rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the
bond is a currently valid instrument showing the au-
thority of the bonding agent of the surety company
to execute the bond.’’.
(3) EXPIRATION.—A delivery bond undertaking
shall expire at the earliest of—
(A) 1 year from the date of issue;
(B) at the cancellation of the bond or sur-
render of the principal; or
(C) immediately upon nonpayment of the
renewal premium.
(4) RENEWAL.—Delivery bonds may be re-
newed annually, with payment of proper premium to
the surety, if there has been no breach of conditions,
default, claim, or forfeiture of the bond. Notwith-
standing any renewal, when the alien is surrendered
to the Secretary of Homeland Security for removal,
the Secretary shall cause the bond to be canceled.
(5) CANCELLATION.—Delivery bonds shall be
canceled and the surety exonerated—
(A) for nonrenewal after the alien has been
surrendered to the Department of Homeland
Security for removal;
(B) if the surety or bonding agent provides
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond;
(C) upon the death or incarceration of the
principal, or the inability of the surety to
produce the principal for medical reasons;
(D) if the principal is detained by any law
enforcement agency of any State, county, city,
or any politial subdivision thereof;
(E) if it can be established that the alien
departed the United States of America for any
reason without permission of the Secretary of
Homeland Security, the surety, or the bonding
agent;
(F) if the foreign state of which the prin-
cipal is a national is designated pursuant to
section 244 of the Act (8 U.S.C. 1254a) after
the bond is posted; or
(G) if the principal is surrendered to the
Department of Homeland Security, removal by
the surety or the bonding agent.
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE
OF BOND PREMIUM.—
(A) SURRENDER.—At any time, before a
breach of any of the bond conditions, if in the
opinion of the surety or bonding agent, the
principal becomes a flight risk, the principal
may be surrendered to the Department of
Homeland Security for removal.
(B) FORFEITURE OF BOND PREMIUM.—A
principal may be surrendered without the re-
turn of any bond premium if the principal—
(i) changes address without notifying
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing
prior to such change;
(ii) hides or is concealed from a sur-
ety, a bonding agent, or the Secretary;
(iii) fails to report to the Secretary as
required at least annually; or
(iv) violates the contract with the
bonding agent or surety, commits any act
that may lead to a breach of the bond, or
otherwise violates any other obligation or
condition of the bond established by the
Secretary.
(7) CERTIFIED
COPY
OF
BOND
AND
ARREST
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A bonding agent or
surety desiring to surrender the principal—
(i) shall have the right to petition the
Secretary of Homeland Security or any
Federal court, without having to pay any
fees or court costs, for an arrest warrant
for the arrest of the principal;
(ii) shall forthwith be provided 2 cer-
tified copies each of the arrest warrant and
the bond undertaking, without having to
pay any fees or courts costs; and
(iii) shall have the right to pursue, ap-
prehend, detain, and surrender the prin-
cipal, together with certified copies of the
arrest warrant and the bond undertaking,
to any Department of Homeland Security
detention official or Department detention
facility or any detention facility authorized
to hold Federal detainees.
(B) EFFECTS OF DELIVERY.—Upon sur-
render of a principal under subparagraph
(A)(iii)—
(i) the official to whom the principal
is surrendered shall detain the principal in
custody and issue a written certificate of
surrender; and
(ii) the Secretary of Homeland Secu-
rity shall immediately exonerate the surety
from any further liability on the bond.
(8) FORM OF BOND.—Delivery bonds shall in
all cases state the following and be secured by a cor-
porate surety that is certified as an acceptable sur-
ety on Federal bonds and whose name appears on
the current Treasury Department Circular 570:
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the delivery bond, or the principal
is or becomes subject to a final administra-
tive order of deportation or removal, the
Secretary of Homeland Security shall—
‘‘(I) immediately issue a warrant
for the principal’s arrest and enter
that arrest warrant into the National
Crime Information Center (NCIC)
computerized information database;
‘‘(II) order the bonding agent
and surety to take the principal into
custody and surrender the principal to
any one of 10 designated Department
of Homeland Security ‘turn-in’ cen-
ters located nationwide in the areas of
greatest need, at any time of day dur-
ing 15 months after mailing the ar-
rest warrant and the order to the
bonding agent and the surety as re-
quired by subclause (III), and imme-
diately enter that order into the Na-
tional 
Crime 
Information 
Center
(NCIC) 
computerized 
information
database; and
‘‘(III) mail 2 certified copies each
of the arrest warrant issued pursuant
to subclause (I) and 2 certified copies
each of the order issued pursuant to
subclause (II) to only the bonding
agent and surety via certified mail re-
turn receipt to their last known ad-
dresses.
‘‘(ii) Bonding agents and sureties
shall immediately notify the Secretary of
Homeland Security of their changes of ad-
dress and/or telephone numbers.
‘‘(iii) The Secretary of Homeland Se-
curity shall establish, disseminate to bond-
ing agents and sureties, and maintain on a
current basis a secure nationwide toll-free
list of telephone numbers of Department of
Homeland Security officials, including the
names of such officials, that bonding
agents, sureties, and their employees may
immediately contact at any time to discuss
and resolve any issue regarding any prin-
cipal or bond, to be known as ‘Points of
Contact’.
‘‘(iv) A bonding agent or surety shall
have full and complete access, free of
charge, to any and all information, elec-
tronic or otherwise, in the care, custody,
and control of the United States Govern-
ment or any State or local government or
any subsidiary or police agency thereof re-
garding the principal that may be helpful
in complying with section 105 of the
REAL ID Act of 2005 that the Secretary
of Homeland Security, by regulations sub-
ject to approval by Congress, determines
may be helpful in locating or surrendering
the principal. Beyond the principal, a
bonding agent or surety shall not be re-
quired to disclose any information, includ-
ing but not limited to the arrest warrant
and order, received from any governmental
source, any person, firm, corporation, or
other entity.
‘‘(v) If the principal is later arrested,
detained, or otherwise located outside the
United States and the outlying possessions
of the United States (as defined in section
101(a) of the Immigration and Nationality
Act), the Secretary of Homeland Security
shall—
‘‘(I) immediately order that the
surety is completely exonerated, and
the bond canceled; and
‘‘(II) if the Secretary of Home-
land Security has issued an order
under clause (i), the surety may re-
quest, by written, properly filed mo-
tion, reinstatement of the bond. This
subclause may not be construed to
prevent the Secretary of Homeland
Security from revoking or resetting a
bond at a higher amount.
‘‘(vi) The bonding agent or surety
must—
‘‘(I) during the 15 months after
the date the arrest warrant and order
were 
mailed 
pursuant 
to 
clause
(i)(III) surrender the principal one
time; or
‘‘(II)(aa) provide reasonable evi-
dence that producing the principal
was prevented—
‘‘(aaa) by the principal’s ill-
ness or death;
‘‘(bbb) because the principal
is detained in custody in any city,
State, country, or any political
subdivision thereof;
‘‘(ccc) because the principal
has left the United States or its
outlying possessions (as defined
in section 101(a) of the Immigra-
tion and Nationality Act (8
U.S.C. 1101(a)); or
‘‘(ddd) because required no-
tice was not given to the bonding
agent or surety; and
‘‘(bb) establish by affidavit that
the inability to produce the principal
was not with the consent or conniv-
ance of the bonding agent or surety.
‘‘(vii) If compliance occurs more than
15 months but no more than 18 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 25 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
‘‘(viii) If compliance occurs more than
18 months but no more than 21 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 50 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
‘‘(ix) If compliance occurs more than
21 months but no more than 24 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 75 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
‘‘(x) If compliance occurs 24 months
or more after the mailing of the arrest
warrant and order to the bonding agent
and the surety required under clause
(i)(III), an amount equal to 100 percent of
the face amount of the bond shall be as-
sessed as a penalty against the surety.
‘‘(xi) If any surety surrenders any
principal to the Secretary of Homeland Se-
curity at any time and place after the pe-
riod for compliance has passed, the Sec-
retary of Homeland Security shall cause to
be issued to that surety an amount equal
to 50 percent of the face amount of the
bond: Provided, however, That if that sur-
ety owes any penalties on bonds to the
United States, the amount that surety
would otherwise receive shall be offset by
and applied as a credit against the amount
of penalties on bonds it owes the United
States, and then that surety shall receive
the remainder of the amount to which it is
entitled under this subparagraph, if any.
‘‘(xii) All penalties assessed against a
surety on a bond, if any, shall be paid by
the surety no more than 27 months after
the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III).
‘‘(B) The Secretary of Homeland Security
may waive penalties or extend the period for
payment or both, if—
‘‘(i) a written request is filed with the
Secretary of Homeland Security; and
‘‘(ii) the bonding agent or surety pro-
vides an affidavit that diligent efforts were
made to effect compliance of the principal.
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
‘‘(i) COMPLIANCE.—A bonding agent
or surety shall have the absolute right to
locate, apprehend, arrest, detain, and sur-
render any principal, wherever he or she
may be found, who violates any of the
terms and conditions of his or her bond.
‘‘(ii) EXONERATION.—Upon satisfying
any of the requirements of the bond, the
surety shall be completely exonerated.
‘‘(iii) LIMITATION
OF
LIABILITY.—
Notwithstanding any other provision of
law, the total liability on any surety under-
taking shall not exceed the face amount of
the bond.’’.
(c) EFFECTIVE DATE.—The provisions of this section
shall take effect on the date of the enactment of this Act
and shall apply to bonds and surety undertakings executed
before, on, or after the date of the enactment of this Act.
SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) IN GENERAL.—Section 236(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1226(a)(2)) is
amended to read as follows:
‘‘(2) subject to such reasonable regulations as
the Secretary of Homeland Security may prescribe,
shall permit agents, servants, and employees of cor-
porate sureties to visit in person with individuals de-
tained by the Secretary of and, subject to section
241(a)(8), may release the alien on a delivery bond
of at least $10,000, with security approved by the
Secretary, and containing conditions and procedures
prescribed by section 105 of the REAL ID Act of
2005 and by the Secretary, but the Secretary shall
not release the alien on or to his own recognizance
unless an order of an immigration judge expressly
finds and states in a signed order to release the
alien to his own recognizance that the alien is not
a flight risk and is not a threat to the United
States’’.
(b) REPEAL.—Section 286(r) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)) is repealed.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN.
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)) is amended
by adding at the end the following:
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY
BONDSMAN.—Notwithstanding any other provision
of law, the Secretary of Homeland Security shall
take into custody any alien subject to a final order
of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond wheth-
er or not the Department of Homeland Security ac-
cepts custody of the alien. The obligor on the bond
shall be deemed to have substantially performed all
conditions imposed by the terms of the bond, and
shall be released from liability on the bond, if the
alien is produced within such time limit.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all immigration bonds
posted before, on, or after such date.
TITLE II—IMPROVED SECURITY
FOR DRIVERS’ LICENSES AND
PERSONAL 
IDENTIFICATION
CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license, as
defined in section 30301 of title 49, United States
Code.
(2) IDENTIFICATION CARD.—The term ‘‘identi-
fication card’’ means a personal identification card,
as defined in section 1028(d) of title 18, United
States Code, issued by a State.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.
(4) STATE.—The term ‘‘State’’ means a State
of the United States, the District of Columbia, Puer-
to Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and any other territory or
possession of the United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND
ISSUANCE STANDARDS FOR FEDERAL REC-
OGNITION.
(a) MINIMUM STANDARDS FOR FEDERAL USE.—
(1) IN GENERAL.—Beginning 3 years after the
date of the enactment of this Act, a Federal agency
may not accept, for any official purpose, a driver’s
license or identification card issued by a State to
any person unless the State is meeting the require-
ments of this section.
(2) STATE
CERTIFICATIONS.—The Secretary
shall determine whether a State is meeting the re-
quirements of this section based on certifications
made by the State to the Secretary of Transpor-
tation. Such certifications shall be made at such
times and in such manner as the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, may prescribe by regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet
the requirements of this section, a State shall include, at
a minimum, the following information and features on
each driver’s license and identification card issued to a
person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identifica-
tion card number.
(5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
(8) Physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the
document for fraudulent purposes.
(9) A common machine-readable technology,
with defined minimum data elements.
(c) MINIMUM ISSUANCE STANDARDS.—
(1) IN GENERAL.—To meet the requirements of
this section, a State shall require, at a minimum,
presentation and verification of the following infor-
mation before issuing a driver’s license or identifica-
tion card to a person:
(A) A photo identity document, except that
a non-photo identity document is acceptable if
it includes both the person’s full legal name and
date of birth.
(B) Documentation showing the person’s
date of birth.
(C) Proof of the person’s social security
account number or verification that the person
is not eligible for a social security account num-
ber.
(D) Documentation showing the person’s
name and address of principal residence.
(2) SPECIAL REQUIREMENTS.—
(A) IN GENERAL.—To meet the require-
ments of this section, a State shall comply with
the minimum standards of this paragraph.
(B) EVIDENCE
OF
LAWFUL
STATUS.—A
State shall require, before issuing a driver’s li-
cense or identification card to a person, valid
documentary evidence that the person—
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the
United States;
(iii) has conditional permanent resi-
dent status in the United States;
(iv) has an approved application for
asylum in the United States or has entered
into the United States in refugee status;
(v) has a valid, unexpired non-
immigrant visa or nonimmigrant visa sta-
tus for entry into the United States;
(vi) has a pending application for asy-
lum in the United States;
(vii) has a pending or approved appli-
cation for temporary protected status in
the United States;
(viii) has approved deferred action
status; or
(ix) has a pending application for ad-
justment of status to that of an alien law-
fully admitted for permanent residence in
the United States or conditional perma-
nent resident status in the United States.
(C) TEMPORARY DRIVERS’ LICENSES AND
IDENTIFICATION CARDS.—
(i) IN
GENERAL.—If a person pre-
sents evidence under any of clauses (v)
through (ix) of subparagraph (B), the
State may only issue a temporary driver’s
license or temporary identification card to
the person.
(ii) EXPIRATION DATE.—A temporary
driver’s license or temporary identification
card issued pursuant to this subparagraph
shall be valid only during the period of
time of the applicant’s authorized stay in
the United States or, if there is no definite
end to the period of authorized stay, a pe-
riod of one year.
(iii) 
DISPLAY
OF
EXPIRATION
DATE.—A temporary driver’s license or
temporary identification card issued pursu-
ant to this subparagraph shall clearly indi-
cate that it is temporary and shall state
the date on which it expires.
(iv) RENEWAL.—A temporary driver’s
license or temporary identification card
issued pursuant to this subparagraph may
be renewed only upon presentation of valid
documentary evidence that the status by
which the applicant qualified for the tem-
porary driver’s license or temporary identi-
fication card has been extended by the Sec-
retary of Homeland Security.
(3) VERIFICATION OF DOCUMENTS.—To meet
the requirements of this section, a State shall imple-
ment the following procedures:
(A) Before issuing a driver’s license or
identification card to a person, the State shall
verify, with the issuing agency, the issuance, va-
lidity, and completeness of each document re-
quired to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to
satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005,
the State shall enter into a memorandum of un-
derstanding with the Secretary of Homeland
Security to routinely utilize the automated sys-
tem known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009–
664), to verify the legal presence status of a
person, other than a United States citizen, ap-
plying for a driver’s license or identification
card.
(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following
practices in the issuance of drivers’ licenses and identifica-
tion cards:
(1) Employ technology to capture digital images
of identity source documents so that the images can
be retained in electronic storage in a transferable
format.
(2) Retain paper copies of source documents for
a minimum of 7 years or images of source docu-
ments presented for a minimum of 10 years.
(3) Subject each person applying for a driver’s
license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm
or verify a renewing applicant’s information.
(5) Confirm with the Social Security Adminis-
tration a social security account number presented
by a person using the full social security account
number. In the event that a social security account
number is already registered to or associated with
another person to which any State has issued a driv-
er’s license or identification card, the State shall re-
solve the discrepancy and take appropriate action.
