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; and (4) by adding at the end the following: (6) If the Secretary of Homeland Security, the Secretary 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.. 95. Combating aggravated alien smuggling
(a) Criminal penalties
Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C.
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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 commercial 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.
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(b) Rewards program
Section 274 of the Immigration 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 subsection, the term aggravated alien smuggling means a violation for which increased penalties are provided under subsection (a)(4).
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(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 discretion 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 information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to commit an act of aggravated alien smuggling; (B) the arrest or conviction of any individual committing such an act;
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(C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an aggravated alien smuggling organization in whole or in significant part; or (E) the identification or location of an individual 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.
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(6) Ineligibility
An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing.
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(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 individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection.
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(8) Limitations and certification
(A) Maximum amount
No reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a aggravated alien smuggling operation. (B) Approval
Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security.
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(C) Certification for payment
Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.. (c) Outreach program
Section 274 of the Immigration and Nationality Act ( 8 U.S.C.
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1324 ), as amended by subsection (b), is further amended by adding at the end the following: (f) Outreach program
The Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for bringing in and harboring aliens in violation of this section; and (2) the financial rewards and other incentives available under subsection (e) for assisting in the investigation, disruption, or prosecution of an aggravated alien smuggling operation.. 96.
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Increased criminal sentences and fines for alien smuggling
(a) In general
Subject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) so as to— (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring,
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or inducing of— (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 aliens or more from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,
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000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 18, United States Code;
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and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity. (b) Exception
Subsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child).
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(c) Deadline
The United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act. 97. Increased penalty for smuggling
(a) In general
The third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘20 years’’.
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(b) Enhanced penalty for causing death
Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide sentencing enhancements for an offense under section 545 of title 18, United States Code, as amended by subsection (a), that results in the death of a person.
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(c) Consistency with other guidelines
In carrying out this section, the United States Sentencing Commission— (1) shall ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) shall avoid duplicative punishments for substantially the same offense. 101. Office of International Affairs; effective and efficient management and coordination of international assignments
Section 879(b) of the Homeland Security Act of 2002 ( 6 U.S.C.
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459(b) ) is amended by adding at the end the following: (5) To manage all overseas assignments of personnel of the Department, including by coordinating with the Department of State with respect to such assignments and related support matters.. 102. Creation of an Office of Overseas Service
Section 879 of the Homeland Security Act of 2002 ( 6 U.S.C.
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459 ) is amended by adding at the end the following: (c) Office of overseas service
(1) In general
The Secretary shall create an Office of Overseas Service within the Office of International Affairs similar to the Foreign Agricultural Service of the Department of Agriculture and the United States and Foreign Commercial Service of the Department of Commerce. The Director of the Office of International Affairs shall be responsible for administering the Office of Overseas Service.
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(2) Functions
The Office of Overseas Service shall be responsible for the following functions: (A) Serving as the contact for the Department of Homeland Security with the State Department to coordinate overseas assignments. (B) Recruitment of personnel for overseas service. (C) Retention of personnel for overseas service. (D) Oversight of training of personnel for overseas service.
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(3) Study and report
(A) Study
Prior to creating the Office of Overseas Service, the Secretary shall direct the Director of the Office of International Affairs to conduct a study on how best to create a foreign service component for the Department for the purpose of adequately recruiting and retaining personnel who are willing and able to serve in the Department in an overseas capacity.
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(B) Report
Not later than January 1, 2005, the Director of the Office of International Affairs shall prepare and submit to the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains the results of the study on creating an Office of Overseas Service conducted pursuant to subparagraph (A) and an implementation plan for carrying out such study’s recommendations.. 105. Implementing a more effective visa security program
(a) In general
Not later than 120 days after the date of the enactment of this Act,
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the Secretary of Homeland Security shall submit to the Congress a report— (1) outlining how the Department of Homeland Security will implement the recommendations of the report issued in August 2004 by the Office of the Inspector General of the Department of Homeland Security entitled An Evaluation of DHS Activities to Implement Section 428 of the Homeland Security Act of 2002 ; (2) detailing such department’s progress in implementing each of the recommendations described in paragraph (1); and (3) examining the visa security program’s effectiveness as a counter-terrorism program.
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(b) Consultation
In preparing the report described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of State. (c) Contents
The report shall also include the following: (1) Overseas placement of visa security officers
The report shall assess the criteria used in deciding where to station or not to station visa security officers (2) Qualifications of visa security officers
The report shall assess the skills required of a visa security officer, including required foreign language skills.
