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108hr5291ih
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 ...
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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 speci...
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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 a...
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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 ...
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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 radiolo...
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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 t...
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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 Govern...
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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...
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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 State...
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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 ...
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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 inv...
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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 partn...
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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 u...
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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...
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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 a...
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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 ...
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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, F...
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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 c...
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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...
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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 t...
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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 ...
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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 revie...
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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 fr...
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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...
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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— ...
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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 capabili...
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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 deplo...
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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...
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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 ...
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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 Secur...
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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 ...
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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...
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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 ...
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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, ...
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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 Secu...
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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 Secret...
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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 Depa...
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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 Ini...
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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 est...
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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...
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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 H...
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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) Apprehe...
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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 exper...
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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 ...
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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 th...
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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 ma...
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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 Securi...
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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...
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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) s...
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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 Securi...
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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...
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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) s...
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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...
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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 s...
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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. Spec...
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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 Immigrati...
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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 Natural...
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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/Dep...
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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 th...
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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...
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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 esta...
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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 s...
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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 t...
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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 ...
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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 Dire...
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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 respons...
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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 th...
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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 Prepare...
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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 ...
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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 tha...
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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 sectio...
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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 Secr...
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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 ...
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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...
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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 standa...
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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...
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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 sub...
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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 fra...
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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 Secretar...
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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 ...
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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 re...
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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...
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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 ...
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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 co...
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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 an...
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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...
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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 prosec...
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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:...
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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 Se...
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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...
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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 statu...
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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...
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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 disr...
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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) (a...