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108hr5291ih
; 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 necessar...
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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)...
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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, th...
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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 appropriat...
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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 i...
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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 protecte...
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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...
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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 Unite...
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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, tra...
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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) throug...
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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...
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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...
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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 s...
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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 su...
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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 Affai...
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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...
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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 Commerci...
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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 serv...
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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 a...
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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 Ov...
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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...
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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...
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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 ...
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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 s...
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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...
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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 de...
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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 o...
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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 repo...
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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 Immigr...
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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 fraudule...
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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 ...
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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...
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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 th...
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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 B...
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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...
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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 Citi...
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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 o...
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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 informat...
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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, t...
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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 ext...
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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...
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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 need...
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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 th...
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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 Secu...
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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 recommendatio...
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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 immigrat...
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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 ...
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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...
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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 peti...
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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 appl...
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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 ...
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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 In...
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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...
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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 busin...
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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, ...
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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, drain...
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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 b...
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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...
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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 rem...
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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 pu...
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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 ...
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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...
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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 compr...
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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 sys...
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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 transp...
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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 appropr...
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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 a...
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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 con...
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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 improv...
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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 me...
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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 associ...
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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 sys...
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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 Tr...
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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 se...
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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 stand...
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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 additiona...
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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 ...
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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 securit...
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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...
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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 e...
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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 requirem...
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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 Unit...
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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 de...
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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 th...
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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 i...
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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 congressi...
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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 ...
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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 Infrastructu...
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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 securi...
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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 ...