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(3) Duties
The report shall contain both the model visa security officer position description and the current duties of the visa security officers stationed overseas. (4) Placement within Department
The report shall contain a recommendation on the proper location of the program within Department of Homeland Security to maximize its value as a counter-terrorism program. 106.
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Visa waiver program passenger screening; biographical checks
(a) In general
The Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is required to submit biographical information prior to embarkation.
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(b) Elements
The electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility
The system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ).
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(2) Carrier obligations
The system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act ( 8 U.S.C. 1187(a)(5) ) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less.
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(3) Deployment
The system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee
The Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation
In developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in immigration, travel, tourism, privacy, national security, or computer security issues.
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107. Defining security responsibilities of the Visa Waiver Program Office
(a) In general
The Secretary of Homeland Security shall create a Visa Waiver Program Office. (b) Functions
The functions of the head of the Visa Waiver Program Office shall include the following: (1) Developing a plan to submit the annual report required under section 110(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note). (2) Developing protocols and a plan to conduct biennial country reviews.
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(3) Determining funding levels necessary to support the conduct of country reviews and to carry out the other responsibilities of the office. (4) Developing a process to comprehensively check all lost and stolen passport data provided countries designated as visa waiver program countries under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) against entry and exit data in information systems of the United States. (5) Developing procedures to collect and analyze data concerning the fraudulent use of visa waiver program passports. (6) Including in the country review protocols provisions to review document manufacturing and issuing security practices.
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(7) Coordinating with the Department of State to establish standard operating procedure for systemic and proactive collection of lost and stolen passport information. (8) Requiring that inventory control numbers and passport numbers be queried in lookout systems. (9) Reviewing policies that allow the return of fraudulent travel documents to those who presented them when they are sent back to their countries of origin. 108.
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Additional and continuous training for inspectors in fraud and imposter detection
(a) Fraud detection
The Secretary of Homeland Security shall provide inspectors conducting inspections of aliens entering the United States pursuant to the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) with enhanced and continuous training in detecting imposters and in passport and document fraud detection. Additional training should be provided when any program country designated under such section makes changes in its passports.
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The Secretary shall report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on the amount and the type of training received such inspectors on detecting and handling fraudulent documents. (b) Foreign languages
The Secretary of Homeland Security shall provide inspectors described in subsection (a) with foreign language training in languages determined to be necessary to carrying out the anti-terrorism and law enforcement functions of such inspectors.
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(c) Authorization of appropriations
There are authorized to be appropriated such funds as may be necessary to develop the capability to scan fraudulent documents and to transmit a high quality color image to the forensic document laboratory. The Secretary of Homeland Security shall ensure that staff is available in the Forensic Document Laboratory on a 24-hour basis to assist in determining the validity of the scanned document. 109. Authorization of funds
There are authorized to be appropriated such sums as may be necessary to carry out the functions described in this subchapter. 111.
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Immigration ombudsman
(a) Extension of authority to all immigration functions
Section 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended— (1) in subsection (a), by striking Citizenship and Immigration Services and inserting Immigration ; (2) in subsection (b)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S.
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Customs and Border Protection ; and (B) in each of paragraphs (2) and (3), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting such entities ; (3) in subsection (c)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b) ; and (B) in paragraph (2), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S.
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Immigration and Customs Enforcement, U.S. Customs and Border Protection Commissioner ; (4) in subsection (d)— (A) in paragraph (2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; and (B) in paragraph (4), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and U.S.
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Customs and Border Protection Commissioner ; (5) in subsection (e)(2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; (6) in subsection (f)— (A) by amending the subsection heading to read as follows: Responsibilities.— ; (B) by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and the U.S.
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Customs and Border Protection Commissioner ; and (C) by striking director each place such term appears and inserting person ; and (7) in subsection (g), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b). (b) Public information campaign; private sector input
(1) In general
Section 452(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(d) ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4),
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by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) shall launch a public information campaign; and (6) shall establish a group, which shall consist of private individuals, and Federal, State, and local government officials, with expertise in migration, travel, trade, or national security issues, to provide the Ombudsman with private sector input. (2) Authorization of appropriations
There are authorized to be appropriated for such sums as may be necessary to carry out the amendments made by paragraph (1).
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(c) Additional reporting requirements
Section 452(c) of the Homeland Security Act of 2002 ( 6 U.S.C.
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272(c) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) shall state the percentage of complaints that can be traced to delays in benefits processing; and (H) shall describe the extent to which delays in benefits processing are attributable to entities outside of the Department, particularly government agencies conducting background checks.. 112.
