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Increase in special operations forces assigned to special operations command
By the end of fiscal year 2014, the number of special operations forces in the Armed Forces shall be increased by 50,000, which represents a 50-percent increase over the number of special operations forces in effect on September 30, 2004. Of the increased number of personnel, half shall be active or reserve members who are directly assigned to the unified combatant command for special operations required by section 167 of title 10, United States Code, and the other half shall be members of the Marine Corps who have completed special operations training.
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There are authorized to be appropriated such sums as are necessary to carry out this section. 3.
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Annual report on special operations forces retention
Section 167 of title 10, United States Code, is amended by adding at the end the following new subsection: (l) Annual report on special operations forces retention
Not later than March 1 of each year, the Secretary of Defense shall submit to Congress a report specifying retention levels for members of the armed forces serving as special operations forces and containing the strategy of the Department of Defense for improving retention rates, in particular among members who have completed between 10 and 14 years of service and members with more than 20 years of service.. 4.
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Report on active and reserve mix for special operations forces and special forces transformation
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the recommendations of the Secretary regarding— (1) the appropriate mix of active and reserve forces for special operations forces, including civil affairs forces and psychological operations forces, to reduce the need for long-term deployments of reservists; and (2) the transformation of the special operations forces to develop a more ethnically diverse intelligence cadre capable of locating and infiltrating sophisticated terrorist networks. 11.
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Sense of Congress on counterproliferation programs
(a) In General
It is the sense of Congress that the United States must strengthen the nonproliferation programs of the Department of Energy, expand the Proliferation Security Initiative of the Department of State, and support Cooperative Threat Reduction programs of the Department of Defense.
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(b) Funding
It is the sense of Congress that the United States should increase its spending on the counterproliferation programs described in subsection (a) such that, as of fiscal year 2010, the aggregate annual spending of the United States on those counterproliferation programs is not less than $3,000,000,000. 12.
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Global Threat Reduction Initiative
(a) Initiative Required
From amounts made available to carry out this section, the Secretary of Energy shall carry out a program, to be known as the Global Threat Reduction Initiative, under which the Secretary provides for the securing, removing, or disposing of nuclear and radiological materials outside the United States that are vulnerable to theft. In carrying out the program, the Secretary shall seek to secure, remove, or dispose of nuclear and radiological materials at the 24 most vulnerable reactor sites in foreign countries, as determined by the Secretary of State, by 2009.
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(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Energy to carry out this section $4,500,000,000 for each of fiscal years 2005 through 2014. 13. Cooperative Threat Reduction Initiative
(a) Resolution of liability and access problems
The President shall work to resolve the liability and access problems that continue to be roadblocks to the Cooperative Threat Reduction programs.
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(b) Definition
In this section, the term Cooperative Threat Reduction programs means programs specified in section 1501(b) of the National Defense Authorization Act of Fiscal year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note). 14.
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Sense of Congress on Proliferation Security Initiative
It is the sense of Congress that the People’s Republic of China should be encouraged to participate in the Proliferation Security Initiative of the Department of State in order to assist in efforts to prevent the export of weapons of mass destruction by the Government of North Korea. 15. Threat assessments on sources of radiological materials
(a) Assessments Required
The Secretary of Energy shall carry out threat assessments on the most likely sources of radiological material that could be used in making a dirty bomb.
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(b) Report
Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the threat assessments carried out under subsection (a). 16. Elimination of United States chemical stockpile
The President shall ensure that the chemical stockpile of the United States is eliminated not later than the end of 2012. 21. Targeting terrorist travel
(a) Codification of the establishment of the Terrorist Screening Center
There is established within the Federal Bureau of Investigation the Terrorist Screening Center under the direction of the Director of the Federal Bureau of Investigation.
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(b) Mission
The Terrorist Screening Center shall— (1) establish and operate a single consolidated terrorist database consisting of terrorist information from all watchlists compiled by the agencies and departments of the United States; (2) provide operational support for terrorist screeners throughout the United States and around the world 24 hours of each day; (3) ensure that terrorist screeners use the same unified, comprehensive set of anti-terrorist information; and (4) ensure that terrorist screeners have access to information and expertise that will permit rapid response when a suspected terrorist is screened or stopped.
