I 
109TH CONGRESS 
1ST SESSION H. R. 1320 
To secure the borders of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2005 
Mr. REYES introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Homeland Secu-
rity, 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 THE INTERIOR; TOOLS FOR BORDER 
SECURITY 
Subtitle A—Increase in Staff for ICE 
Sec. 201. ICE strategy and staffing assessment. 
Subtitle B—Increase in Detention Space 
Sec. 211. Sense of Congress regarding processing of criminal aliens while incar-
cerated. 
Sec. 212. Sense of Congress regarding increase in prosecutors and immigration 
judges. 
Subtitle C—Enhancing Law Enforcement Access to Informants
Sec. 221. New class of nonimmigrant aliens. 
Sec. 222. Adjustment of status of nonimmigrant to that of person admitted for 
permanent residence. 
Subtitle D—Increased Penalties for Smuggling 
Sec. 231. Combating aggravated alien smuggling. 
Sec. 232. Increased criminal sentences and fines for alien smuggling. 
Sec. 233. Increased penalty for smuggling. 
TITLE III—BEYOND OUR BORDERS (INTERNATIONAL) 
Subtitle A—Coordinating DHS Mission Overseas 
Sec. 301. Office of International Affairs; effective and efficient management 
and coordination of international assignments. 
Sec. 302. Creation of an Office of Overseas Service. 
Subtitle B—Implementing a More Effective Visa Security Program 
Sec. 311. Implementing a more effective visa security program. 
Subtitle C—Securing the Visa Waiver Program 
Sec. 321. Visa waiver program passenger screening; biographical checks. 
Sec. 322. Defining security Responsibilities of the Visa Waiver Program Office. 
Sec. 323. Additional and continuous training for inspectors in fraud and im-
poster detection. 
Sec. 324. Authorization of funds. 
TITLE IV—SECURING THE IMMIGRATION BENEFITS PROCESS 
Sec. 401. Immigration Ombudsman. 
Sec. 402. CIS workflow, technology, and staffing assessment. 
Sec. 403. Study on biometrics. 
Sec. 404. Digitizing immigration functions. 
Sec. 405. 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. 
(b) DEPLOYMENT.—Not later than September 30, 
2006, the Secretary of Homeland Security shall fully im-
plement the plan described in subsection (a). 
(c) REPORT.—Not later than September 30, 2005, 
the Secretary of Homeland Security shall submit the plan 
described in subsection (a) to the appropriate congres-
sional committee (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$200,000,000 for each of fiscal years 2005 and 2006, and 
such sums as may be necessary for each succeeding fiscal 
year.
SEC. 
112. 
DEPLOYMENT 
OF 
SURVEILLANCE 
SYSTEMS 
ALONG THE US-CANADIAN BORDER. 
Not later than September 30, 2005, the Secretary of 
Homeland Security shall develop a plan to install 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. 113. 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.
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: 
(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. 132. IMPROVED INFORMATION SHARING. 
The Secretary of Homeland Security shall, not later 
than October 1, 2005— 
(1) integrate the IDENT and IAFIS databases; 
and 
(2) make interoperable databases used by in-
spectors in secondary inspections.
SEC. 133. 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: 
‘‘431. Border coordinators.’’. 
SEC. 134. 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. 135. 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. 
Subtitle E—Enhancing Border 
Security Programs 
SEC. 141. 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. 142. TRANSPORTATION WORKER IDENTIFICATION 
CARD. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall submit a report to the Congress not later than 
December 31, 2004, regarding the development and dis-
tribution of a transportation worker identification card. 
(b) CONTENTS.—The report described in subsection 
(a) shall include information on—
(1) the plan for distribution of the card; 
(2) the eligibility of Canadian and Mexican 
truck drivers who are certified under the Free and 
Secure Trade (‘‘FAST’’) initiative; 
(3) selected biometric feature and other security 
features of the card; and 
(4) the cost of, and deployment schedule for, 
card-reading equipment. 
SEC. 143. STANDARDS AND VERIFICATION PROCEDURES 
FOR THE SECURITY OF INTERMODAL CARGO 
CONTAINERS. 
(a) STANDARDS AND VERIFICATION PROCEDURES.— 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, acting 
through the Under Secretary for Border and Transpor-
tation Security, shall establish standards and verification 
procedures for the security of intermodal cargo containers 
moving within the intermodal transportation system, in-
cluding standards for sealing and procedures for seal 
verifications for cargo containers at loading. 
(b) REQUIREMENTS.—The standards and verification 
procedures established pursuant to subsection (a) shall be 
consistent with the cargo container security recommenda-
tions of the Interagency Container Working Group and
the Smart and Secure Trade Lane program and shall meet 
the following additional requirements: 
(1) SEAL STANDARDS.—Intermodal cargo con-
tainers shall at a minimum be affixed with a secu-
rity seal equivalent to the level ‘‘D’’ high security 
seal (as certified by the International Organization 
for Standardization (ISO); Certification No. 17712) 
at loading. 