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CIS workflow, technology, and staffing assessment
(a) In general
The Comptroller General of the United States shall conduct a comprehensive assessment of U.S. Citizenship and Immigration Services within the Department of Homeland Security. Such assessment shall include study of personnel, administrative and technical support positions, technology, training, and facilities. (b) Workflow
As part of the study, the Comptroller General shall examine all elements of such unit’s workflow, in order to determine the most efficient way to handle its work without compromising security.
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Any obstacles associated with security matters should be identified and recommendations should be made on ways to minimize such obstacles without compromising security. The Comptroller General should assess the division of work, adequacy of infrastructure (particularly information technology), as well as personnel needs. (c) Interactions with other organizations
As part of the study, the Comptroller General shall examine the unit's interactions with other government organizations.
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Specifically, the Comptroller General shall determine whether existing memoranda of understanding and divisions of responsibility, especially any which pre-date the establishment of the Department of Homeland Security, need to be revised in order to improve the bureau’s service delivery. (d) Backlog cost
As part of the study, the Comptroller General shall assess the current cost of maintaining the backlog (as defined in section 203 of the Immigration Services and Infrastructure Improvements Act of 2000 ( 8 U.S.C. 1572 )).
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(e) Interviews
The Comptroller General may interview any front-line personnel, without supervisors present, to determine priorities and needs. (f) Information technology
Aspects of this study related to information technology should be coordinated with the Chief Information Officer for the Department of Homeland Security and should build on the findings of the task force established by section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–215 ).
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(g) Submission
The study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). It shall include recommendations for resource allocation. 113.
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Study on biometrics
(a) In general
The Secretary of Homeland Security, in consultation with the Director of the National Institute of Standards and Technology, shall conduct a study of all biometric identifiers that might be collected for purposes of processing and adjudicating applications and petitions for immigration benefits, and shall determine which among these identifiers would be most appropriate for the purposes described in subsection (b). The Secretary shall provide the resources necessary properly to conduct the study.
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(b) Uses
In carrying out subsection (a), the Secretary shall consider the use of a biometric identifier— (1) to register or catalogue a petition or application for an immigration benefit upon submission to the appropriate Federal agency; (2) to check the petitioner or applicant against watch lists; (3) as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ); and (4) to conduct background checks with Federal intelligence agencies.
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(c) Factors
The Secretary shall consider the following factors in making the determination under subsection (a): (1) Accuracy (2) The technology available. (3) Economic considerations. (4) Storage. (5) Efficiency. (d) Submission
The study should be completed within one year of enactment, and shall be submitted to the Secretary of State and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). 114.
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Digitizing immigration functions
(a) Digitized fingerprints
Not later than January 1, 2005, all fingerprints taken for purposes of adjudicating an application or petition for an immigration benefit shall be digitized. (b) Registering applications by biometric
Not later than January 1, 2005, all applications and petitions for an immigration benefit shall be registered or catalogued by the receiving agency using a biometric identifier. Initially, such biometric identifier shall be a fingerprint.
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Subsequently, the Secretary of Homeland Security may select one or more alternative biometric identifiers to be used for such purposes, taking into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements. 115. Study on digitizing immigration benefit applications
(a) In general
The Comptroller General of the United States shall conduct a comprehensive study on digitizing all applications and petitions for an immigration benefit, including digital storage, cataloguing, and the ability to apply for all types of immigration benefits through digital means.
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The study should consider costs for both the Federal Government and the applicant or petitioner, as well as the feasibility for all types of persons to apply by digital means. (b) Submission
The study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). 121.
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Public transportation system grants and training
(a) Homeland security public transportation grants
(1) Authorization
The Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism.
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The grant program shall be administered by the Under Secretary for Border and Transportation Security— (A) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (B) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (C) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards.
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(2) Considerations
Among the considerations on which grants shall be awarded are the following: (A) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation.
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(B) Merits of the proposed projects to increase national security, based on a consideration of— (i) threats; (ii) vulnerabilities; (iii) consequences, including human casualties and economic impacts; (iv) consequence management; (v) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (vi) feasibility, based on the technical and operational merits of the projects. (3) Allowable use of funds
Grants made under this subsection shall be used for the purposes of— (A) support for increased capital investments in cameras,
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close-circuit television, and other surveillance systems; (B) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (C) increased training, including for carrying out exercises under subsection (b), and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (D) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents;
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(E) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (F) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (G) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (H) expansion of employee education and public awareness campaigns regarding security on public transportation systems.
