I 
108TH CONGRESS 
2D SESSION 
H. R. 5130 
To secure the borders of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2004 
Mr. TURNER of Texas (for himself, Mr. REYES, Ms. SLAUGHTER, Mr. 
LAMPSON, Mr. SANDLIN, Mrs. DAVIS of California, Mr. RODRIGUEZ, Mr. 
ORTIZ, Mr. BELL, Mr. GONZALEZ, Mr. HINOJOSA, Mr. DICKS, Ms. 
MCCARTHY of Missouri, Ms. NORTON, Ms. JACKSON-LEE of Texas, Mr. 
PASCRELL, Mrs. CHRISTENSEN, Mr. LANGEVIN, Mr. FROST, and Mr. 
GREEN of Texas) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Trans-
portation and Infrastructure, Ways and Means, and Select Homeland Se-
curity, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To secure the borders of the United States, and for other 
purposes. 
Be it enacted by the Senate and House of 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 
‘‘Secure Borders Act’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SECURING OUR BORDERS 
Subtitle A—Infrastructure enhancements 
Sec. 101. Establishment of Land Border Infrastructure Improvement Fund. 
Sec. 102. Requiring a vulnerability assessment of land ports of entry. 
Sec. 103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs. 
Subtitle B—Enhancing border monitoring technology 
Sec. 111. Deployment of surveillance systems along the U.S.-Mexico border. 
Sec. 112. Deployment of surveillance systems along the US–Canadian border. 
Sec. 113. Level of K–9 units. 
Sec. 114. Deployment of radiation portal monitors on the southern border. 
Subtitle C—Ensuring sufficient well-trained personnel at our borders 
Sec. 121. Double the number of CBP personnel. 
Sec. 122. Assessing staffing needs at our borders. 
Sec. 123. Additional and continuous training for inspectors. 
Sec. 124. Requiring report on the ‘‘One Face at the Border Initiative’’. 
Subtitle D—Establishing a comprehensive border security strategy 
Sec. 131. Land border security strategy. 
Sec. 132. Improved Information Sharing. 
Sec. 133. Creation of northern and southern border coordinators. 
Sec. 134. Smart Border Accord implementation. 
Sec. 135. Sense of Congress on the period of admission for border crossing card 
holders. 
Subtitle E—Enhancing border security programs 
Sec. 141. Creating a more effective entry-exit system. 
Sec. 142. Transportation worker identification card. 
Sec. 143. Standards and verification procedures for the security of intermodal 
cargo containers. 
Sec. 144. Sense of Congress on the need for additional staff for the United 
States Consulate-General in Mexico. 
Subtitle F—Securing our tribal and Federal lands and territories 
Sec. 151. Office of Tribal Security. 
Sec. 152. Transfer of ‘‘Shadow Wolves’’ from CPB to ICE. 
Sec. 153. DHS and DOI coordination on border security; provision of tem-
porary authority to DHS to transfer funds. 
TITLE II—SECURING IDENTIFICATION DOCUMENTS 
Sec. 201. State identification document standards. 
Sec. 202. Training in fraud detection and prevention for officers in divisions of 
motor vehicles.
TITLE III—SECURING THE INTERIOR; TOOLS FOR BORDER 
SECURITY 
Subtitle A—Increase in staff for ICE 
Sec. 301. Personnel increase. 
Sec. 302. ICE strategy and staffing assessment. 
Subtitle B—Increase in detention space 
Sec. 311. Increase in detention space. 
Sec. 312. Sense of Congress regarding processing of criminal aliens while incar-
cerated. 
Sec. 313. Sense of Congress regarding increase in prosecutors and immigration 
judges. 
Subtitle D—Enhancing Law Enforcement Access to Informants 
Sec. 351. New class of nonimmigrant aliens. 
Sec. 352. Adjustment of status of nonimmigrant to that of person admitted for 
permanent residence. 
Subtitle E—Increased penalties for smuggling 
Sec. 361. Combating aggravated alien smuggling. 