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(c) Deadline for operation of database
The Terrorist Screening Center shall complete and begin operation of a comprehensive terrorist screening database by not later than December 31, 2004. (d) Access to database
(1) The Terrorist Screening Center shall take such steps as are required to provide electronic access to the comprehensive terrorist screening database as soon as possible. (2) The Director of the Federal Bureau of Investigation shall submit to Congress semiannual reports on the progress made to carry out paragraph (1).
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(e) Assistance from NCTC
The head of the National Counterterrorism Center shall expand existing programs relating to terrorist travel intelligence collection and analysis to assist the Terrorist Screening Center. (f) Terrorist screener defined
In this section, the term terrorist screener means individuals who are investigators, screeners, and agents with an official duty related to the identification, tracking, or apprehension of suspected terrorists, including the following: (1) Personnel of the intelligence community. (2) Federal personnel who screen individuals entering the United States. (3) Federal, State and local law enforcement personnel.
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(4) Federal personnel that consider visa applications. (5) Personnel of authorized private sector operators of critical infrastructure. (6) Authorized personnel of certain foreign governments that have entered into immigration agreements with the United States or that are engaged in the global war on terrorism as partners of the United States. (7) Any other individuals whose duties and responsibilities reasonably require timely access to the terrorist screening database, as determined by the Director of the Federal Bureau of Investigation. 30. Short title
This title may be cited as the Secure Borders Act. 31.
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Establishment of Land Border Infrastructure 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 expended, 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 section 32, to reduce and prevent the nation’s land border vulnerability to terrorist attack, and penetration by terrorists and criminals, while effectively facilitating the movement of goods, services, and legitimate travelers.
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(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 Homeland Security may carry out infrastructure and technology improvement projects recommended in the report submitted under section 32 in order to reduce the vulnerability of ports of entry. 32. Requiring a vulnerability assessment of land ports of entry
(a) Initial assessment
(1) In general
The Secretary of Homeland Security shall conduct an assessment of the vulnerability of each United States land port of entry to penetration by terrorists and criminals or terrorist attack.
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In carrying out assessments under this paragraph, the Secretary shall categorize the vulnerability 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 conducting 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 congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C.
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101 )) a report that contains— (A) the results of the assessment conducted under paragraph (1); (B) with respect to each port of entry categorized under paragraph (1) as either a high or medium vulnerability port of entry, descriptions of— (i) infrastructure and technology improvement projects required for the port of entry in order to reduce its vulnerability; (ii) the resources required to make such improvements; and (C) a description of how the funds will be used to implement technology and infrastructure improvement projects.
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(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 )). 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs
(a) Sense of Congress
It is the sense of the Congress that preenrollment programs should be expanded to all major ports of entry because these programs assist our frontline officers in the fight against terrorism.
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These programs allow inspectors to focus more closely on unknown travelers by subjecting participants to in depth background and watch list checks. (b) Permanent authorization
(1) In general
The Secretary of Homeland Security shall make permanent pre-enrollment programs that subject participants who are aliens, and citizens of the United States, to criminal and watch list screenings and fingerprint checks prior to enrolling in order to gain expedited inspections at ports of entry.
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(2) Specific programs
The programs described in paragraph (1) shall include, at a minimum, 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 , program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ).
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(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 programs effective
There are authorized to be appropriated such funds as may be necessary to improve infrastructure to enhance access to pre-enrollment lanes, and to accomplish all the other purposes outlined in this section, in order to facilitate inspections and expedite the flow of travel and commerce.
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(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 centers
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 Secretary of Homeland Security must establish a process to review actions that terminate the participation of travelers in pre-enrollment programs.
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(g) Report on budget, program use, and enforcement
The Secretary of Homeland Security annually 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 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 pedestrians; (2) the cost of upgrade and maintenance needs;
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(3) update on status and expansion of enrollment centers; (4) infrastructure needs on the US, Canadian, and Mexican sides of the border to enhance the programs; (5) universal access through ports; (6) technology and database enhancements to link watch lists to the programs; (7) the feasibility of incorporating radio frequency 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;
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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 performed 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. 35.
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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 comprehensive plan to fully deploy technological surveillance systems along the U.S.-Mexico border. Surveillance systems included in the deployment plan must— (1) ensure continuous monitoring of every mile of the U.S.-Mexico border; (2) to the extent practicable, be fully interoperable with existing surveillance systems, such as the Integrated Surveillance Intelligence Systems already in use by the Department of Homeland Security.
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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.