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(4) Eligible recipients
Grants shall be made available under this subsection directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (5) Accountability
The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this subsection are expended in accordance with the purposes of this section and the priorities and other criteria developed by the Secretary.
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If the Secretary determines that a recipient has used any portion of the grant funds received under this subsection for a purpose other than the allowable uses specified for that grant under this subsection, the grantee shall return any amount so used to the Treasury of the United States. (6) Procedures for grant award
The Secretary shall prescribe procedures and schedules for the awarding of grants under this subsection, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act.
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(7) Cost share
Grants made under this subsection shall account for no more than— (A) 85 percent for fiscal year 2005; (B) 80 percent for fiscal year 2006; and (C) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used.
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(8) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the purposes of this subsection— (A) $1,200,000,000 for fiscal year 2005; (B) $900,000,000 for fiscal year 2006; and (C) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this paragraph shall remain available until expended.
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(b) Training exercises
(1) Guidelines
Not later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under subsection (a) of appropriate exercises for emergency response and public transportation employee training purposes. (2) Plans
Not later than 6 months after receipt of a grant under subsection (a), the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under paragraph (1).
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(3) Exercises
(A) Requirement
Not later than 1 year after receipt of a grant under subsection (a), the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under paragraph (2). (B) Exemptions
The Secretary may exempt a grant recipient from the requirement under subparagraph (A) if the recipient has recently conducted an equivalent exercise.
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(C) Notice and report
Not later than 30 days after conducting an exercise under subparagraph (A) or as described in subparagraph (B), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this paragraph, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise.
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(4) Technical assistance
The Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (5) Use of plans
The Secretary shall ensure that information submitted to the Secretary under this subsection is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities.
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(c) Definition
For the purposes of this section— (1) the term public transportation employees means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit. 122.
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Public transportation security plan, best practices, and awareness
(a) Security best practices
The Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems.
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In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (b) Public awareness
Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security.
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Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this subsection.
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(c) Security plan
(1) Requirement
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall develop a strategic plan for the security of the Nation’s public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall— (A) include a comprehensive assessment of risks to the Nation’s public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack;
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(B) take into account actions taken or planned by both public and private entities to address identified security issues; (C) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in subsection (a)); (D) make prioritized recommendations for improving public transportation system security; (E) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (F) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems;
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(G) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (H) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (I) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (2) Implementation
The Secretary shall begin implementation of the plan not later than 3 months after its development.
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(3) Consultation; use of existing resources
In developing the plan under this subsection, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (4) Format
The Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary.
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(5) 2-Year updates
The Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress.
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(d) Definition
For the purposes of this section— (1) the term public transportation employees means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit. 123.
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Memorandum of Agreement
(a) In general
Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort.
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Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security. (b) Definition
For the purposes of this section the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit. 130. Short title
This title may be cited as the Secure Containers from Overseas and Seaports from Terrorism Act or the Secure COAST Act. 131.
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Amendments to the Homeland Security Act of 2002
(a) In general
Title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by adding at the end the following new subtitle: G Bureau of Customs and Border Protection Security Programs
481.
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Standards and verification procedures for the security of maritime cargo containers
(a) Standards and Verification Procedures
Not later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of maritime cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading.
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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 Operation Safe Commerce, the interagency Container Working Group, and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards
Maritime 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 maritime cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies relating to security seals.
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(c) Evaluation of Container Tracking Technologies, Container Targeting, and Security of Empty Containers
(1) Evaluation
The Secretary, acting through the Under Secretary for Border and Transportation Security, shall carry out the following: (A) Container tracking technologies
The Secretary shall evaluate the security benefits of existing technology for container tracking from the point of loading to its final destination, such as electronic seals or intrusion detection devices that can detect a physical breach of a container.
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In addition to determining the security benefits, the Secretary shall determine the costs, infrastructure, communication system, required to deploy such technology in the intermodal transportation system, including incentives for investment in such technology. (B) Container targeting
The Secretary shall evaluate trade information, in addition to cargo manifest information, such as purchase orders, port of origin data, and transshipment data, which would improve the ability of the Bureau of Customs and Border Protection to carry out risk analysis of containers.
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(2) Report
Not later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of the evaluations carried out under paragraph (1), including any recommendations thereto. 482.
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Validation of security measures under the C–TPAT program
(a) General Validation
Not later than September 30, 2005, and on an annual basis thereafter, the Commissioner of the Bureau of Customs and Border Protection shall conduct on site validations of each individual and entity participating in the C–TPAT program to ensure that the individual or entity is implementing appropriate security measures under the program. The Commissioner may certify private security companies to carry out the validation process described in the preceding sentence.
