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] ...
States.
(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.
CHAPTER 5--ENHANCING BORDER SECURITY PROGRAMS
SEC. 61. 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.
(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. 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. 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, 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.
(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.
SEC. 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.
(b) Contents.-- The report described in subsection (a) shall
include information on--
(1) the plan for distribution of the card;
(2) the eligibility of Canadian and Mexican truck drivers
who are certified under the Free and Secure Trade (``FAST'')
initiative;
(3) selected biometric feature and other security features
of the card; and
(4) the cost of, and deployment schedule for, card-reading
equipment.
SEC. 63. 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.
(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.
(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.
SEC. 64. 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.
CHAPTER 6--SECURING OUR TRIBAL AND FEDERAL LANDS AND TERRITORIES
SEC. 65. OFFICE OF TRIBAL SECURITY.
(a) Establishment.--There is established within the Department of
Homeland Security the Office of Tribal Security.
(b) Director.--The Office of Tribal Security shall be administered
by a Director, who shall be appointed by the President by and with the
advice and consent of the Senate. The Director shall report directly to
the Secretary of Homeland Security.
(c) Duties.--The Director shall be responsible for coordinating
relations between the Federal Government and federally recognized
Indian tribes on issues relating to homeland security, which shall
include the following 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.
(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.
(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.
(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.
(9) Coordinating with other offices within the Department
of Homeland Security to develop and implement sound policies
regarding Indian country (as defined in section 1151 of title
18, United States Code) and tribal governments.
SEC. 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. 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.
(d) Basic Pay for Journeyman Officers.--The rate of basic pay for a
journeyman Customs Patrol Officer in a unit described in this section
shall be not greater than the rate of basic pay for GS-13 of the
General Schedule.
SEC. 67. 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.
(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. 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).
Subtitle B--Securing Identification Documents
SEC. 71. 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. 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.
(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.
(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.
(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.
SEC. 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. Immigration and Customs Enforcement to
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