(2) SEAL VERIFICATION.—Procedures shall be 
established for the verification of security seals de-
scribed in paragraph (1), including procedures to de-
termine which individuals and entities in the inter-
modal transportation system are responsible for seal-
ing intermodal cargo containers, recording of seal 
numbers, changes to such numbers if a container is 
opened, and anomalies to security seals. 
SEC. 144. SENSE OF CONGRESS ON THE NEED FOR ADDI-
TIONAL STAFF FOR THE UNITED STATES 
CONSULATE-GENERAL IN MEXICO. 
It is the sense of the Congress that— 
(1) the United States Mission to Mexico plays 
an important part in ensuring the security of our 
southern border; 
(2) this mission must have sufficient staff in 
order to adequately fulfill their consular responsibil-
ities, an important part of a comprehensive strategy 
to secure our border; 
(3) the level of staffing has not kept pace with 
rising consular workloads; and 
(4) therefore, appropriations should be author-
ized for a 25 percent staff increase for the United 
States mission to Mexico. 
Subtitle F—Securing Our Tribal 
and Federal Lands and Territories 
SEC. 151. OFFICE OF TRIBAL SECURITY. 
(a) ESTABLISHMENT.—There is established within 
the Department of Homeland Security the Office of Tribal 
Security. 
(b) DIRECTOR.—The Office of Tribal Security shall 
be administered by a Director, who shall be appointed by 
the President by and with the advice and consent of the 
Senate. The Director shall report directly to the Secretary 
of Homeland Security. 
(c) DUTIES.—The Director shall be responsible for 
coordinating relations between the Federal Government 
and federally recognized Indian tribes on issues relating 
to homeland security, which shall include the following du-
ties:
(1) Providing a point of contact within Depart-
ment of Homeland Security which shall be respon-
sible for— 
(A) meeting the broad and complex Fed-
eral responsibilities owed to federally recognized 
Indian tribes by the Department of Homeland 
Security; and 
(B) soliciting and, where appropriate, ad-
dressing the homeland security concerns of fed-
erally recognized Indian tribes and other parties 
interested in Indian affairs. 
(2) Communicating relevant policies of the De-
partment of Homeland Security to federally recog-
nized Indian tribes and the public. 
(3) Promoting internal uniformity of Depart-
ment of Homeland Security policies relating to In-
dian country (as defined in section 1151 of title 18, 
United States Code). 
(4) Coordinating with the Directorate of Border 
and Transportation Security and tribal governments 
to develop a comprehensive border security policy 
that addresses law enforcement, personnel, and 
funding issues in Indian country (as defined in sec-
tion 1151 of title 18, United States Code) on the 
United States borders with Canada and with Mexico.
(5) Coordinating with the Directorate for Infor-
mation Analysis and Infrastructure Protection and 
tribal governments to develop appropriate policies 
for infrastructure protection on Indian lands, as well 
as information sharing mechanisms with tribal gov-
ernments. 
(6) Coordinating with the Directorate of Emer-
gency Preparedness and Response and the Office of 
State and Local Government Coordination and Pre-
paredness to help ensure that tribal governments are 
fully informed of, have access to, and may apply for 
all Department of Homeland Security grant oppor-
tunities for emergency response providers, and to de-
velop and achieve preparedness goals for tribal gov-
ernments that are consistent with national goals for 
terrorism preparedness, as determined by the De-
partment. 
(7) Coordinating with the Director of Science 
and Technology to identify opportunities to conduct 
research and development of homeland security tech-
nologies or scientific understanding for tribal univer-
sities or private sector entities. 
(8) Coordinating with the Office of Citizenship 
and Immigration Services and other relevant offices 
within the Department of Homeland Security with
immigration service and enforcement related func-
tions to develop policies on issues related to citizen-
ship and the movement of members of federally rec-
ognized Indian tribes across the United States bor-
der, taking into consideration the unique character-
istics of certain federally recognized Indian tribes 
with jurisdiction over lands adjacent to the Canadian 
and Mexican borders. 
(9) Coordinating with other offices within the 
Department of Homeland Security to develop and 
implement sound policies regarding Indian country 
(as defined in section 1151 of title 18, United States 
Code) and tribal governments. 
SEC. 152. TRANSFER OF ‘‘SHADOW WOLVES’’ FROM CPB TO 
ICE. 
(a) TRANSFER OF EXISTING UNIT.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall transfer to the Im-
migration and Customs Enforcement all functions (includ-
ing the personnel, assets, and obligations held by or avail-
able in connection with such functions) of the Customs 
Patrol Officers unit of U.S. Customs and Border Protec-
tion operating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit).
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within U.S. Immigration 
and Customs Enforcement additional units of Customs 
Patrol Officers in accordance with this section. 