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(b) Specific Validation
The Commissioner shall establish inspection teams under the C–TPAT program to evaluate the program’s security requirements and, as circumstances warrant, to carry out unannounced inspections of individuals and entities participating in the program to ensure compliance with the security requirements. (c) Penalties for Non-Compliance
The Commissioner shall establish penalties for non-compliance with the requirements of the C–TPAT program by individuals and entities participating in the program, including probation or expulsion from the program, as appropriate. 483.
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Deployment of radiation detection portal equipment; integrated cargo inspection system
(a) Deployment of radiation detection portal equipment
(1) Deployment
Not later than September 30, 2005, the Commissioner of the Bureau of Customs and Border Protection shall deploy radiation detection portal equipment at all United States seaports, other United States ports of entry, and major facilities as determined by the Secretary. (2) Report
Not later than December 31, 2004, the Commissioner shall submit to the appropriate congressional committees a report on the implementation of the requirement under paragraph (1).
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(3) Authorization of appropriations
There is authorized to be appropriated to the Commissioner $290,000,000 for fiscal year 2005 to carry out this subsection. (b) Integrated Cargo Inspection System
(1) Plan
The Commissioner of the Bureau of Customs and Border Protection shall develop a plan to integrate radiation detection portal equipment with gamma-ray inspection technology equipment at United States seaports and foreign seaports that are participating the Container Security Initiative in order to facilitate the detection of nuclear weapons in maritime cargo containers.
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Such plan shall include methods for automatic identification of containers and vehicles for inspection in a timely manner and a data sharing network capable of transmitting gamma-ray images and cargo data among relevant ports and the National Targeting Center of the Bureau of Customs and Border Protection.
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(2) Report
Not later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains— (A) a description of the plan developed under paragraph (1), including any infrastructure improvements required at the seaports involved; (B) an estimate of the costs associated with implementation of the plan; and (C) an estimate of the timeframe for implementation of the plan. 484.
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Staffing assessment of seaport security missions
(a) Study
The Commissioner of the Bureau of Customs and Border Protection shall conduct a study to determine the number of Bureau inspectors and other appropriate personnel that should be stationed at United States seaports and foreign seaports that are participating in the Container Security Initiative (CSI) to support increased inspections of low risk cargo, deployment of personnel at foreign seaports for a period of at least one year, and the manning of radiation portal monitors installed at such seaports.
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In determining such number of Bureau inspectors, the Commissioner shall take into account the requirements contained in the other sections of this subtitle. (b) Report
Not later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains the results of the study conducted under subsection (a). 485.
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CSI report
Not later than 180 days after the date of the enactment of the Secure COAST Act , and on an annual basis thereafter, the Secretary, acting through the Commissioner of the Bureau of Customs and Border Protection, shall prepare and submit to the appropriate congressional committees a report that contains all cargo inspection data at foreign seaports participating in the Container Security Initiative (CSI) for the prior year. The initial report shall include the plan for the ‘strategic port’ phase of the CSI. 486.
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Definitions
In this subtitle: (1) Appropriate congressional committees
The term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Ways and Means, the Select Committee on Homeland Security (or any successor committee), and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Governmental Affairs of the Senate.
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(2) Bureau of customs and border protection or bureau
The term Bureau of Customs and Border Protection or Bureau means the Bureau of Customs and Border Protection of the Department. (3) Commissioner
The term Commissioner means the Commissioner of the Bureau of Customs and Border Protection.
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(4) Container security initiative or csi
The term Container Security Initiative or CSI means the program carried out by the Bureau of Customs and Border Protection under which Bureau personnel are deployed to major seaports outside the United States to work with their host country counterparts to— (A) establish security criteria to identify high-risk maritime cargo containers bound for the United States based on advance information; (B) identify and pre-screen such maritime cargo containers for chemical, biological, or nuclear weapons through examination or inspection; and (C) develop secure or smart maritime cargo containers.
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(5) C– TPAT program
The term C–TPAT program means the Customs-Trade Partnership Against Terrorism program carried out by the Bureau of Customs and Border Protection under which importers, brokers, air, sea, and land carriers, and other individuals and entities in the intermodal transportation system voluntarily enter into partnerships with the Bureau to establish and carry out a validation process to ensure that participants are implementing appropriate security measures to protect the system from being compromised by individual terrorists and terrorist organizations.
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