Home > 106th Congressional Bills > H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...
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. There are authorized to be appropriated such sums
as are necessary to carry out this section.
SEC. 3. 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.''.
SEC. 4. 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.
TITLE II--STRENGTHENING COUNTER-PROLIFERATION
SEC. 11. 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.
(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.
SEC. 12. 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.
(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.
SEC. 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.
(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).
SEC. 14. 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.
SEC. 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''.
(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).
SEC. 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.
TITLE III--IMPROVING THE TERRORIST SCREENING CENTER
SEC. 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.
(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.
(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).
(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.
(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.
TITLE IV--IMPROVING BORDER SECURITY
SEC. 30. SHORT TITLE.
This title may be cited as the ``Secure Borders Act''.
Subtitle A--Securing Our Borders
CHAPTER 1--INFRASTRUCTURE ENHANCEMENTS
SEC. 31. 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.
(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.
SEC. 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. 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. 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.
(b) Follow-Up Assessments.--The Secretary of Homeland Security
shall conduct follow-up assessments of land border ports of entry every
2 years and shall submit such reports to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)).
SEC. 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. 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.
(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)).
(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.
(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.
(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;
(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; 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;
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