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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 monitors will be deployed to ports of entry along the U.S.-Mexico border, and other border locations, consistent with section 39. (8) A description of how K–9 detection units will be increased along the U.S.-Mexico border, consistent with section 37.
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(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 implement the plan described in subsection (a).
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(c) Report
Not later than September 30, 2005, the Secretary of Homeland Security shall submit the plan described in subsection (a) to the appropriate congressional 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. 36.
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Deployment of surveillance systems along the U.S.–Canadian border
Not later than September 30, 2005, the Secretary of Homeland Security shall develop a plan to install surveillance 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 designed to implement such plan. 37. Level of K–9 units
(a) In general
The Secretary of Homeland Security shall increase the number of K–9 units working within U.S.
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Customs and Border Protection, including adding infrastructure, 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 currency detection purposes. (c) Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section. 41.
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Double the number of CBP personnel
(a) Temporary increase in personnel
Pending congressional consideration of the study described in section 42, there are authorized to be appropriated to the Secretary of Homeland Security such sums as may be 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.
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Customs and Border Protection personnel (including support personnel) 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 requirements of subsection (a). 42.
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Assessing staffing needs at our borders
The Secretary of Homeland Security shall contract with an independent entity to undertake a study to determine the necessary level and allocation of personnel, including 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 technologies, and an analysis of traffic volumes and wait times at ports of entry.
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The study is to be provided to the appropriate 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. 43. Additional and continuous training for inspectors
(a) In general
The Secretary of Homeland Security 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.
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(b) Language training
The Secretary of Homeland Security ensure that inspectors assigned to the southern border are proficient in Spanish language, and shall provide training to inspectors in Spanish and other languages determined to be necessary in carrying out anti-terrorism and law enforcement functions. The Secretary of Homeland Security shall provide, where necessary, appropriate language training to inspectors and border patrol agents on the northern border.
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(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 Security Act of 2002 ( 6 U.S.C. 101 )) on how the current Department 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. 44.
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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 Commissioner 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 Initiative at enhancing security and facilitating travel; (2) providing a breakdown of the number of personnel of U.S.
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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 Security, 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.
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Customs and Border Protection to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative; and (5) reviewing whether the missions of customs, agriculture, and immigration are equally emphasized. (b) Assessment of report
The Comptroller General of the United States shall the review the reports submitted under subsection (a) and shall provide an assessment 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.
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51. Land border security strategy
(a) In general
The Secretary of Homeland Security, 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 appropriate 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, comprehensive strategy to secure the land borders of the United States not later than 6 months after the date of the enactment of this Act.
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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.
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(c) Consultation
In creating the strategy described in subsection (a), the Federal agencies described in such subsection shall consult private sector organizations and nongovernmental organizations with national security, privacy, agriculture, immigration, customs, transportation, technology, legal, and business expertise. (d) Implementation
The Secretary shall implement 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.
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(f) Report
Not later than 15 months after the date of the enactment of this Act, and every year thereafter 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 subsection (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 borders. Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to improve and increase border security. 52.
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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 inspectors in secondary inspections. 53. Creation of northern and southern border coordinators
(a) In general
Title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 seq.)
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is amended— (1) in section 402, by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: (8) Increasing the security of the United States at the ports of entry located along the northern and southern borders, and improving the coordination among the agencies responsible for maintaining that security. ; and (2) in subtitle C, by adding at the end the following: 431.
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Border coordinators
(a) In general
There shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border 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 Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local,
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and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102,
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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 Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States. (b) Clerical amendment
Section 1(b) of such Act is amended in the table of contents by inserting after the item relating to section 430 the following: Sec. 431. Border coordinators. 431.
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Border coordinators
(a) In general
There shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border 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 Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local,
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and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102,
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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 Secretary based on the ability of a project to fulfill immediate 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. 54. Smart Border Accord implementation
The President shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C.
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101 )) information about the ongoing progress on implementation of the Smart Border Accords through quarterly updates on meetings of the Smart Border Working Group. 55. Sense of Congress on the period of admission for border crossing card holders
(a) Sense of Congress
It is the sense of the Congress that citizens and nationals of Mexico should be treated with parity in relation to citizens and nationals of Canada in establishing the periods of time they are lawfully permitted to remain in the United States.
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(b) Modification to documentary requirements
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. 61.
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Creating a more effective entry-exit system
(a) Creation of a US–VISIT outreach office
(1) In general
The Secretary of Homeland Security shall create an “Office of US–VISIT Outreach” that will inform on a regular basis local border officials, residents, and businesses about developments in the US–VISIT program. Specifically, this office shall provide information to local border officials, residents, and businesses, and seek guidance from such persons and entities about, the practical effects to border communities of the implementation of US–VISIT.
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(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 established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C.
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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, contractors on information technology programs, particularly the US–VISIT program. (2) Termination
Section 3(i) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C.
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1365a note) is amended to read as follows: (i) Termination
The Task Force shall terminate on a date designated by the Secretary of Homeland Security 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,
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the Secretary 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 Arrival/Departure Record) are being carried out by electronic means; and (B) shall eliminate such forms.
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(2) Implementation plan
Not later than December 31, 2004, the Secretary of Homeland Security 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 describing the measures the Secretary is taking to carry out subsection (c) before the deadline described in such subsection. 62. Transportation worker identification card
(a) In general
The Secretary of Homeland Security shall submit a report to the Congress not later than December 31, 2004, regarding the development and distribution of a transportation worker identification card.
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(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. 63.
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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 Transportation Security, shall establish standards and verification procedures for the security of intermodal cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading.
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(b) Requirements
The standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations 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 containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading.
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(2) Seal verification
Procedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing intermodal cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies to security seals. 64.
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Sense of Congress on the need for additional 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 responsibilities, 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 authorized for a 25 percent staff increase for the United States mission to Mexico. 65.
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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.
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(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 duties: (1) Providing a point of contact within Department of Homeland Security which shall be responsible for— (A) meeting the broad and complex Federal responsibilities owed to federally recognized Indian tribes by the Department of Homeland Security; and (B) soliciting and, where appropriate, addressing the homeland security concerns of federally recognized Indian tribes and other parties interested in Indian affairs.
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(2) Communicating relevant policies of the Department of Homeland Security to federally recognized Indian tribes and the public. (3) Promoting internal uniformity of Department of Homeland Security policies relating to Indian 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 section 1151 of title 18, United States Code) on the United States borders with Canada and with Mexico.
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(5) Coordinating with the Directorate for Information 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 governments. (6) Coordinating with the Directorate of Emergency Preparedness and Response and the Office of State and Local Government Coordination and Preparedness to help ensure that tribal governments are fully informed of, have access to, and may apply for all Department of Homeland Security grant opportunities for emergency response providers, and to develop and achieve preparedness goals for tribal governments that are consistent with national goals for terrorism preparedness, as determined by the Department.
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(7) Coordinating with the Director of Science and Technology to identify opportunities to conduct research and development of homeland security technologies or scientific understanding for tribal universities 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 functions to develop policies on issues related to citizenship and the movement of members of federally recognized Indian tribes across the United States border, taking into consideration the unique characteristics of certain federally recognized Indian tribes with jurisdiction over lands adjacent to the Canadian and Mexican borders.
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(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. 66. Transfer of Shadow Wolves from CPB to ICE
(a) Transfer of Existing Unit
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of U.S.
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Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit). (b) Establishment of New Units
The Secretary 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 transferred 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 preventing the smuggling of narcotics, weapons of mass destruction, and other contraband.
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(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. 67.
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DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds
(a) In general
Until the completion and implementation of the border security strategy described in section 51 of this Act, the Secretary of Homeland Security is authorized to transfer appropriated funds to the Secretary 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 bureaus, and tribal entities, including, the protection of border lands, critical infrastructure, and key resources.
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(b) Memorandum
The Secretary of Homeland Security and the Secretary of Interior shall enter into a memorandum of understanding regarding the funds described 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 activities for such projects, including equipment, recurring maintenance, construction of facilities, recapitalization of facilities, and operations. (c) Report
The appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C.
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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 appropriate congressional committees (as so defined) a copy of the memorandum of understanding described in subsection (b). 71.
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State identification document standards
(a) Standards for acceptance by Federal agencies
(1) In general
A Federal agency may not accept for any identification-related purpose a driver’s license or other comparable identification document issued by a State or subdivision thereof, including a birth certificate, unless the license or document is in a form that is consistent with requirements set forth in regulations promulgated by the Secretary of Homeland Security after consultation with the Department of Transportation, the chief driver’s license officials of each State, and any other organization determined appropriate by the Secretary that represents the States.
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The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating the license or document for fraudulent purposes and to limit use of the license or document by impostors. States or subdivisions thereof may use a biometric identifier in addition to these standards if they already do so, or choose to do so. (2) No national identification card
Nothing in this section shall be construed to authorize, directly or indirectly, the establishment, issuance, or use of a national identification card.
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(3) Deadline
The Secretary of Homeland Security shall promulgate the regulations referred to in paragraph (1) not later than 6 months after the date of the enactment of this Act. (b) Grants to state and local governments
(1) Grants to states
Beginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under that subsection.
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(2) Grants to local governments
Beginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to local governments to assist them in issuing birth certificates and other comparable identification documents that satisfy the requirements under that subsection. (3) Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Effective dates and Application
(1) In general
Except as otherwise provided in this subsection, this section shall take effect on the date of the enactment of this Act.
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(2) Prohibition on federal agencies
Subsection (b)(1)— (A) shall take effect beginning on October 1, 2006; and (B) shall apply only to— (i) a license or document issued to an individual for the first time; and (ii) a replacement or renewal license or document issued according to State or local law. 72. Training in fraud detection and prevention for officers in divisions of motor vehicles
The Federal Law Enforcement Training Center shall create a program to train employees of U.S.
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Immigration and Customs Enforcement to provide, in the States, training in fraud detection and prevention to State and local law enforcement officers stationed, or intended to be stationed, in divisions of motor vehicles. 81. Personnel increase
(a) Authorization
There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 225 the number of positions for full-time special agents of U.S. Immigration and Customs Enforcement carrying out duties related to border security above the number of such positions which existed at the end of fiscal year 2004.
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(b) Sense of Congress
It is the sense of the Congress that— (1) since U.S. Immigration and Customs Enforcement plays a key role in the fight against terrorism and in securing the borders, the Secretary of Homeland Security should work expeditiously to ensure all special agents and national security analytical support staff receive a Top Secret security clearance; and (2) maintenance of Top Secret security clearance must be a requirement of continued employment as a special agent. 82.
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ICE strategy and staffing assessment
(a) In general
Not later than December 31 of each year, the Secretary of Homeland Security shall submit to the Government Accountability Office and the appropriate 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 personnel) to accomplish its border security mission.
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(b) Review
Not later than 90 days after receiving any report under subsection (a), the Government Accountability Office shall submit to each appropriate congressional 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 security mission through legislative or administrative action. 85.
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Increase in detention space
(a) Funding increase
There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to ensure an average daily bed occupancy rate of 22,500 for detention and removal operations of U.S. Immigration and Customs Enforcement. (b) Personnel increase
There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 541 the number of positions for full-time employees of U.S.
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Immigration and Customs Enforcement carrying out duties in detention and removal operations above the number of such positions which existed at the end of fiscal year 2004. (c) Sense of Congress
It is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. The Secretary of Homeland Security is directed to move the Office of Detention and Removal Operations from U.S. Immigration and Customs Enforcement to U.S. Customs and Border Protection.
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(d) Report on homeland security detention needs
The Secretary of Homeland Security 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 report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. This report shall include information on alternatives to detention including electronic monitoring, telephone and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners release from Federal, State, and local prisons.
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Additionally the report should provide information on countries to which removal is problematic. 86. Sense of Congress regarding processing of criminal aliens while incarcerated
It is the sense of the Congress that immigration cases involving incarcerated criminal aliens should be processed while the criminal alien is in prison. In order to maximize the use of existing detention space, the Department of Homeland Security should work with prisons in which criminal aliens are incarcerated to complete their removal or deportation proceeding before such aliens are released from prison and sent to Federal detention. 87.
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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 authorized for appropriate staff increases for judicial and prosecutorial offices, commensurate with other personnel increases directed in this Act. 91.
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New class of nonimmigrant aliens
(a) In general
Section 101(a)(15)(S) of the Immigration 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 Security, the Secretary of State,
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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 supplied such information to a Federal or State court; and (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise, ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security,
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the Secretary 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 provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ;
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and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary 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 status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. 92.
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Adjustment of status of nonimmigrant to that of person admitted for permanent 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 paragraph (5); (3) by inserting after paragraph (2) the following: (3) If, in the opinion of the Secretary of Homeland Security, the Secretary of State,
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or the Attorney General— (A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and (B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation, the disruption of a commercial alien smuggling operation, or the prosecution 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,
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and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent 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.
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