(6) Refuse to issue a driver’s license or identi-
fication card to a person holding a driver’s license
issued by another State without confirmation that
the person is terminating or has terminated the driv-
er’s license.
(7) Ensure the physical security of locations
where drivers’ licenses and identification cards are
produced and the security of document materials
and papers from which drivers’ licenses and identi-
fication cards are produced.
(8) Subject all persons authorized to manufac-
ture or produce drivers’ licenses and identification
cards to appropriate security clearance requirements.
(9) Establish fraudulent document recognition
training programs for appropriate employees en-
gaged in the issuance of drivers’ licenses and identi-
fication cards.
(10) Limit the period of validity of all driver’s
licenses and identification cards that are not tem-
porary to a period that does not exceed 8 years.
SEC. 203. LINKING OF DATABASES.
(a) IN GENERAL.—To be eligible to receive any grant
or other type of financial assistance made available under
this title, a State shall participate in the interstate com-
pact regarding sharing of driver license data, known as
the ‘‘Driver License Agreement’’, in order to provide elec-
tronic access by a State to information contained in the
motor vehicle databases of all other States.
(b) REQUIREMENTS
FOR INFORMATION.—A State
motor vehicle database shall contain, at a minimum, the
following information:
(1) All data fields printed on drivers’ licenses
and identification cards issued by the State.
(2) Motor vehicle drivers’ histories, including
motor vehicle violations, suspensions, and points on
licenses.
SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES
FOR USE IN FALSE IDENTIFICATION DOCU-
MENTS.
(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title
18, United States Code, is amended by striking ‘‘false au-
thentication features’’ and inserting ‘‘false or actual au-
thentication features’’.
(b) USE
OF FALSE DRIVER’S LICENSE
AT AIR-
PORTS.—
(1) IN GENERAL.—The Secretary shall enter,
into the appropriate aviation security screening
database, appropriate information regarding any
person convicted of using a false driver’s license at
an airport (as such term is defined in section 40102
of title 49, United States Code).
(2) FALSE DEFINED.—In this subsection, the
term ‘‘false’’ has the same meaning such term has
under section 1028(d) of title 18, United States
Code.
SEC. 205. GRANTS TO STATES.
(a) IN GENERAL.—The Secretary may make grants
to a State to assist the State in conforming to the min-
imum standards set forth in this title.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for
each of the fiscal years 2005 through 2009 such sums as
may be necessary to carry out this title.
SEC. 206. AUTHORITY.
(a) PARTICIPATION OF SECRETARY OF TRANSPOR-
TATION AND STATES.—All authority to issue regulations,
set standards, and issue grants under this title shall be
carried out by the Secretary, in consultation with the Sec-
retary of Transportation and the States.
(b) COMPLIANCE WITH STANDARDS.—All authority
to certify compliance with standards under this title shall
be carried out by the Secretary of Transportation, in con-
sultation with the Secretary of Homeland Security and the
States.
(c) EXTENSIONS
OF DEADLINES.—The Secretary
may grant to a State an extension of time to meet the
requirements of section 202(a)(1) if the State provides
adequate justification for noncompliance.
SEC. 207. REPEAL.
Section 7212 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is
repealed.
SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to affect the
authorities or responsibilities of the Secretary of Trans-
portation or the States under chapter 303 of title 49,
United States Code.
TITLE 
III—BORDER 
INFRA-
STRUCTURE 
AND 
TECH-
NOLOGY INTEGRATION
SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.
(a) STUDY.—The Under Secretary of Homeland Se-
curity for Border and Transportation Security, in con-
sultation with the Under Secretary of Homeland Security
for Science and Technology and the Under Secretary of
Homeland Security for Information Analysis and Infra-
structure Protection, shall study the technology, equip-
ment, 
and 
personnel 
needed 
to 
address 
security
vulnerabilities within the United States for each field of-
fice of the Bureau of Customs and Border Protection that
has responsibility for any portion of the United States bor-
ders with Canada and Mexico. The Under Secretary shall
conduct follow-up studies at least once every 5 years.
(b) REPORT TO CONGRESS.—The Under Secretary
shall submit a report to Congress on the Under Sec-
retary’s findings and conclusions from each study con-
ducted under subsection (a) together with legislative rec-
ommendations, as appropriate, for addressing any security
vulnerabilities found by the study.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Department of
Homeland Security Directorate of Border and Transpor-
tation Security such sums as may be necessary for fiscal
years 2006 through 2011 to carry out any such rec-
ommendations from the first study conducted under sub-
section (a).
SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES
FOR BORDER SECURITY.
(a) PILOT PROGRAM.—Not later than 180 days after
the date of the enactment of this Act, the Under Secretary
of Homeland Security for Science and Technology, in con-
sultation with the Under Secretary of Homeland Security
for Border and Transportation Security, the Under Sec-
retary of Homeland Security for Information Analysis and
Infrastructure Protection, and the Secretary of Defense,
shall develop a pilot program to utilize, or increase the
utilization of, ground surveillance technologies to enhance
the border security of the United States. In developing the
program, the Under Secretary shall—
(1) consider various current and proposed
ground surveillance technologies that could be uti-
lized to enhance the border security of the United
States;
(2) assess the threats to the border security of
the United States that could be addressed by the
utilization of such technologies; and
(3) assess the feasibility and advisability of uti-
lizing such technologies to address such threats, in-
cluding an assessment of the technologies considered
best suited to address such threats.
(b) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—The pilot program shall in-
clude the utilization of a variety of ground surveil-
lance technologies in a variety of topographies and
areas (including both populated and unpopulated
areas) on both the northern and southern borders of
the United States in order to evaluate, for a range
of circumstances—
(A) the significance of previous experiences
with such technologies in homeland security or
critical infrastructure protection for the utiliza-
tion of such technologies for border security;
(B) the cost, utility, and effectiveness of
such technologies for border security; and
(C) liability, safety, and privacy concerns
relating to the utilization of such technologies
for border security.
(2) TECHNOLOGIES.—The ground surveillance
technologies utilized in the pilot program shall in-
clude the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) IMPLEMENTATION.—The Under Secretary of
Homeland Security for Border and Transportation Secu-
rity shall implement the pilot program developed under
this section.
(d) REPORT.—Not later than 1 year after imple-
menting the pilot program under subsection (a), the
Under Secretary shall submit a report on the program to
the Senate Committee on Commerce, Science, and Trans-
portation, the House of Representatives Committee on
Science, the House of Representatives Committee on
Homeland Security, and the House of Representatives
Committee on the Judiciary. The Under Secretary shall
include in the report a description of the program together
with such recommendations as the Under Secretary finds
appropriate, including recommendations for terminating
the program, making the program permanent, or enhanc-
ing the program.
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRA-
TION AND INFORMATION SHARING ON BOR-
DER SECURITY.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Home-
land Security, acting through the Under Secretary of
Homeland Security for Border and Transportation Secu-
rity, in consultation with the Under Secretary of Home-
land Security for Science and Technology, the Under Sec-
retary of Homeland Security for Information Analysis and
Infrastructure Protection, the Assistant Secretary of Com-
merce for Communications and Information, and other ap-
propriate Federal, State, local, and tribal agencies, shall
develop and implement a plan—
(1) to improve the communications systems of
the departments and agencies of the Federal Gov-
ernment in order to facilitate the integration of com-
munications among the departments and agencies of
the Federal Government and State, local government
agencies, and Indian tribal agencies on matters re-
lating to border security; and
(2) to enhance information sharing among the
departments and agencies of the Federal Govern-
ment, State and local government agencies, and In-
dian tribal agencies on such matters.
(b) REPORT.—Not later than 1 year after imple-
menting the plan under subsection (a), the Secretary shall
submit a copy of the plan and a report on the plan, includ-
ing any recommendations the Secretary finds appropriate,
to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee
on Science, the House of Representatives Committee on
Homeland Security, and the House of Representatives
Committee on the Judiciary.
Passed the House of Representatives February 10,
2005.
Attest:
Clerk.