Sec. 362. Increased criminal sentences and fines for alien smuggling. 
Sec. 363. Increased penalty for smuggling. 
TITLE IV—BEYOND OUR BORDERS (INTERNATIONAL) 
Subtitle A—Coordinating DHS mission overseas 
Sec. 401. Office of International Affairs; effective and efficient management 
and coordination of international assignments. 
Sec. 402. Creation of an Office of Overseas Service. 
Subtitle B—Implementing a more effective visa security program 
Sec. 411. Implementing a more effective visa security program. 
Subtitle C—Securing the visa waiver program 
Sec. 421. Visa waiver program passenger screening; biographical checks. 
Sec. 422. Defining security responsibilities of the Visa Waiver Program Office. 
Sec. 423. Additional and continuous training for inspectors in fraud and im-
poster detection. 
Sec. 424. Authorization of funds. 
TITLE V—SECURING THE IMMIGRATION BENEFITS PROCESS 
Sec. 501. Immigration ombudsman. 
Sec. 502. CIS workflow, technology, and staffing assessment. 
Sec. 503. Study on biometrics. 
Sec. 504. Digitizing immigration functions. 
Sec. 505. Study on digitizing immigration benefit applications.
TITLE I—SECURING OUR 
BORDERS 
Subtitle A—Infrastructure 
Enhancements 
SEC. 101. ESTABLISHMENT OF LAND BORDER 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 102, 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 102 in order to reduce the vulner-
ability of ports of entry. 
SEC. 102. REQUIRING A VULNERABILITY ASSESSMENT OF 
LAND PORTS OF ENTRY. 
(a) INITIAL ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall conduct an assessment of the 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; 
and 
(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. 
103. 
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.
Subtitle B—Enhancing Border 
Monitoring Technology 
SEC. 
111. 
DEPLOYMENT 
OF 
SURVEILLANCE 
SYSTEMS 
ALONG THE U.S.-MEXICO BORDER. 
(a) PLAN.—Not later than September 30, 2005, the 
Secretary of Homeland Security shall develop a 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; and 
(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. 
(7) A description of how radiation portal mon-
itors will be deployed to ports of entry along the 
U.S.-Mexico border, and other border locations, con-
sistent with section 114. 
(8) A description of how K–9 detection units 
will be increased along the U.S.-Mexico border, con-
sistent with section 113. 
(9) A description of how surveillance technology 
will provide for continuous monitoring of the border. 
(10) The identification of any obstacles that 
may impede full implementation of the deployment 
plan. 
(11) A detailed estimate of all costs associated 
with the implementation of the deployment plan.
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. 
SEC. 114. DEPLOYMENT OF RADIATION PORTAL MONITORS 
ON THE SOUTHERN BORDER . 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall ensure radiation portal monitors are installed at 
all southern border ports of entry not later than Sep-
tember 30, 2005. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $49,000,000 to carry 
out this section.
Subtitle 
C—Ensuring 
Sufficient 
Well-trained Personnel at Our 
Borders 
SEC. 121. DOUBLE THE NUMBER OF CBP PERSONNEL. 
(a) TEMPORARY INCREASE IN PERSONNEL.—Pend-
ing congressional consideration of the study described in 
section 122, there are authorized to be appropriated to 
the Secretary of Homeland Security such sums as may 
be necessary— 
(1) to double, as compared to the number of 
such positions which existed at the end of fiscal year 
2004, the number of positions for U.S. Customs and 
Border Protection personnel (including support 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. 122. 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. 123. ADDITIONAL AND CONTINUOUS TRAINING FOR 
INSPECTORS. 
(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. 124. REQUIRING REPORT ON THE ‘‘ONE FACE AT THE 
BORDER INITIATIVE’’. 
(a) IN GENERAL.—Not later than September 30 of 
each of the calendar years 2005 and 2006, the 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. 
Subtitle D—Establishing a Com-
prehensive 
Border 
Security 
Strategy 
SEC. 131. 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: