 days 
after the date of enactment of this section, the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration) shall establish a program to enter into 
multi-year contracts of not more than 10 years with air-
port operators or other non-Federal entities to provide 
electronic explosive detection system images of checked 
baggage for screening purposes. 
‘‘(b) REQUIRED FINDINGS.—The Assistant Secretary 
may enter into a contract for the provision of images 
under this section at an airport only if the Assistant Sec-
retary finds that the average annual cost of the contract 
is less than the total estimated average annual cost for 
the Transportation Security Administration to acquire 
such images through the operation of stand alone explosive 
detection systems at that airport. 
‘‘(c) ENDING CONTRACT.—A contract made under 
this section shall be contingent on the availability of an-