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a) and the additional units 
established pursuant to subsection (b) shall enforce the 
customs laws of the United States on Indian lands by pre-
venting the smuggling of narcotics, weapons of mass de-
struction, and other contraband. 
(d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The 
rate of basic pay for a journeyman Customs Patrol Officer 
in a unit described in this section shall be not greater than 
the rate of basic pay for GS–13 of the General Schedule. 
SEC. 153. DHS AND DOI COORDINATION ON BORDER SECU-
RITY; PROVISION OF TEMPORARY AUTHOR-
ITY TO DHS TO TRANSFER FUNDS. 
(a) IN GENERAL.—Until the completion and imple-
mentation of the border security strategy described in sec-
tion 131 of this Act, the Secretary of Homeland Security 
is authorized to transfer appropriated funds to the Sec-
retary of Interior in accordance with the memorandum of 
understanding described in subsection (b) to support the 
security needs of the Department of the Interior, its bu-
reaus, and tribal entities, including, the protection of bor-
der lands, critical infrastructure, and key resources. 
(b) MEMORANDUM.—The Secretary of Homeland Se-
curity and the Secretary of Interior shall enter into a 
memorandum of understanding regarding the funds de-
scribed in subsection (a). This memorandum shall— 
(1) establish criteria for Department of Interior 
projects to receive such funding; 
(2) establish priorities among such projects; 
and 
(3) include a description of the scope of activi-
ties for such projects, including equipment, recurring 
maintenance, construction of facilities, recapitaliza-
tion of facilities, and operations. 
(c) REPORT.—The appropriate congressional com-
mittees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) shall be notified 15 days prior 
to any transfer of funds. Not later than September 30, 
2005, the Secretary of Interior shall submit to the appro-
priate congressional committees (as so defined) a copy of 
the memorandum of understanding described in sub-
section (b).
TITLE II—SECURING THE INTE-
RIOR; TOOLS FOR BORDER 
SECURITY 
Subtitle A—Increase in Staff for 
ICE 
SEC. 201. ICE STRATEGY AND STAFFING ASSESSMENT. 
(a) IN GENERAL.—Not later than December 31 of 
each year, the Secretary of Homeland Security shall sub-
mit to the Government Accountability Office and the ap-
propriate congressional committees (as defined by section 
2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
a written report describing its strategy for deploying 
human resources (including investigators and support per-
sonnel) to accomplish its border security mission. 
(b) REVIEW.—Not later than 90 days after receiving 
any report under subsection (a), the Government Account-
ability Office shall submit to each appropriate congres-
sional committee (as defined by section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) a written evaluation 
of such report, including recommendations pertaining to 
how U.S. Immigration and Customs Enforcement could 
better deploy human resources to achieve its border secu-
rity mission through legislative or administrative action.
Subtitle B—Increase in Detention 
Space 
SEC. 211. 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. 212. SENSE OF CONGRESS REGARDING INCREASE IN 
PROSECUTORS AND IMMIGRATION JUDGES. 
It is the sense of the Congress that— 
(1) prosecutors and immigration judges are 
critical for the prompt and proper enforcement of 
our immigration laws, and are an important part of 
a comprehensive strategy; 
(2) an insufficient number of prosecutors and 
immigration judges currently exists to enforce the 
immigration laws of the United States; and 
(3) therefore, appropriations should be author-
ized for appropriate staff increases for judicial and
prosecutorial offices, commensurate with other per-
sonnel increases directed in this Act. 
Subtitle C—Enhancing Law 
Enforcement Access to Informants 
SEC. 221. 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. 222. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 
THAT OF PERSON ADMITTED FOR PERMA-
NENT RESIDENCE. 
Section 245(j) of the Immigration and Nationality 
Act (8 U.S.C. 1255(j)) is amended— 
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the opinion of the Secretary of Homeland 
Security, the Secretary of State, or the Attorney Gen-
eral— 
‘‘(A) a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) has supplied 
information described in subclause (I) of such sec-
tion; and 
‘‘(B) the provision of such information has sub-
stantially contributed to the success of a commercial 
alien smuggling investigation, the disruption of a
commercial alien smuggling operation, or the pros-
ecution of an individual described in subclause (III) 
of that section, 
the Secretary of Homeland Security may adjust the status 
of the alien (and the spouse, married and unmarried sons 
and daughters, and parents of the alien if admitted under 
that section) to that of an alien lawfully admitted for per-
manent residence if the alien is not described in section 
212(a)(3)(E). 
‘‘(4) The Secretary of Homeland Security may adjust 
the status of a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) (and the spouse, 
married and unmarried sons and daughters, and parents 
of the nonimmigrant if admitted under that section) to 
that of an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary of State 
or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General determines that 
the identity of a person whose status is adjusted under 
this subsection must be protected, such official may take 
such lawful action as the official considers necessary to 
effect such protection.’’.
Subtitle D—Increased Penalties for 
Smuggling 
SEC. 231. 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: