U.S. Congress - Text of H.R.1645 as Introduced in House Security Through Regularized Immigration and a Vibrant Economy Act of 2007
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Donate NowH.R.1645 - Security Through Regularized Immigration and a Vibrant Economy Act of 2007
To provide for comprehensive immigration reform, and for other purposes.
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HR 1645 IHCommentsClose CommentsPermalink
To provide for comprehensive immigration reform, and for other purposes.CommentsClose CommentsPermalink
March 22, 2007
Mr. GUTIERREZ (for himself, Mr. FLAKE, Mr. BACA, Mr. LINCOLN DIAZ-BALART of Florida, Mr. EMANUEL, Mr. RADANOVICH, Ms. JACKSON-LEE of Texas, Mr. LAHOOD, Mr. CROWLEY, Mr. MARIO DIAZ-BALART of Florida, Ms. GIFFORDS, Ms. ROS-LEHTINEN, Ms. SCHAKOWSKY, Mr. FORTUN.AE6O, Mr. BECERRA, Mr. CARDOZA, Mr. CUELLAR, Mr. GONZALEZ, Mr. GRIJALVA, Mr. HINOJOSA, Mrs. NAPOLITANO, Mr. ORTIZ, Mr. PASTOR, Mr. REYES, Mr. RODRIGUEZ, Ms. ROYBAL-ALLARD, Mr. SALAZAR, Mr. SERRANO, Mr. SIRES, and Ms. SOLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
To provide for comprehensive immigration reform, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Security Through Regularized Immigration and a Vibrant Economy Act of 2007' or as the `STRIVE Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Reference to the Immigration and Nationality Act.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
Sec. 4. Severability.CommentsClose CommentsPermalink
Sec. 5. Certification requirements prior to implementation of the New Worker Program and the conditional nonimmigrant classification.CommentsClose CommentsPermalink
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.CommentsClose CommentsPermalink
Sec. 102. Technological assets.CommentsClose CommentsPermalink
Sec. 103. Infrastructure.CommentsClose CommentsPermalink
Sec. 104. Ports of entry.CommentsClose CommentsPermalink
Sec. 105. Secure communication.CommentsClose CommentsPermalink
Sec. 106. Unmanned aerial vehicles.CommentsClose CommentsPermalink
Sec. 107. Surveillance technologies programs.CommentsClose CommentsPermalink
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.CommentsClose CommentsPermalink
Sec. 112. National Strategy for Border Security.CommentsClose CommentsPermalink
Sec. 113. Reports on improving the exchange of information on North American security.CommentsClose CommentsPermalink
Sec. 114. Border Patrol training capacity review.CommentsClose CommentsPermalink
Sec. 115. Secure Border Initiative financial accountability.CommentsClose CommentsPermalink
Subtitle C--Southern Border Security
Sec. 121. Improving the security of Mexico's southern border.CommentsClose CommentsPermalink
Sec. 122. Report on deaths at the United States-Mexico border.CommentsClose CommentsPermalink
Sec. 123. Cooperation with the Government of Mexico.CommentsClose CommentsPermalink
Sec. 124. Temporary National Guard support for securing the southern land border of the United States.CommentsClose CommentsPermalink
Sec. 125. United States-Mexico Border Enforcement Review Commission.CommentsClose CommentsPermalink
Subtitle D--Secure Entry Initiatives
Sec. 131. Biometric data enhancements.CommentsClose CommentsPermalink
Sec. 132. US-VISIT System.CommentsClose CommentsPermalink
Sec. 133. Document fraud detection.CommentsClose CommentsPermalink
Sec. 134. Improved document integrity.CommentsClose CommentsPermalink
Sec. 135. Biometric entry-exit system.CommentsClose CommentsPermalink
Sec. 136. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.CommentsClose CommentsPermalink
Subtitle E--Law Enforcement Relief for States
Sec. 141. Border relief grant program.CommentsClose CommentsPermalink
Sec. 142. Northern and southern border prosecution initiative.CommentsClose CommentsPermalink
Subtitle F--Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.CommentsClose CommentsPermalink
Sec. 152. Border Patrol major assets.CommentsClose CommentsPermalink
Sec. 153. Electronic equipment.CommentsClose CommentsPermalink
Sec. 154. Personal equipment.CommentsClose CommentsPermalink
Sec. 155. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle G--Border Infrastructure and Technology Modernization
Sec. 161. Definitions.CommentsClose CommentsPermalink
Sec. 162. Port of Entry Infrastructure Assessment Study.CommentsClose CommentsPermalink
Sec. 163. National Land Border Security Plan.CommentsClose CommentsPermalink
Sec. 164. Expansion of commerce security programs.CommentsClose CommentsPermalink
Sec. 165. Port of entry technology demonstration program.CommentsClose CommentsPermalink
Sec. 166. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle H--Safe and Secure Detention
Sec. 171. Definitions.CommentsClose CommentsPermalink
Sec. 172. Recording secondary inspection interviews.CommentsClose CommentsPermalink
Sec. 173. Procedures governing detention decisions.CommentsClose CommentsPermalink
Sec. 174. Legal orientation program.CommentsClose CommentsPermalink
Sec. 175. Conditions of detention.CommentsClose CommentsPermalink
Sec. 176. Office of Detention Oversight.CommentsClose CommentsPermalink
Sec. 177. Secure alternatives program.CommentsClose CommentsPermalink
Sec. 178. Less restrictive detention facilities.CommentsClose CommentsPermalink
Sec. 179. Authorization of appropriations; effective date.CommentsClose CommentsPermalink
Subtitle I--Other Border Security Initiatives
Sec. 181. Combating human smuggling.CommentsClose CommentsPermalink
Sec. 182. Screening of municipal solid waste.CommentsClose CommentsPermalink
Sec. 183. Border security on certain Federal land.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Reducing the Number of Illegal Aliens in the United States
Sec. 201. Incarceration of criminal aliens.CommentsClose CommentsPermalink
Sec. 202. Encouraging aliens to depart voluntarily.CommentsClose CommentsPermalink
Sec. 203. Deterring aliens ordered removed from remaining in the United States unlawfully.CommentsClose CommentsPermalink
Sec. 204. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.CommentsClose CommentsPermalink
Sec. 205. Uniform statute of limitations for certain Immigration, naturalization, and peonage offenses.CommentsClose CommentsPermalink
Sec. 206. Expedited removal.CommentsClose CommentsPermalink
Sec. 207. Field agent allocation.CommentsClose CommentsPermalink
Sec. 208. Streamlined processing of background checks conducted for immigration benefit applications and petitions.CommentsClose CommentsPermalink
Sec. 209. State criminal alien assistance program.CommentsClose CommentsPermalink
Sec. 210. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.CommentsClose CommentsPermalink
Sec. 211. Reducing illegal immigration and alien smuggling on tribal lands.CommentsClose CommentsPermalink
Sec. 212. Mandatory address reporting requirements.CommentsClose CommentsPermalink
Sec. 213. State and local Enforcement of Federal Immigration laws.CommentsClose CommentsPermalink
Sec. 214. Increased criminal penalties related to drunk driving.CommentsClose CommentsPermalink
Sec. 215. Law enforcement authority of States and political subdivisions and transfer to Federal custody.CommentsClose CommentsPermalink
Sec. 216. Laundering of monetary instruments.CommentsClose CommentsPermalink
Sec. 217. Increase of Federal detention space and the utilization of facilities identified for closures as a result of the Defense Base Closure Realignment Act of 1990.CommentsClose CommentsPermalink
Sec. 218. Determination of immigration status of individuals charged with Federal offenses.CommentsClose CommentsPermalink
Sec. 219. Expansion of the Justice Prisoner and Alien Transfer System.CommentsClose CommentsPermalink
Sec. 220. Cancellation of visas.CommentsClose CommentsPermalink
Subtitle B--Passport and Visa Security
Sec. 221. Reform of passport fraud offenses.CommentsClose CommentsPermalink
Sec. 222. Other immigration reforms.CommentsClose CommentsPermalink
Subtitle C--Detention and Removal of Aliens Who Illegally Enter or Remain in the United States
Sec. 231. Detention and removal of aliens ordered removed.CommentsClose CommentsPermalink
Sec. 232. Increased criminal penalties for immigration violations.CommentsClose CommentsPermalink
Sec. 233. Aggravated felony.CommentsClose CommentsPermalink
Sec. 234. Increased criminal penalties related to gang violence, removal, and alien smuggling.CommentsClose CommentsPermalink
Sec. 235. Illegal entry.CommentsClose CommentsPermalink
Sec. 236. Illegal reentry.CommentsClose CommentsPermalink
TITLE III--EMPLOYMENT VERIFICATION
Sec. 301. Employment verification.CommentsClose CommentsPermalink
Sec. 302. Clarification of ineligibility for misrepresentation.CommentsClose CommentsPermalink
Sec. 303. Antidiscrimination protections.CommentsClose CommentsPermalink
Sec. 304. Additional protections.CommentsClose CommentsPermalink
Sec. 305. Additional worksite enforcement and fraud detection agents.CommentsClose CommentsPermalink
Sec. 306. Amendments to the Social Security Act and the Internal Revenue Code.CommentsClose CommentsPermalink
TITLE IV--NEW WORKER PROGRAM
Sec. 401. Nonimmigrant worker.CommentsClose CommentsPermalink
Sec. 402. Admission of nonimmigrant workers.CommentsClose CommentsPermalink
Sec. 403. Employer obligations.CommentsClose CommentsPermalink
Sec. 404. Alien employment management system.CommentsClose CommentsPermalink
Sec. 405. Recruitment of United States workers.CommentsClose CommentsPermalink
Sec. 406. Numerical limitations.CommentsClose CommentsPermalink
Sec. 407. Adjustment to lawful permanent resident status.CommentsClose CommentsPermalink
Sec. 408. Requirements for participating countries.CommentsClose CommentsPermalink
Sec. 409. Compliance investigators.CommentsClose CommentsPermalink
Sec. 410. Standing commission on immigration and labor markets.CommentsClose CommentsPermalink
Sec. 411. Admission of nonimmigrants.CommentsClose CommentsPermalink
Sec. 412. Agency representation and coordination.CommentsClose CommentsPermalink
Sec. 413. Sense of Congress regarding personal protective equipment.CommentsClose CommentsPermalink
Sec. 414. Rulemaking; effective date.CommentsClose CommentsPermalink
Sec. 415. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE V--VISA REFORMS
Subtitle A--Backlog Reduction
Sec. 501. Elimination of existing backlogs.CommentsClose CommentsPermalink
Sec. 502. Increasing country limits and exempting family-sponsored and employment-based immigrants.CommentsClose CommentsPermalink
Sec. 503. Allocation of immigrant visas.CommentsClose CommentsPermalink
Sec. 504. Nursing shortage.CommentsClose CommentsPermalink
Sec. 505. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability.CommentsClose CommentsPermalink
Sec. 506. Powerline workers and boilermakers.CommentsClose CommentsPermalink
Sec. 507. H-1B visas.CommentsClose CommentsPermalink
Sec. 508. United States educated immigrants.CommentsClose CommentsPermalink
Sec. 509. Student visa reform.CommentsClose CommentsPermalink
Sec. 510. L-1 visa holders subject to visa backlog.CommentsClose CommentsPermalink
Sec. 511. Retaining workers subject to green card backlog.CommentsClose CommentsPermalink
Sec. 512. Streamlining the adjudication process for established employers.CommentsClose CommentsPermalink
Sec. 513. Providing premium processing of Employment-Based visa petitions.CommentsClose CommentsPermalink
Sec. 514. Eliminating procedural delays in labor certification process.CommentsClose CommentsPermalink
Sec. 515. Visa revalidation.CommentsClose CommentsPermalink
Sec. 516. Relief for minor children and widows.CommentsClose CommentsPermalink
Sec. 517. Relief for widows and orphans.CommentsClose CommentsPermalink
Sec. 518. Sons and daughters of Filipino World War II veterans.CommentsClose CommentsPermalink
Sec. 519. Determinations under the Haitian Refugee Immigration Fairness Act of 1998.CommentsClose CommentsPermalink
Sec. 520. S visas.CommentsClose CommentsPermalink
Sec. 521. L visa limitations.CommentsClose CommentsPermalink
Sec. 522. Establishment of new fashion model nonimmigrant classification.CommentsClose CommentsPermalink
Sec. 523. EB-5 regional center program.CommentsClose CommentsPermalink
Sec. 524. Return of Talent Program.CommentsClose CommentsPermalink
Subtitle B--Preservation of Immigration Benefits for Victims of a Major Disaster or Emergency
Sec. 531. Short title.CommentsClose CommentsPermalink
Sec. 532. Definitions.CommentsClose CommentsPermalink
Sec. 533. Special immigrant status.CommentsClose CommentsPermalink
Sec. 534. Extension of filing or reentry deadlines.CommentsClose CommentsPermalink
Sec. 535. Humanitarian relief for certain surviving spouses and children.CommentsClose CommentsPermalink
Sec. 536. Recipient of public benefits.CommentsClose CommentsPermalink
Sec. 537. Age-out protection.CommentsClose CommentsPermalink
Sec. 538. Employment eligibility verification.CommentsClose CommentsPermalink
Sec. 539. Naturalization.CommentsClose CommentsPermalink
Sec. 540. Discretionary authority.CommentsClose CommentsPermalink
Sec. 541. Evidentiary standards and regulations.CommentsClose CommentsPermalink
Sec. 542. Identification documents.CommentsClose CommentsPermalink
Sec. 543. Waiver of regulations.CommentsClose CommentsPermalink
Sec. 544. Notices of change of address.CommentsClose CommentsPermalink
Sec. 545. Foreign students and exchange program participants.CommentsClose CommentsPermalink
TITLE VI--LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Conditional Nonimmigrants
Sec. 601. Conditional nonimmigrants.CommentsClose CommentsPermalink
Sec. 602. Adjustment of status for conditional nonimmigrants.CommentsClose CommentsPermalink
Sec. 603. Administrative and judicial review.CommentsClose CommentsPermalink
Sec. 604. Mandatory disclosure of information.CommentsClose CommentsPermalink
Sec. 605. Penalties for false statements in applications.CommentsClose CommentsPermalink
Sec. 606. Aliens not subject to direct numerical limitations.CommentsClose CommentsPermalink
Sec. 607. Employer protections.CommentsClose CommentsPermalink
Sec. 608. Limitations on eligibility.CommentsClose CommentsPermalink
Sec. 609. Rulemaking.CommentsClose CommentsPermalink
Sec. 610. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--DREAM Act of 2007
Sec. 621. Short title.CommentsClose CommentsPermalink
Sec. 622. Definitions.CommentsClose CommentsPermalink
Sec. 623. Restoration of State option to determine residency for purposes of higher education benefits.CommentsClose CommentsPermalink
Sec. 624. Cancellation of removal and adjustment of status of certain long-term residents who entered the United States as children.CommentsClose CommentsPermalink
Sec. 625. Conditional permanent resident status.CommentsClose CommentsPermalink
Sec. 626. Retroactive benefits under this Act.CommentsClose CommentsPermalink
Sec. 627. Exclusive jurisdiction.CommentsClose CommentsPermalink
Sec. 628. Penalties for false statements in application.CommentsClose CommentsPermalink
Sec. 629. Confidentiality of information.CommentsClose CommentsPermalink
Sec. 630. Expedited processing of applications; prohibition on fees.CommentsClose CommentsPermalink
Sec. 631. Higher education assistance.CommentsClose CommentsPermalink
Sec. 632. GAO report.CommentsClose CommentsPermalink
Subtitle C--AgJOBS Act of 2007
Sec. 641. Short title.CommentsClose CommentsPermalink
Sec. 642. Definitions.CommentsClose CommentsPermalink
Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers
subchapter a--blue card status
Sec. 643. Requirements for blue card status.CommentsClose CommentsPermalink
Sec. 644. Treatment of aliens granted blue card status.CommentsClose CommentsPermalink
Sec. 645. Adjustment to permanent residence.CommentsClose CommentsPermalink
Sec. 646. Applications.CommentsClose CommentsPermalink
Sec. 647. Waiver of numerical limitations and certain grounds for inadmissibility.CommentsClose CommentsPermalink
Sec. 648. Administrative and judicial review.CommentsClose CommentsPermalink
Sec. 649. Use of information.CommentsClose CommentsPermalink
Sec. 650. Regulations, effective date, authorization of appropriations.CommentsClose CommentsPermalink
subchapter b--correction of social security records
Sec. 651. Correction of Social Security records.CommentsClose CommentsPermalink
Chapter 2--Reform of H-2A Worker Program
Sec. 652. Amendment to the Immigration and Nationality Act.CommentsClose CommentsPermalink
Chapter 3--Miscellaneous Provisions
Sec. 653. Determination and use of user fees.CommentsClose CommentsPermalink
Sec. 654. Regulations.CommentsClose CommentsPermalink
Sec. 655. Reports to Congress.CommentsClose CommentsPermalink
Sec. 656. Effective date.CommentsClose CommentsPermalink
Subtitle D--Programs to Assist Nonimmigrant Workers
Sec. 661. Grants to support public education and community training.CommentsClose CommentsPermalink
Sec. 662. Grant program to assist applicants for naturalization.CommentsClose CommentsPermalink
Sec. 663. Strengthening American citizenship.CommentsClose CommentsPermalink
Sec. 664. Addressing poverty in Mexico.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS
Subtitle A--Increasing Court Personnel
Sec. 701. Additional immigration personnel.CommentsClose CommentsPermalink
Sec. 702. Senior judge participation in the selection of magistrates.CommentsClose CommentsPermalink
Sec. 703. Study on the appellate process for immigration appeals.CommentsClose CommentsPermalink
Sec. 704. Sense of Congress regarding the establishment of an immigration court system.CommentsClose CommentsPermalink
Subtitle B--Citizenship Assistance for Members of the Armed Services
Sec. 711. Waiver of requirement for fingerprints for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 712. Noncitizen membership in the Armed Forces.CommentsClose CommentsPermalink
Sec. 713. Provision of information on naturalization to members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 714. Provision of information on naturalization to the public.CommentsClose CommentsPermalink
Sec. 715. Reports.CommentsClose CommentsPermalink
Subtitle C--Family Humanitarian Relief
Sec. 721. Adjustment of status for certain nonimmigrant victims of terrorism.CommentsClose CommentsPermalink
Sec. 722. Cancellation of removal for certain immigrant victims of terrorism.CommentsClose CommentsPermalink
Sec. 723. Exceptions.CommentsClose CommentsPermalink
Sec. 724. Evidence of death.CommentsClose CommentsPermalink
Sec. 725. Definitions.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 731. Office of Internal Corruption Investigation.CommentsClose CommentsPermalink
Sec. 732. Adjustment of status for certain persecuted religious minorities.CommentsClose CommentsPermalink
Sec. 733. Eligibility of agricultural and forestry workers for certain legal assistance.CommentsClose CommentsPermalink
Sec. 734. State court interpreter grants.CommentsClose CommentsPermalink
Sec. 735. Adequate notice for alternate country of removal.CommentsClose CommentsPermalink
Sec. 736. Standards for biometric documents.CommentsClose CommentsPermalink
Sec. 737. State Impact Assistance Account.CommentsClose CommentsPermalink
Sec. 738. New Worker Program and Conditional Nonimmigrant Fee Account.CommentsClose CommentsPermalink
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act (
SEC. 3. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) DEPARTMENT- Except as otherwise provided, the term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink
(2) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink
SEC. 4. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected by such holding.CommentsClose CommentsPermalink
SEC. 5. CERTIFICATION REQUIREMENTS PRIOR TO IMPLEMENTATION OF THE NEW WORKER PROGRAM AND THE CONDITIONAL NONIMMIGRANT CLASSIFICATION.
Notwithstanding any other provision of this Act, the Secretary may not implement the New Worker Program established in the amendments made by title IV or grant conditional nonimmigrant classification under the amendments made by title VI prior to the date that the Secretary submits to the President and Congress a certification that the following conditions have been met:CommentsClose CommentsPermalink
(1) SECURE BORDER- The Secretary has submitted to Congress a report on the status of the implementation of the border surveillance technology improvements described in the Secure Border Initiative, including target dates for the completion of such improvements.CommentsClose CommentsPermalink
(2) SECURE DOCUMENTS- That the systems and infrastructure necessary to carry out the improvements to immigration document security required by this Act and the amendments made by this Act, including documents that will be issued under the New Worker Program and to aliens granted conditional nonimmigrant classification, have been developed, tested for reliability and accuracy, and are ready for use, including systems and infrastructure necessary to permit the Director of the Federal Bureau of Investigation to conduct required background checks.CommentsClose CommentsPermalink
(3) FIRST PHASE IMPLEMENTATION OF THE ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM- The first phase of the Electronic Employment Verification System described in section 274A of the Immigration and Nationality Act, as amended by section 301 of this Act, for critical infrastructure employers described in subsection (c)(10)(i) of such section 274A has been implemented.CommentsClose CommentsPermalink
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Port of Entry Inspectors-CommentsClose CommentsPermalink
(1) ADDITIONAL INSPECTORS- In each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out paragraph (1).CommentsClose CommentsPermalink
(b) Border Patrol Agents- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) Annual Increases- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by--CommentsClose CommentsPermalink
`(1) 2,000 in fiscal year 2008;CommentsClose CommentsPermalink
`(2) 2,400 in fiscal year 2009;CommentsClose CommentsPermalink
`(3) 2,400 in fiscal year 2010;CommentsClose CommentsPermalink
`(4) 2,400 in fiscal year 2011; andCommentsClose CommentsPermalink
`(5) 2,400 in fiscal year 2012.CommentsClose CommentsPermalink
`(b) Northern Border- In each of the fiscal years 2008 through 2012, in addition to the Border Patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of Border Patrol agents equal to not less than 20 percent of the net increase in Border Patrol agents during each such fiscal year.CommentsClose CommentsPermalink
`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.'.CommentsClose CommentsPermalink
(c) Investigative Personnel-CommentsClose CommentsPermalink
(1) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(2) ADDITIONAL PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
(d) Deputy United States Marshals-CommentsClose CommentsPermalink
(1) ADDITIONAL UNITED STATES MARSHALS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals that investigate criminal matters related to immigration.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out paragraph (1).CommentsClose CommentsPermalink
(e) Recruitment of Former Members of the Armed Forces and Members of Reserve Components of the Armed Forces-CommentsClose CommentsPermalink
(1) REQUIREMENT FOR PROGRAM- The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members or former members of the Armed Forces to serve in United States Customs and Border Protection.CommentsClose CommentsPermalink
(2) REPORT ON RECRUITMENT INCENTIVES-CommentsClose CommentsPermalink
(A) REQUIREMENT- Not later than 60 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Protection. The Secretary and the Secretary of Defense shall assume that the cost of any such incentive shall be borne by the Secretary.CommentsClose CommentsPermalink
(B) CONTENT- The report required by subparagraph (A) shall include--CommentsClose CommentsPermalink
(i) an assessment of the desirability and feasibility of offering any incentive, including a monetary incentive, that the Secretary and the Secretary of Defense jointly consider appropriate, regardless of whether such incentive is authorized by law or regulations on the date of enactment of this Act;CommentsClose CommentsPermalink
(ii) a detailed assessment of the desirability and feasibility of such an incentive that would--CommentsClose CommentsPermalink
(I) encourage service in United States Customs and Border Protection by a covered member or a former member of the Armed Forces who provided border patrol or border security assistance to United States Customs and Border Protection as part of the member's duties as a member of the Armed Forces; andCommentsClose CommentsPermalink
(II) leverage military training and experience by accelerating training, or allowing credit to be applied to related areas of training, required for service with United States Customs and Border Protection;CommentsClose CommentsPermalink
(iii) a description of various monetary and non-monetary incentives considered for purposes of the report;CommentsClose CommentsPermalink
(iv) an assessment of the desirability and feasibility of utilizing any such incentive for the purpose described in subparagraph (A); andCommentsClose CommentsPermalink
(v) any other matter that the Secretary and the Secretary of Defense jointly consider appropriate.CommentsClose CommentsPermalink
(3) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--CommentsClose CommentsPermalink
(i) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink
(B) COVERED MEMBER OR FORMER MEMBER OF THE ARMED FORCES- The term `covered member or former member of the Armed Forces' means an individual--CommentsClose CommentsPermalink
(i) who is a member of a reserve component of the Armed Forces; orCommentsClose CommentsPermalink
(ii) who is a former member of the Armed Forces within 2 years of separation from service in the Armed Forces.CommentsClose CommentsPermalink
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Increased Availability of Equipment- The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.CommentsClose CommentsPermalink
(b) Report- Not later than 6 months after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains--CommentsClose CommentsPermalink
(1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment;CommentsClose CommentsPermalink
(2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; andCommentsClose CommentsPermalink
(3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.CommentsClose CommentsPermalink
(c) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under subsection (b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.CommentsClose CommentsPermalink
(d) Construction- Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities- Subject to the availability of appropriations, the Secretary shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink
SEC. 104. PORTS OF ENTRY.
The Secretary is authorized to--CommentsClose CommentsPermalink
(1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; andCommentsClose CommentsPermalink
(2) make necessary improvements to the ports of entry in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 105. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities--CommentsClose CommentsPermalink
(1) among all Border Patrol agents conducting operations between ports of entry;CommentsClose CommentsPermalink
(2) between Border Patrol agents and their respective Border Patrol stations;CommentsClose CommentsPermalink
(3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; andCommentsClose CommentsPermalink
(4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.CommentsClose CommentsPermalink
SEC. 106. UNMANNED AERIAL VEHICLES.
(a) Unmanned Aerial Vehicles and Associated Infrastructure- The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as--CommentsClose CommentsPermalink
(1) additional sensors;CommentsClose CommentsPermalink
(2) critical spares;CommentsClose CommentsPermalink
(3) satellite command and control; andCommentsClose CommentsPermalink
(4) other necessary equipment for operational support.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 and 2009 such sums as may be necessary to carry out subsection (a).CommentsClose CommentsPermalink
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended.CommentsClose CommentsPermalink
SEC. 107. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance Program-CommentsClose CommentsPermalink
(1) IN GENERAL- In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(2) ASSESSMENT AND CONSULTATION REQUIREMENTS- In developing the program under this subsection, the Secretary shall--CommentsClose CommentsPermalink
(A) consider current and proposed aerial surveillance technologies;CommentsClose CommentsPermalink
(B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;CommentsClose CommentsPermalink
(C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; andCommentsClose CommentsPermalink
(D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.CommentsClose CommentsPermalink
(3) ADDITIONAL REQUIREMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The program developed under this subsection shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances--CommentsClose CommentsPermalink
(i) the significance of previous experiences with such technologies in border security or critical infrastructure protection;CommentsClose CommentsPermalink
(ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; andCommentsClose CommentsPermalink
(iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.CommentsClose CommentsPermalink
(4) CONTINUED USE OF AERIAL SURVEILLANCE TECHNOLOGIES- The Secretary may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies.CommentsClose CommentsPermalink
(5) REPORT TO CONGRESS- Not later than 180 days after implementing the program under this subsection, the Secretary shall submit to Congress a report regarding such program. The Secretary shall include in the report a description of such program together with any recommendations that the Secretary finds appropriate for enhancing the program.CommentsClose CommentsPermalink
(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
(b) Integrated and Automated Surveillance Program-CommentsClose CommentsPermalink
(1) REQUIREMENT FOR PROGRAM- Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a `virtual fence' along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program.CommentsClose CommentsPermalink
(2) PROGRAM COMPONENTS- The Secretary shall ensure, to the maximum extent feasible, that--CommentsClose CommentsPermalink
(A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;CommentsClose CommentsPermalink
(B) cameras utilized in the Program do not have to be manually operated;CommentsClose CommentsPermalink
(C) such camera views and positions are not fixed;CommentsClose CommentsPermalink
(D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers;CommentsClose CommentsPermalink
(E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;CommentsClose CommentsPermalink
(F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;CommentsClose CommentsPermalink
(G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;CommentsClose CommentsPermalink
(H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure;CommentsClose CommentsPermalink
(I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; andCommentsClose CommentsPermalink
(J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions.CommentsClose CommentsPermalink
(3) REPORT TO CONGRESS- Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program.CommentsClose CommentsPermalink
(4) EVALUATION OF CONTRACTORS-CommentsClose CommentsPermalink
(A) REQUIREMENT FOR STANDARDS- The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.CommentsClose CommentsPermalink
(B) REVIEW BY THE INSPECTOR GENERAL-CommentsClose CommentsPermalink
(i) IN GENERAL- The Inspector General of the Department shall review each new contract related to the Program that has a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules.CommentsClose CommentsPermalink
(ii) REPORTS- The Inspector General shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings.CommentsClose CommentsPermalink
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan- The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(b) Content- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of enactment of this Act.CommentsClose CommentsPermalink
(3) A description of how the Commissioner of the United States Customs and Border Protection is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology.CommentsClose CommentsPermalink
(4) A description of the specific surveillance technology to be deployed.CommentsClose CommentsPermalink
(5) Identification of any obstacles that may impede such deployment.CommentsClose CommentsPermalink
(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.CommentsClose CommentsPermalink
(7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles.CommentsClose CommentsPermalink
(8) A description of the program to fully integrate and utilize aerial surveillance technologies developed pursuant to section 107(a).CommentsClose CommentsPermalink
(9) A description of the Integrated and Automated Surveillance Program established pursuant to section 107(b).CommentsClose CommentsPermalink
(c) Submission to Congress- Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress the plan required by this section.CommentsClose CommentsPermalink
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy- The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(b) Content- The National Strategy for Border Security shall include the following:CommentsClose CommentsPermalink
(1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 111.CommentsClose CommentsPermalink
(2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(3) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken--CommentsClose CommentsPermalink
(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; andCommentsClose CommentsPermalink
(B) to protect critical infrastructure at or near such ports of entry or borders.CommentsClose CommentsPermalink
(4) An assessment of the legal requirements that prevent achieving and maintaining operational control over the entire international land and maritime borders of the United States.CommentsClose CommentsPermalink
(5) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.CommentsClose CommentsPermalink
(6) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.CommentsClose CommentsPermalink
(7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.CommentsClose CommentsPermalink
(8) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations.CommentsClose CommentsPermalink
(9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(10) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(11) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.CommentsClose CommentsPermalink
(12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.CommentsClose CommentsPermalink
(13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.CommentsClose CommentsPermalink
(c) Consultation- In developing the National Strategy for Border Security, the Secretary shall consult with representatives of--CommentsClose CommentsPermalink
(1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; andCommentsClose CommentsPermalink
(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.CommentsClose CommentsPermalink
(d) Coordination- The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.CommentsClose CommentsPermalink
(e) Submission to Congress-CommentsClose CommentsPermalink
(1) STRATEGY- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security.CommentsClose CommentsPermalink
(2) UPDATES- The Secretary shall submit to Congress any update of such Strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.CommentsClose CommentsPermalink
(f) Immediate Action- Nothing in this section or section 111 may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.CommentsClose CommentsPermalink
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.
(a) Requirement for Reports- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on improving the exchange of information related to the security of North America.CommentsClose CommentsPermalink
(b) Contents- Each report submitted under subsection (a) shall contain a description of the following:CommentsClose CommentsPermalink
(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including--CommentsClose CommentsPermalink
(A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including--CommentsClose CommentsPermalink
(i) passports;CommentsClose CommentsPermalink
(ii) visas; andCommentsClose CommentsPermalink
(iii) permanent resident cards;CommentsClose CommentsPermalink
(B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents and to promote information sharing;CommentsClose CommentsPermalink
(C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States; andCommentsClose CommentsPermalink
(D) providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with visa and travel documents.CommentsClose CommentsPermalink
(2) IMMIGRATION AND VISA MANAGEMENT- The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made--CommentsClose CommentsPermalink
(A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; andCommentsClose CommentsPermalink
(B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends.CommentsClose CommentsPermalink
(3) VISA POLICY COORDINATION AND IMMIGRATION SECURITY- The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made--CommentsClose CommentsPermalink
(A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows;CommentsClose CommentsPermalink
(B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including--CommentsClose CommentsPermalink
(i) application process;CommentsClose CommentsPermalink
(ii) interview policy;CommentsClose CommentsPermalink
(iii) general screening procedures;CommentsClose CommentsPermalink
(iv) visa validity;CommentsClose CommentsPermalink
(v) quality control measures; andCommentsClose CommentsPermalink
(vi) access to appeal or review;CommentsClose CommentsPermalink
(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;CommentsClose CommentsPermalink
(D) in providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with immigration violators;CommentsClose CommentsPermalink
(E) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers;CommentsClose CommentsPermalink
(F) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; andCommentsClose CommentsPermalink
(G) in collecting 10 fingerprints from each individual who applies for a visa.CommentsClose CommentsPermalink
(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States.CommentsClose CommentsPermalink
(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including the progress made--CommentsClose CommentsPermalink
(A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country;CommentsClose CommentsPermalink
(B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; andCommentsClose CommentsPermalink
(C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country.CommentsClose CommentsPermalink
(6) MONEY LAUNDERING, CURRENCY SMUGGLING, AND ALIEN SMUGGLING- The progress made in improving information sharing and law enforcement cooperation in combating organized crime, including the progress made--CommentsClose CommentsPermalink
(A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives;CommentsClose CommentsPermalink
(B) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;CommentsClose CommentsPermalink
(C) in developing a joint threat assessment on organized crime between Canada and the United States;CommentsClose CommentsPermalink
(D) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;CommentsClose CommentsPermalink
(E) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; andCommentsClose CommentsPermalink
(F) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking.CommentsClose CommentsPermalink
(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with known and suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams.CommentsClose CommentsPermalink
SEC. 114. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United States shall conduct a review of the basic training provided to Border Patrol agents by the Secretary to ensure that such training is provided as efficiently and cost-effectively as possible.CommentsClose CommentsPermalink
(b) Components of Review- The review under subsection (a) shall include the following components:CommentsClose CommentsPermalink
(1) An evaluation of the length and content of the basic training curriculum provided to new Border Patrol agents by the Federal Law Enforcement Training Center, including a description of how such curriculum has changed since September 11, 2001, and an evaluation of language and cultural diversity training programs provided within such curriculum.CommentsClose CommentsPermalink
(2) A review and a detailed breakdown of the costs incurred by United States Customs and Border Protection and the Federal Law Enforcement Training Center to train 1 new Border Patrol agent.CommentsClose CommentsPermalink
(3) A comparison, based on the review and breakdown under paragraph (2), of the costs, effectiveness, scope, and quality, including geographic characteristics, with other similar training programs provided by State and local agencies, nonprofit organizations, universities, and the private sector.CommentsClose CommentsPermalink
(4) An evaluation of whether utilizing comparable non-Federal training programs, proficiency testing, and long-distance learning programs may affect--CommentsClose CommentsPermalink
(A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year;CommentsClose CommentsPermalink
(B) the per agent costs of basic training; andCommentsClose CommentsPermalink
(C) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent.CommentsClose CommentsPermalink
SEC. 115. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department shall review each contract action relating to the Secure Border Initiative having a value of more than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and time lines. The Inspector General shall complete a review under this subsection with respect to each contract action--CommentsClose CommentsPermalink
(1) not later than 60 days after the date of the initiation of the action; andCommentsClose CommentsPermalink
(2) upon the conclusion of the performance of the contract.CommentsClose CommentsPermalink
(b) Inspector General-CommentsClose CommentsPermalink
(1) ACTION- If the Inspector General becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under subsection (a), the Inspector General shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to the Secretary, or to another appropriate official of the Department, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative.CommentsClose CommentsPermalink
(2) REPORT- Upon the completion of each review described in subsection (a), the Inspector General shall submit to the Secretary a report containing the findings of the review, including findings regarding--CommentsClose CommentsPermalink
(A) cost overruns;CommentsClose CommentsPermalink
(B) significant delays in contract execution;CommentsClose CommentsPermalink
(C) lack of rigorous departmental contract management;CommentsClose CommentsPermalink
(D) insufficient departmental financial oversight;CommentsClose CommentsPermalink
(E) bundling that limits the ability of small businesses to compete; orCommentsClose CommentsPermalink
(F) other high-risk business practices.CommentsClose CommentsPermalink
(c) Reports by the Secretary-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the receipt of each report required under subsection (b)(2), the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, that describes--CommentsClose CommentsPermalink
(A) the findings of the report received from the Inspector General; andCommentsClose CommentsPermalink
(B) the steps the Secretary has taken, or plans to take, to address the problems identified in such report.CommentsClose CommentsPermalink
(2) CONTRACTS WITH FOREIGN COMPANIES- Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative.CommentsClose CommentsPermalink
(d) Reports on United States Ports- Not later that 30 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Committee on Foreign Investment in the United States shall submit a report to Congress that describes--CommentsClose CommentsPermalink
(1) the proposed purchase;CommentsClose CommentsPermalink
(2) any security concerns related to the proposed purchase; andCommentsClose CommentsPermalink
(3) the manner in which such security concerns have been addressed.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- In addition to amounts that are otherwise authorized to be appropriated to the Office of the Inspector General of the Department, there are authorized to be appropriated to the Office, to enable the Office to carry out this section--CommentsClose CommentsPermalink
(1) for fiscal year 2008, not less than 5 percent of the overall budget of the Office for such fiscal year;CommentsClose CommentsPermalink
(2) for fiscal year 2009, not less than 6 percent of the overall budget of the Office for such fiscal year; andCommentsClose CommentsPermalink
(3) for fiscal year 2010, not less than 7 percent of the overall budget of the Office for such fiscal year.CommentsClose CommentsPermalink
Subtitle C--Southern Border Security
SEC. 121. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance- The Secretary of State, in coordination with the Secretary, shall work to cooperate with the head of Foreign Affairs Canada and the appropriate officials of the Government of Mexico to establish a program--CommentsClose CommentsPermalink
(1) to assess the specific needs of the countries of Central America in maintaining the security of the international borders of such countries;CommentsClose CommentsPermalink
(2) to use the assessment made under paragraph (1) to determine the financial and technical support needed by the countries of Central America from Canada, Mexico, and the United States to meet such needs;CommentsClose CommentsPermalink
(3) to provide technical assistance to the countries of Central America to promote issuance of secure passports and travel documents by such countries; andCommentsClose CommentsPermalink
(4) to encourage the countries of Central America--CommentsClose CommentsPermalink
(A) to control alien smuggling and trafficking;CommentsClose CommentsPermalink
(B) to prevent the use and manufacture of fraudulent travel documents; andCommentsClose CommentsPermalink
(C) to share relevant information with Mexico, Canada, and the United States.CommentsClose CommentsPermalink
(b) Border Security for the Countries of Central America- The Secretary, in consultation with the Secretary of State, shall work to cooperate--CommentsClose CommentsPermalink
(1) with the appropriate officials of the governments of the countries of Central America to provide law enforcement assistance to such countries to specifically address immigration issues to increase the ability of such governments to dismantle human smuggling organizations and gain additional control over the international borders between the countries of Central America; andCommentsClose CommentsPermalink
(2) with the appropriate officials of the governments of the countries of Central America to establish a program to provide needed equipment, technical assistance, and vehicles to manage, regulate, and patrol such international borders.CommentsClose CommentsPermalink
(c) Tracking Central American Gangs- The Secretary of State, in coordination with the Secretary and the Director of the Federal Bureau of Investigation, shall work to cooperate with the appropriate officials of the governments of other countries of Central America--CommentsClose CommentsPermalink
(1) to assess the direct and indirect impact on the United States and Central America of deporting violent criminal aliens;CommentsClose CommentsPermalink
(2) to establish a program and database to track individuals involved in Central American gang activities;CommentsClose CommentsPermalink
(3) to develop a mechanism that is acceptable to the governments of the countries of Central America and of the United States to notify such a government if an individual suspected of gang activity will be deported to that country prior to the deportation and to provide support for the reintegration of such deportees into that country; andCommentsClose CommentsPermalink
(4) to develop an agreement to share all relevant information related to individuals connected with Central American gangs.CommentsClose CommentsPermalink
(d) Limitations on Assistance- Any funds made available to carry out this section shall be subject to the limitations contained in section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (
SEC. 122. REPORT ON DEATHS AT THE UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics- The Commissioner of the United States Customs and Border Protection shall collect statistics relating to deaths occurring at the border between the United States and Mexico, including--CommentsClose CommentsPermalink
(1) the causes of the deaths; andCommentsClose CommentsPermalink
(2) the total number of deaths.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of United States Customs and Border Protection shall submit to the Secretary a report that--CommentsClose CommentsPermalink
(1) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; andCommentsClose CommentsPermalink
(2) recommends actions to reduce the deaths described in subsection (a).CommentsClose CommentsPermalink
SEC. 123. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security- The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding--CommentsClose CommentsPermalink
(1) improved border security along the international border between the United States and Mexico;CommentsClose CommentsPermalink
(2) the reduction of human trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink
(3) the reduction of drug trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink
(4) the reduction of gang membership in the United States and Mexico;CommentsClose CommentsPermalink
(5) the reduction of violence against women in the United States and Mexico; andCommentsClose CommentsPermalink
(6) the reduction of other violence and criminal activity.CommentsClose CommentsPermalink
(b) Cooperation Regarding Education on Immigration Laws- The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States.CommentsClose CommentsPermalink
(c) Cooperation Regarding Circular Migration- The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico.CommentsClose CommentsPermalink
(d) Consultation Requirement- Federal, State, and local representatives in the United States shall work to cooperate with their counterparts in Mexico concerning border security structures along the international border between the United States and Mexico, as authorized by this title, in order to--CommentsClose CommentsPermalink
(1) solicit the views of affected communities;CommentsClose CommentsPermalink
(2) lessen tensions; andCommentsClose CommentsPermalink
(3) foster greater understanding and stronger cooperation on this and other important security issues of mutual concern.CommentsClose CommentsPermalink
(e) Annual Report- Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on the actions taken by the United States and Mexico under this section.CommentsClose CommentsPermalink
SEC. 124. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform annual training duty under
(2) SUPPORT- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform duty under
(b) Authorized Activities- The activities authorized by this subsection are any of the following:CommentsClose CommentsPermalink
(1) Ground reconnaissance activities.CommentsClose CommentsPermalink
(2) Airborne reconnaissance activities.CommentsClose CommentsPermalink
(3) Logistical support.CommentsClose CommentsPermalink
(4) Provision of translation services and training.CommentsClose CommentsPermalink
(5) Administrative support services.CommentsClose CommentsPermalink
(6) Technical training services.CommentsClose CommentsPermalink
(7) Emergency medical assistance and services.CommentsClose CommentsPermalink
(8) Communications services.CommentsClose CommentsPermalink
(9) Rescue of aliens in peril.CommentsClose CommentsPermalink
(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States.CommentsClose CommentsPermalink
(11) Ground and air transportation.CommentsClose CommentsPermalink
(c) Cooperative Agreements- Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.CommentsClose CommentsPermalink
(d) Coordination of Assistance- The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard.CommentsClose CommentsPermalink
(e) Annual Training- Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.CommentsClose CommentsPermalink
(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.CommentsClose CommentsPermalink
(3) The term `State along the southern border of the United States' means each of the following:CommentsClose CommentsPermalink
(A) The State of Arizona.CommentsClose CommentsPermalink
(B) The State of California.CommentsClose CommentsPermalink
(C) The State of New Mexico.CommentsClose CommentsPermalink
(D) The State of Texas.CommentsClose CommentsPermalink
(g) Duration of Authority- The authority of this section shall expire on January 1, 2009.CommentsClose CommentsPermalink
(h) Prohibition on Direct Participation in Law Enforcement- Activities carried out under the authority of this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity.CommentsClose CommentsPermalink
SEC. 125. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW COMMISSION.
(a) Establishment of Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established an independent commission to be known as the United States-Mexico Border Enforcement Review Commission (referred to in this section as the `Commission').CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the Commission are--CommentsClose CommentsPermalink
(A) to study the overall enforcement and detention strategies, programs and policies of Federal agencies along the United States-Mexico border; andCommentsClose CommentsPermalink
(B) to make recommendations to the President and Congress with respect to such strategies, programs and policies.CommentsClose CommentsPermalink
(3) MEMBERSHIP- The Commission shall be composed of 16 voting members, who shall be appointed as follows:CommentsClose CommentsPermalink
(A) The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom--CommentsClose CommentsPermalink
(i) 1 shall be a local elected official from the State's border region;CommentsClose CommentsPermalink
(ii) 1 shall be a local law enforcement official from the State's border region; andCommentsClose CommentsPermalink
(iii) 2 shall be from the State's communities of academia, religious leaders, civic leaders or community leaders.CommentsClose CommentsPermalink
(B) 2 nonvoting members, of whom--CommentsClose CommentsPermalink
(i) 1 shall be appointed by the Secretary; andCommentsClose CommentsPermalink
(ii) 1 shall be appointed by the Attorney General.CommentsClose CommentsPermalink
(4) QUALIFICATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Members of the Commission shall be--CommentsClose CommentsPermalink
(i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce or other pertinent qualifications or experience; andCommentsClose CommentsPermalink
(ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico;CommentsClose CommentsPermalink
(B) POLITICAL AFFILIATION- Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party.CommentsClose CommentsPermalink
(C) NONGOVERNMENTAL APPOINTEES- An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government.CommentsClose CommentsPermalink
(5) DEADLINE FOR APPOINTMENT- All members of the Commission shall be appointed not later than 6 months after the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member.CommentsClose CommentsPermalink
(6) TERM OF SERVICE- The term of office for members shall be for the life of the Commission, or 3 years, whichever is sooner.CommentsClose CommentsPermalink
(7) VACANCIES- Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.CommentsClose CommentsPermalink
(8) MEETINGS-CommentsClose CommentsPermalink
(A) INITIAL MEETING- The Commission shall meet and begin the operations of the Commission as soon as practicable.CommentsClose CommentsPermalink
(B) SUBSEQUENT MEETINGS- After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members.CommentsClose CommentsPermalink
(9) QUORUM- Nine members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink
(10) CHAIR AND VICE CHAIR- The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members. The term of office shall be for the life of the Commission.CommentsClose CommentsPermalink
(b) Duties- The Commission shall review, examine, and make recommendations regarding border enforcement policies, strategies, and programs, including recommendations regarding--CommentsClose CommentsPermalink
(1) the protection of human and civil rights of community residents and migrants along the international border between the United States and Mexico;CommentsClose CommentsPermalink
(2) the adequacy and effectiveness of human and civil rights training of enforcement personnel on such border;CommentsClose CommentsPermalink
(3) the adequacy of the complaint process within the agencies and programs of the Department that are employed when an individual files a grievance;CommentsClose CommentsPermalink
(4) the effect of the operations, technology, and enforcement infrastructure along such border on the--CommentsClose CommentsPermalink
(A) environment;CommentsClose CommentsPermalink
(B) cross border traffic and commerce; andCommentsClose CommentsPermalink
(C) the quality of life of border communities;CommentsClose CommentsPermalink
(5) State and local law enforcement involvement in the enforcement of Federal immigration law;CommentsClose CommentsPermalink
(6) the adequacy of detention standards and conditions, and the extent to which the standards and conditions are enforced; andCommentsClose CommentsPermalink
(7) any other matters regarding border enforcement policies, strategies, and programs the Commission determines appropriate.CommentsClose CommentsPermalink
(c) Information and Assistance From Federal Agencies-CommentsClose CommentsPermalink
(1) INFORMATION FROM FEDERAL AGENCIES- The Commission may seek directly from any department or agency of the United States such information, including suggestions, estimates, and statistics, as allowed by law and as the Commission considers necessary to carry out the provisions of this section. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink
(2) ASSISTANCE FROM FEDERAL AGENCIES- The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission's functions. The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as they determine advisable and as authorized by law.CommentsClose CommentsPermalink
(d) Compensation-CommentsClose CommentsPermalink
(1) IN GENERAL- Members of the Commission shall serve without pay.CommentsClose CommentsPermalink
(2) REIMBURSEMENT OF EXPENSES- All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties.CommentsClose CommentsPermalink
(e) Report- Not later than 2 years after the date of the first meeting called pursuant to (a)(8)(A), the Commission shall submit a report to the President and Congress that contains--CommentsClose CommentsPermalink
(1) findings with respect to the duties of the Commission;CommentsClose CommentsPermalink
(2) recommendations regarding border enforcement policies, strategies, and programs;CommentsClose CommentsPermalink
(3) suggestions for the implementation of the Commission's recommendations; andCommentsClose CommentsPermalink
(4) a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (g), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
(g) Sunset- Unless the Commission is re-authorized by Congress, the Commission shall terminate on the date that is 90 days after the date the Commission submits the report described in subsection (e).CommentsClose CommentsPermalink
Subtitle D--Secure Entry Initiatives
SEC. 131. BIOMETRIC DATA ENHANCEMENTS.
Not later than December 31, 2008, the Secretary shall--CommentsClose CommentsPermalink
(1) in consultation with the Attorney General, enhance connectivity between the Automated Biometric Fingerprint Identification System (IDENT) of the Department and the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation to ensure more expeditious data searches; andCommentsClose CommentsPermalink
(2) in consultation with the Secretary of State, collect all fingerprints from each alien required to provide fingerprints during the alien's initial enrollment in the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
SEC. 132. US-VISIT SYSTEM.
Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for--CommentsClose CommentsPermalink
(1) equipping all land border ports of entry of the United States with the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system implemented under the authority of section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(2) developing and deploying at such ports of entry the exit component of the US-VISIT system; andCommentsClose CommentsPermalink
(3) making interoperable all immigration screening systems operated by the Secretary.CommentsClose CommentsPermalink
SEC. 133. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary shall provide all officers of the United States Customs and Border Protection with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the head of the Forensic Document Laboratory of United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink
(b) Forensic Document Laboratory- The Secretary shall provide all United States Customs and Border Protection officers with access to the Forensic Document Laboratory.CommentsClose CommentsPermalink
(c) Assessment-CommentsClose CommentsPermalink
(1) REQUIREMENT FOR ASSESSMENT- The Inspector General of the Department shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Laboratory.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than 6 months after the date of enactment of this Act, the Inspector General shall submit to Congress the findings of the assessment required by paragraph (1).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
SEC. 134. IMPROVED DOCUMENT INTEGRITY.
(a) In General- Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (
(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in the heading, by striking `entry and exit documents' and inserting `travel and entry documents and evidence of status';CommentsClose CommentsPermalink
(3) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by striking `Not later than October 26, 2004, the' and inserting `The'; andCommentsClose CommentsPermalink
(B) by striking `visas and' both places it appears and inserting `visas, evidence of status, and';CommentsClose CommentsPermalink
(4) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(5) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Other Documents- Not later than December 31, 2008, every document, other than an interim document, issued by the Secretary of Homeland Security which may be used as evidence of an alien's authorization to travel shall be machine-readable and tamper-resistant, and shall incorporate a biometric identifier to allow the Secretary of Homeland Security to verify electronically the identity and status of the alien.'.CommentsClose CommentsPermalink
SEC. 135. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United States- Section 215 (
(1) by redesignating subsection (c) as subsection (g);CommentsClose CommentsPermalink
(2) by moving subsection (g), as redesignated by paragraph (1), to the end; andCommentsClose CommentsPermalink
(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.'.CommentsClose CommentsPermalink
(b) Inspection of Applicants for Admission- Section 235(d) (
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from--CommentsClose CommentsPermalink
`(A) any applicant for admission or alien seeking to transit through the United States; orCommentsClose CommentsPermalink
`(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).'.CommentsClose CommentsPermalink
(c) Collection of Biometric Data From Alien Crewmen- Section 252 (
`(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.'.CommentsClose CommentsPermalink
(d) Grounds of Inadmissibility- Section 212 (
(1) in subsection (a)(7), by adding at the end the following:CommentsClose CommentsPermalink
`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.'; andCommentsClose CommentsPermalink
(2) in subsection (d), by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) of subsection (a)(7) and may waive the application of such subparagraph for an individual alien or a class of aliens, at the discretion of the Secretary.'.CommentsClose CommentsPermalink
(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act of 2004 (
(1) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink
`(3) IMPLEMENTATION- In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register.'; andCommentsClose CommentsPermalink
(2) in subsection (l)--CommentsClose CommentsPermalink
(A) by striking `There are authorized' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.'.CommentsClose CommentsPermalink
SEC. 136. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.
(a) In General- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 556. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements
`(a) Prohibition- A person at a port of entry or customs or immigration checkpoint shall be punished as described in subsection (b) if such person attempts to elude or eludes customs, immigration, or agriculture inspection or fails to stop at the command of an officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States at a port of entry or customs or immigration checkpoint.CommentsClose CommentsPermalink
`(b) Penalties- A person who commits an offense described in subsection (a) shall be--CommentsClose CommentsPermalink
`(1) fined under this title;CommentsClose CommentsPermalink
`(2)(A) imprisoned for not more than 3 years, or both;CommentsClose CommentsPermalink
`(B) imprisoned for not more than 10 years, or both, if in commission of this violation, such person attempts to inflict or inflicts bodily injury (as defined in section 1365(h) of this title); orCommentsClose CommentsPermalink
`(C) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; orCommentsClose CommentsPermalink
`(3) both fined and imprisoned under this subsection.CommentsClose CommentsPermalink
`(c) Conspiracy- If 2 or more persons conspire to commit an offense described in subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed.CommentsClose CommentsPermalink
`(d) Prima Facie Evidence- For the purposes of seizure and forfeiture under applicable law, in the case of use of a vehicle or other conveyance in the commission of this offense, or in the case of disregarding or disobeying the lawful authority or command of any officer or employee of the United States under section 111(b) of this title, such conduct shall constitute prima facie evidence of smuggling aliens or merchandise.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections for chapter 27 of title 18, United States Code, is amended by inserting at the end:CommentsClose CommentsPermalink
`556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.'.CommentsClose CommentsPermalink
(c) Failure To Obey Border Enforcement Officers-
`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever willfully disregards or disobeys the lawful authority or command of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States while engaged in, or on account of, the performance of official duties shall be fined under this title or imprisoned for not more than 5 years, or both.'.CommentsClose CommentsPermalink
(d) Technical Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended by redesignating the section 554 added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (
(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18, United States Code, is amended--CommentsClose CommentsPermalink
(A) by striking the following:CommentsClose CommentsPermalink
`554. Border tunnels and passages.'; andCommentsClose CommentsPermalink
(B) inserting the following:CommentsClose CommentsPermalink
`555. Border tunnels and passages.'.CommentsClose CommentsPermalink
(3) CRIMINAL FORFEITURE-
(4) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION- Section 551(d) of the Department of Homeland Security Appropriations Act, 2007 (
Subtitle E--Law Enforcement Relief for States
SEC. 141. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--CommentsClose CommentsPermalink
(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; andCommentsClose CommentsPermalink
(B) the impact of any lack of security along the United States border.CommentsClose CommentsPermalink
(2) DURATION- Grants may be awarded under this subsection during fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community with a population of less than 50,000.CommentsClose CommentsPermalink
(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--CommentsClose CommentsPermalink
(1) to obtain equipment;CommentsClose CommentsPermalink
(2) to hire additional personnel;CommentsClose CommentsPermalink
(3) to upgrade and maintain law enforcement technology;CommentsClose CommentsPermalink
(4) to cover operational costs, including overtime and transportation costs; andCommentsClose CommentsPermalink
(5) such other resources as are available to assist that agency.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink
(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink
(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink
(d) Definitions- For the purposes of this section:CommentsClose CommentsPermalink
(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency' means a tribal, State, or local law enforcement agency--CommentsClose CommentsPermalink
(A) located in a county that is not more than 100 miles from a United States border with--CommentsClose CommentsPermalink
(i) Canada; orCommentsClose CommentsPermalink
(ii) Mexico; orCommentsClose CommentsPermalink
(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.CommentsClose CommentsPermalink
(2) HIGH IMPACT AREA- The term `High Impact Area' means any county designated by the Secretary as such, taking into consideration--CommentsClose CommentsPermalink
(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;CommentsClose CommentsPermalink
(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; andCommentsClose CommentsPermalink
(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.CommentsClose CommentsPermalink
(e) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated $50,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.CommentsClose CommentsPermalink
(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under paragraph (1)--CommentsClose CommentsPermalink
(A) 2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; andCommentsClose CommentsPermalink
(B) 1/3 shall be set aside for areas designated as a High Impact Area under subsection (d).CommentsClose CommentsPermalink
(f) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink
(g) Enforcement of Federal Immigration Law- Nothing in this section shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.CommentsClose CommentsPermalink
SEC. 142. NORTHERN AND SOUTHERN BORDER PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Prosecuting Federally Initiated Drug Cases- The Attorney General shall, subject to the availability of appropriations, reimburse State and county prosecutors located in States along the Northern or Southern border of the United States for prosecuting federally initiated and referred drug cases.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated $50,000,000 for each of the fiscal years 2008 through 2013 to carry out subsection (a).CommentsClose CommentsPermalink
Subtitle F--Rapid Response Measures
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
(a) Emergency Deployment of Border Patrol Agents-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as `agents') from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.CommentsClose CommentsPermalink
(2) CONSULTATION- Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department's ability to provide border security for any other State.CommentsClose CommentsPermalink
(3) COLLECTIVE BARGAINING- Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations.CommentsClose CommentsPermalink
(b) Elimination of Fixed Deployment of Border Patrol Agents- The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.CommentsClose CommentsPermalink
SEC. 152. BORDER PATROL MAJOR ASSETS.
(a) Control of Border Patrol Assets- The Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.CommentsClose CommentsPermalink
(b) Helicopters and Power Boats-CommentsClose CommentsPermalink
(1) HELICOPTERS- The Secretary shall increase, by not less than 100, the number of helicopters under the control of the Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed.CommentsClose CommentsPermalink
(2) POWER BOATS- The Secretary shall increase, by not less than 250, the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.CommentsClose CommentsPermalink
(3) USE AND TRAINING- The Secretary shall--CommentsClose CommentsPermalink
(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; andCommentsClose CommentsPermalink
(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.CommentsClose CommentsPermalink
(c) Motor Vehicles-CommentsClose CommentsPermalink
(1) QUANTITY- The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 3 agents. These police-type vehicles shall be replaced not less often than once every 3 years. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol.CommentsClose CommentsPermalink
(2) FEATURES- All motor vehicles purchased for the Border Patrol shall--CommentsClose CommentsPermalink
(A) be appropriate for the mission of the Border Patrol; andCommentsClose CommentsPermalink
(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink
SEC. 153. ELECTRONIC EQUIPMENT.
(a) Portable Computers- The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol.CommentsClose CommentsPermalink
(b) Radio Equipment- The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink
(c) Handheld Global Positioning System Devices- The Secretary shall ensure that each Border Patrol agent is issued a state-of-the-art handheld global positioning system device for navigational purposes.CommentsClose CommentsPermalink
(d) Night Vision Equipment- The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.CommentsClose CommentsPermalink
SEC. 154. PERSONAL EQUIPMENT.
(a) Border Armor- The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less often than once every 5 years.CommentsClose CommentsPermalink
(b) Weapons- The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face.CommentsClose CommentsPermalink
(c) Uniforms- The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly.CommentsClose CommentsPermalink
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle G--Border Infrastructure and Technology Modernization
SEC. 161. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) COMMISSIONER- The term `Commissioner' means the Commissioner of United States Customs and Border Protection.CommentsClose CommentsPermalink
(2) NORTHERN BORDER- The term `northern border' means the international border between the United States and Canada.CommentsClose CommentsPermalink
(3) SOUTHERN BORDER- The term `southern border' means the international border between the United States and Mexico.CommentsClose CommentsPermalink
SEC. 162. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update- Not later than January 31 of each year, the Administrator of General Services shall update the Port of Entry Infrastructure Assessment Study prepared by United States Customs and Border Protection in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives Rep. No. 106-319, on page 67) and submit such updated study to Congress.CommentsClose CommentsPermalink
(b) Consultation- In preparing the updated studies required in subsection (a), the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and the Commissioner.CommentsClose CommentsPermalink
(c) Content- Each updated study required in subsection (a) shall--CommentsClose CommentsPermalink
(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;CommentsClose CommentsPermalink
(2) include the projects identified in the National Land Border Security Plan required by section 164; andCommentsClose CommentsPermalink
(3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to--CommentsClose CommentsPermalink
(A) fulfill immediate security requirements; andCommentsClose CommentsPermalink
(B) facilitate trade across the borders of the United States.CommentsClose CommentsPermalink
(d) Project Implementation- The Commissioner shall implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under paragraph (3) of such subsection.CommentsClose CommentsPermalink
(e) Divergence From Priorities- The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, such as immediate security needs or changes in infrastructure in Mexico or Canada, compellingly alter the need for a project in the United States.CommentsClose CommentsPermalink
SEC. 163. NATIONAL LAND BORDER SECURITY PLAN.
(a) In General- Not later than 1 year after the date of enactment of this Act, an annually thereafter, the Secretary, after consultation with representatives of Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border, shall submit a National Land Border Security Plan to Congress.CommentsClose CommentsPermalink
(b) Vulnerability Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border.CommentsClose CommentsPermalink
(2) PORT SECURITY COORDINATORS- The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border--CommentsClose CommentsPermalink
(A) to assist in conducting a vulnerability assessment at such port; andCommentsClose CommentsPermalink
(B) to provide other assistance with the preparation of the plan required in subsection (a).CommentsClose CommentsPermalink
SEC. 164. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act (
(A) The Business Anti-Smuggling Coalition.CommentsClose CommentsPermalink
(B) The Carrier Initiative Program.CommentsClose CommentsPermalink
(C) The Americas Counter Smuggling Initiative.CommentsClose CommentsPermalink
(D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (
(E) The Free and Secure Trade Initiative.CommentsClose CommentsPermalink
(F) Other industry partnership programs administered by the Commissioner.CommentsClose CommentsPermalink
(2) SOUTHERN BORDER DEMONSTRATION PROGRAM- Not later than 180 days after the date of enactment of this Act, the Commissioner shall implement, on a demonstration basis, at least 1 Customs-Trade Partnership Against Terrorism program, which has been successfully implemented along the northern border, along the southern border.CommentsClose CommentsPermalink
(b) Demonstration Program- Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security.CommentsClose CommentsPermalink
SEC. 165. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment- The Secretary shall carry out a technology demonstration program to--CommentsClose CommentsPermalink
(1) test and evaluate new port of entry technologies;CommentsClose CommentsPermalink
(2) refine port of entry technologies and operational concepts; andCommentsClose CommentsPermalink
(3) train personnel under realistic conditions.CommentsClose CommentsPermalink
(b) Technology and Facilities-CommentsClose CommentsPermalink
(1) TECHNOLOGY TESTING- Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to--CommentsClose CommentsPermalink
(A) inspections;CommentsClose CommentsPermalink
(B) communications;CommentsClose CommentsPermalink
(C) port tracking;CommentsClose CommentsPermalink
(D) identification of persons and cargo;CommentsClose CommentsPermalink
(E) sensory devices;CommentsClose CommentsPermalink
(F) personal detection;CommentsClose CommentsPermalink
(G) decision support; andCommentsClose CommentsPermalink
(H) the detection and identification of weapons of mass destruction.CommentsClose CommentsPermalink
(2) DEVELOPMENT OF FACILITIES- At a demonstration site selected pursuant to subsection (c)(2), the Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including--CommentsClose CommentsPermalink
(A) cross-training among agencies;CommentsClose CommentsPermalink
(B) advanced law enforcement training; andCommentsClose CommentsPermalink
(C) equipment orientation.CommentsClose CommentsPermalink
(c) Demonstration Sites-CommentsClose CommentsPermalink
(1) NUMBER- The Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.CommentsClose CommentsPermalink
(2) SELECTION CRITERIA- To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and is able to efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall--CommentsClose CommentsPermalink
(A) have been established not more than 15 years before the date of enactment of this Act;CommentsClose CommentsPermalink
(B) consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; andCommentsClose CommentsPermalink
(C) have serviced an average of not more than 50,000 vehicles per month during the 1-year period ending on the date of enactment of this Act.CommentsClose CommentsPermalink
(d) Relationship With Other Agencies- The Secretary shall permit personnel from an appropriate Federal or State agency to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including technologies described in subparagraphs (A) through (H) of subsection (b)(1).CommentsClose CommentsPermalink
(e) Report-CommentsClose CommentsPermalink
(1) REQUIREMENT- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section.CommentsClose CommentsPermalink
(2) CONTENT- The report submitted under paragraph (1) shall include an assessment by the Secretary of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection.CommentsClose CommentsPermalink
SEC. 166. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- In addition to any funds otherwise available, there are authorized to be appropriated such sums as may be necessary for the fiscal years 2008 through 2012 to carry out this subtitle.CommentsClose CommentsPermalink
(b) International Agreements- Amounts appropriated pursuant to the authorization of appropriations in subsection (a) may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of this subtitle.CommentsClose CommentsPermalink
Subtitle H--Safe and Secure Detention
SEC. 171. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ASYLUM SEEKER- The term `asylum seeker' means an applicant for asylum under section 208 of the Immigration and Nationality Act (
(2) CREDIBLE FEAR OF PERSECUTION- The term `credible fear of persecution' has the meaning given that term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act (
(3) DETAINEE- The term `detainee' means an alien in the Department's custody held in a detention facility.CommentsClose CommentsPermalink
(4) DETENTION FACILITY- The term `detention facility' means any Federal facility in which an asylum seeker, an alien detained pending the outcome of a removal proceeding, or an alien detained pending the execution of a final order of removal, is detained for more than 72 hours, or any other facility in which such detention services are provided to the Federal Government by contract, and does not include detention at any port of entry in the United States.CommentsClose CommentsPermalink
(5) REASONABLE FEAR OF PERSECUTION OR TORTURE- The term `reasonable fear of persecution or torture' has the meaning described in section 208.31 of title 8, Code of Federal Regulations.CommentsClose CommentsPermalink
(6) STANDARD- The term `standard' means any policy, procedure, or other requirement.CommentsClose CommentsPermalink
(7) VULNERABLE POPULATIONS- The term `vulnerable populations' means classes of aliens subject to the Immigration and Nationality Act (
(A) Asylum seekers.CommentsClose CommentsPermalink
(B) Refugees admitted under section 207 of the Immigration and Nationality Act (
(C) Aliens whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act (as in effect immediately before the effective date of section 307 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(D) Aliens granted or seeking protection under article 3 of the Convention Against Torture and other Cruel, Inhumane, or Degrading Treatment or Punishment, done at New York, December 10, 1994.CommentsClose CommentsPermalink
(E) Applicants for relief and benefits under the Immigration and Nationality Act pursuant to the amendments made by the Trafficking Victims Protection Act of 2000 (division A of
(F) Applicants for relief and benefits under the Immigration and Nationality Act pursuant to the amendments made by the Violence Against Women Act of 2000 (division B of
(G) Unaccompanied alien children (as defined by 462(g) of the Homeland Security Act of 2002 (
SEC. 172. RECORDING SECONDARY INSPECTION INTERVIEWS.
(a) In General- The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (
(b) Factors Relating to Sworn Statements- Where practicable, as determined by the sole and unreviewable discretion of the Secretary, the quality assurance procedures established pursuant to this section shall include taped interviews to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department.CommentsClose CommentsPermalink
(c) Interpreters- The Secretary shall ensure that a professional fluent interpreter is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially.CommentsClose CommentsPermalink
SEC. 173. PROCEDURES GOVERNING DETENTION DECISIONS.
Section 236 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(i) in the first sentence by striking `Attorney General' and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(ii) by striking `(c)' and inserting `(d)'; andCommentsClose CommentsPermalink
(iii) in the second sentence by striking `Attorney General' and inserting `Secretary';CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A)--CommentsClose CommentsPermalink
(I) by striking `Attorney General' and inserting `Secretary'; andCommentsClose CommentsPermalink
(II) by striking `or' at the end;CommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking `but' at the end; andCommentsClose CommentsPermalink
(iii) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink
`(C) the alien's own recognizance; orCommentsClose CommentsPermalink
`(D) a secure alternatives program as provided for in this section; but';CommentsClose CommentsPermalink
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (h), respectively;CommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsections:CommentsClose CommentsPermalink
`(b) Custody Decisions-CommentsClose CommentsPermalink
`(1) IN GENERAL- In the case of a decision under subsection (a) or (d), the following shall apply:CommentsClose CommentsPermalink
`(A) The decision shall be made in writing and shall be served upon the alien. A decision to continue detention without bond or parole shall specify in writing the reasons for that decision.CommentsClose CommentsPermalink
`(B) The decision shall be served upon the alien within 72 hours of the alien's detention or, in the case of an alien subject to section 235 or 241(a)(5) who must establish a credible fear of persecution or a reasonable fear of persecution or torture in order to proceed in immigration court, within 72 hours of a positive credible fear of persecution or reasonable fear of persecution or torture determination.CommentsClose CommentsPermalink
`(2) CRITERIA TO BE CONSIDERED- The criteria to be considered by the Secretary and the Attorney General in making a custody decision shall include--CommentsClose CommentsPermalink
`(A) whether the alien poses a risk to public safety or national security;CommentsClose CommentsPermalink
`(B) whether the alien is likely to appear for immigration proceedings; andCommentsClose CommentsPermalink
`(C) any other relevant factors.CommentsClose CommentsPermalink
`(3) CUSTODY REDETERMINATION- An alien subject to this section may at any time after being served with the Secretary's decision under subsections (a) or (d) request a redetermination of that decision by an immigration judge. All decisions by the Secretary to detain without bond or parole shall be subject to redetermination by an immigration judge within 2 weeks from the time the alien was served with the decision, unless waived by the alien. The alien may request a further redetermination upon a showing of a material change in circumstances since the last redetermination hearing.CommentsClose CommentsPermalink
`(c) Exception for Mandatory Detention- Subsection (b) shall not apply to any alien who is subject to mandatory detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final order of removal and has no proceedings pending before the Executive Office for Immigration Review.';CommentsClose CommentsPermalink
(4) in subsection (d), as redesignated--CommentsClose CommentsPermalink
(A) by striking `Attorney General' and inserting `Secretary'; andCommentsClose CommentsPermalink
(B) by striking `or parole' and inserting `, parole, or decision to release;';CommentsClose CommentsPermalink
(5) in subsection (e), as redesignated--CommentsClose CommentsPermalink
(A) by striking `Attorney General' and inserting `Secretary' each place it appears; andCommentsClose CommentsPermalink
(B) in paragraph (2), by inserting `or for humanitarian reasons,' after `such an investigation,';CommentsClose CommentsPermalink
(6) in subsection (f), as redesignated--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `Attorney General' and inserting `Secretary';CommentsClose CommentsPermalink
(B) in paragraph (1), in subparagraphs (A) and (B), by striking `Service' and inserting `Department of Homeland Security'; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking `Service' and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(7) by inserting after subsection (f), as redesignated, the following new subparagraph:CommentsClose CommentsPermalink
`(g) Administrative Review- If an immigration judge's custody decision has been stayed by the action of an officer or employee of the Department of Homeland Security, the stay shall expire in 30 days, unless the Board of Immigration Appeals before that time, and upon motion, enters an order continuing the stay.'; andCommentsClose CommentsPermalink
(8) in subsection (h), as redesignated--CommentsClose CommentsPermalink
(A) by striking `Attorney General's' and inserting `Secretary of Homeland Security's'; andCommentsClose CommentsPermalink
(B) by striking `Attorney General' and inserting `Secretary'.CommentsClose CommentsPermalink
SEC. 174. LEGAL ORIENTATION PROGRAM.
(a) In General- The Attorney General, in consultation with the Secretary, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through a program administered and implemented by the Executive Office for Immigration Review of the Department of Justice.CommentsClose CommentsPermalink
(b) Content of Program- The legal orientation program developed pursuant to this section shall be based on the Legal Orientation Program carried out by the Executive Office for Immigration Review on the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Expansion of Legal Assistance- The Secretary shall ensure the expansion through the United States Citizenship and Immigration Service of public-private partnerships that facilitate pro bono counseling and legal assistance for asylum seekers awaiting a credible fear of persecution interview. The pro bono counseling and legal assistance programs developed pursuant to this subsection shall be based on the pilot program developed in Arlington, Virginia by the United States Citizenship and Immigration Service.CommentsClose CommentsPermalink
SEC. 175. CONDITIONS OF DETENTION.
(a) In General- The Secretary shall ensure that standards governing conditions and procedures at detention facilities are fully implemented and enforced, and that all detention facilities comply with the standards.CommentsClose CommentsPermalink
(b) Procedures and Standards- The Secretary shall promulgate new standards, or modify existing detention standards, to improve conditions in detention facilities. The improvements shall address at a minimum the following policies and procedures:CommentsClose CommentsPermalink
(1) FAIR AND HUMANE TREATMENT- Procedures to ensure that detainees are not subject to degrading or inhumane treatment such as verbal or physical abuse or harassment, sexual abuse or harassment, or arbitrary punishment.CommentsClose CommentsPermalink
(2) LIMITATIONS ON SHACKLING- Procedures limiting the use of shackling, handcuffing, solitary confinement, and strip searches of detainees to situations where the use of such techniques is necessitated by security interests or other extraordinary circumstances.CommentsClose CommentsPermalink
(3) INVESTIGATION OF GRIEVANCES- Procedures for the prompt and effective investigation of grievances raised by detainees, including review of grievances by officials of the Department who do not work at the same detention facility where the detainee filing the grievance is detained.CommentsClose CommentsPermalink
(4) ACCESS TO TELEPHONES- Procedures permitting detainees sufficient access to telephones, and the ability to contact, free of charge, legal representatives, the immigration courts, the Board of Immigration Appeals, and the Federal courts through confidential toll-free numbers.CommentsClose CommentsPermalink
(5) LOCATION OF FACILITIES- Location of detention facilities, to the extent practicable, near sources of free or low-cost legal representation with expertise in asylum or immigration law.CommentsClose CommentsPermalink
(6) PROCEDURES GOVERNING TRANSFERS OF DETAINEES- Procedures governing the transfer of a detainee that take into account--CommentsClose CommentsPermalink
(A) the detainee's access to legal representatives; andCommentsClose CommentsPermalink
(B) the proximity of the facility to the venue of the asylum or removal proceeding.CommentsClose CommentsPermalink
(7) QUALITY OF MEDICAL CARE- Prompt and adequate medical care provided at no cost to the detainee, including dental care, eye care, mental health care, individual and group counseling, medical dietary needs, and other medically necessary specialized care. Medical facilities in all detention facilities used by the Department shall maintain current accreditation by the National Commission on Correctional Health Care (NCCHC). Requirements that each medical facility that is not accredited by the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) will seek to obtain such accreditation. Maintenance of complete medical records for every detainee which shall be made available upon request to a detainee, his legal representative, or other authorized individuals.CommentsClose CommentsPermalink
(8) TRANSLATION CAPABILITIES- The employment of detention facility staff that, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and the provision of alternative translation services when necessary.CommentsClose CommentsPermalink
(9) RECREATIONAL PROGRAMS AND ACTIVITIES- Daily access to indoor and outdoor recreational programs and activities.CommentsClose CommentsPermalink
(c) Special Standards for Noncriminal Detainees- The Secretary shall promulgate new standards, or modifications to existing standards, that--CommentsClose CommentsPermalink
(1) recognize the special characteristics of noncriminal, nonviolent detainees, and ensure that procedures and conditions of detention are appropriate for a noncriminal population; andCommentsClose CommentsPermalink
(2) ensure that noncriminal detainees are separated from inmates with criminal convictions, pretrial inmates facing criminal prosecution, and those inmates exhibiting violent behavior while in detention.CommentsClose CommentsPermalink
(d) Special Standards for Vulnerable Populations- The Secretary shall promulgate new standards, or modifications to existing standards, that--CommentsClose CommentsPermalink
(1) recognize the unique needs of asylum seekers, victims of torture and trafficking, families with children, detainees who do not speak English, detainees with special religious, cultural or spiritual considerations, and other vulnerable populations; andCommentsClose CommentsPermalink
(2) ensure that procedures and conditions of detention are appropriate for the populations listed in this subsection.CommentsClose CommentsPermalink
(e) Training of Personnel-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall ensure that personnel in detention facilities are given specialized training to better understand and work with the population of detainees held at the facilities where such personnel work. The training should address the unique needs of--CommentsClose CommentsPermalink
(A) asylum seekers;CommentsClose CommentsPermalink
(B) victims of torture or other trauma; andCommentsClose CommentsPermalink
(C) other vulnerable populations.CommentsClose CommentsPermalink
(2) SPECIALIZED TRAINING- The training required by this subsection shall be designed to better enable personnel to work with detainees from different countries, and detainees who cannot speak English. The training shall emphasize that many detainees have no criminal records and are being held for civil violations.CommentsClose CommentsPermalink
SEC. 176. OFFICE OF DETENTION OVERSIGHT.
(a) Establishment of the Office-CommentsClose CommentsPermalink
(1) IN GENERAL- There shall be established within the Department an Office of Detention Oversight (in this section referred to as the `Office').CommentsClose CommentsPermalink
(2) HEAD OF THE OFFICE- There shall be at the head of the Office an Administrator who shall be appointed by, and shall report to, the Secretary.CommentsClose CommentsPermalink
(3) SCHEDULE- The Office shall be established and the Administrator of the Office appointed not later than 6 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Responsibilities of the Office-CommentsClose CommentsPermalink
(1) INSPECTIONS OF DETENTION CENTERS- The Administrator of the Office shall--CommentsClose CommentsPermalink
(A) undertake frequent and unannounced inspections of all detention facilities;CommentsClose CommentsPermalink
(B) develop a procedure for any detainee or the detainee's representative to file a written complaint directly with the Office; andCommentsClose CommentsPermalink
(C) report to the Secretary and to the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement all findings of a detention facility's noncompliance with detention standards.CommentsClose CommentsPermalink
(2) INVESTIGATIONS- The Administrator of the Office shall--CommentsClose CommentsPermalink
(A) initiate investigations, as appropriate, into allegations of systemic problems at detention facilities or incidents that constitute serious violations of detention standards;CommentsClose CommentsPermalink
(B) report to the Secretary and the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement the results of all investigations; andCommentsClose CommentsPermalink
(C) refer matters, where appropriate, for further action to--CommentsClose CommentsPermalink
(i) the Department of Justice;CommentsClose CommentsPermalink
(ii) the Office of the Inspector General of the Department;CommentsClose CommentsPermalink
(iii) the Office of Civil Rights and Civil Liberties of the Department; orCommentsClose CommentsPermalink
(iv) any other relevant office of agency.CommentsClose CommentsPermalink
(3) REPORT TO CONGRESS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Administrator of the Office shall submit to the Secretary, the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives an annual report on the Administrator's findings on detention conditions and the results of the investigations carried out by the Administrator.CommentsClose CommentsPermalink
(B) CONTENTS OF REPORT- Each report required by subparagraph (A) shall include--CommentsClose CommentsPermalink
(i) a description of the actions to remedy findings of noncompliance or other problems that are taken by the Secretary or the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement, and each detention facility found to be in noncompliance; andCommentsClose CommentsPermalink
(ii) information regarding whether such actions were successful and resulted in compliance with detention standards.CommentsClose CommentsPermalink
(4) REVIEW OF COMPLAINTS BY DETAINEES- The Administrator of the Office shall establish procedures to receive and review complaints of violations of the detention standards promulgated by the Secretary. The procedures shall protect the anonymity of the claimant, including detainees, employees, or others, from retaliation.CommentsClose CommentsPermalink
(c) Cooperation With Other Offices and Agencies- Whenever appropriate, the Administrator of the Office shall cooperate and coordinate its activities with--CommentsClose CommentsPermalink
(1) the Office of the Inspector General of the Department;CommentsClose CommentsPermalink
(2) the Office of Civil Rights and Civil Liberties of the Department;CommentsClose CommentsPermalink
(3) the Privacy Officer of the Department;CommentsClose CommentsPermalink
(4) the Civil Rights Division of the Department of Justice; orCommentsClose CommentsPermalink
(5) any other relevant office or agency.CommentsClose CommentsPermalink
SEC. 177. SECURE ALTERNATIVES PROGRAM.
(a) Establishment of Program- The Secretary shall establish a secure alternatives program under which an alien who has been detained may be released under enhanced supervision to prevent the alien from absconding and to ensure that the alien makes appearances related to such detention.CommentsClose CommentsPermalink
(b) Program Requirements-CommentsClose CommentsPermalink
(1) NATIONWIDE IMPLEMENTATION- The Secretary shall facilitate the development of the secure alternatives program on a nationwide basis, as a continuation of existing pilot programs such as the Intensive Supervision Appearance Program (ISAP) developed by the Department.CommentsClose CommentsPermalink
(2) UTILIZATION OF ALTERNATIVES- The secure alternatives program shall utilize a continuum of alternatives based on the alien's need for supervision, including placement of the alien with an individual or organizational sponsor, or in a supervised group home.CommentsClose CommentsPermalink
(3) ALIENS ELIGIBLE FOR SECURE ALTERNATIVES PROGRAM-CommentsClose CommentsPermalink
(A) IN GENERAL- Aliens who would otherwise be subject to detention based on a consideration of the release criteria in section 236(b)(2), or who are released pursuant to section 236(e)(2), shall be considered for the secure alternatives program.CommentsClose CommentsPermalink
(B) DESIGN OF PROGRAMS- Secure alternatives programs shall be designed to ensure sufficient supervision of the population described in subparagraph (A).CommentsClose CommentsPermalink
(4) CONTRACTS- The Secretary shall enter into contracts with qualified nongovernmental entities to implement the secure alternatives program.CommentsClose CommentsPermalink
(5) OTHER CONSIDERATIONS- In designing such program, the Secretary shall--CommentsClose CommentsPermalink
(A) consult with relevant experts; andCommentsClose CommentsPermalink
(B) consider programs that have proven successful in the past, including the Appearance Assistance Program developed by the Vera Institute and the Intensive Supervision Appearance Program (ISAP) developed by the Department.CommentsClose CommentsPermalink
SEC. 178. LESS RESTRICTIVE DETENTION FACILITIES.
(a) Construction- The Secretary shall facilitate the construction or use of secure but less restrictive detention facilities.CommentsClose CommentsPermalink
(b) Criteria- In developing detention facilities pursuant to this section, the Secretary shall--CommentsClose CommentsPermalink
(1) consider the design, operation, and conditions of existing secure but less restrictive detention facilities, such as the Department's detention facilities in Broward County, Florida, and Berks County, Pennsylvania;CommentsClose CommentsPermalink
(2) to the extent practicable, construct or use detention facilities where--CommentsClose CommentsPermalink
(A) movement within and between indoor and outdoor areas of the facility is subject to minimal restrictions;CommentsClose CommentsPermalink
(B) detainees have ready access to social, psychological, and medical services;CommentsClose CommentsPermalink
(C) detainees with special needs, including those who have experienced trauma or torture, have ready access to services and treatment addressing their needs;CommentsClose CommentsPermalink
(D) detainees have ready access to meaningful programmatic and recreational activities;CommentsClose CommentsPermalink
(E) detainees are permitted contact visits with legal representatives, family members, and others;CommentsClose CommentsPermalink
(F) detainees have access to private toilet and shower facilities;CommentsClose CommentsPermalink
(G) prison-style uniforms or jumpsuits are not required; andCommentsClose CommentsPermalink
(H) special facilities are provided to families with children.CommentsClose CommentsPermalink
(c) Facilities for Families With Children- For situations where release or secure alternatives programs are not an option, the Secretary shall ensure that special detention facilities are specifically designed to house parents with their minor children, including ensuring that--CommentsClose CommentsPermalink
(1) procedures and conditions of detention are appropriate for families with minor children; andCommentsClose CommentsPermalink
(2) living and sleeping quarters for parents and minor children are not physically separated.CommentsClose CommentsPermalink
(d) Placement in Nonpunitive Facilities- Priority for placement in less restrictive facilities shall be given to asylum seekers, families with minor children, other vulnerable populations, and nonviolent criminal detainees.CommentsClose CommentsPermalink
(e) Procedures and Standards- Where necessary, the Secretary shall promulgate new standards, or modify existing detention standards, to promote the development of less restrictive detention facilities.CommentsClose CommentsPermalink
SEC. 179. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.
(a) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
(b) Effective Date- This subtitle and the amendments made by this subtitle shall take effect on the date that is 6 months after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle I--Other Border Security Initiatives
SEC. 181. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination among United States Immigration and Customs Enforcement and United States Customs and Border Protection and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling.CommentsClose CommentsPermalink
(b) Content- In developing the plan required by subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink
(1) the interoperability of databases utilized to prevent human smuggling;CommentsClose CommentsPermalink
(2) adequate and effective personnel training;CommentsClose CommentsPermalink
(3) methods and programs to effectively target networks that engage in such smuggling;CommentsClose CommentsPermalink
(4) effective utilization of--CommentsClose CommentsPermalink
(A) visas for victims of trafficking and other crimes; andCommentsClose CommentsPermalink
(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;CommentsClose CommentsPermalink
(5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; andCommentsClose CommentsPermalink
(6) other measures that the Secretary considers appropriate to combat human smuggling.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling.CommentsClose CommentsPermalink
(d) Savings Provision- Nothing in this section may be construed to provide additional authority to any State or local entity to enforce Federal immigration laws.CommentsClose CommentsPermalink
SEC. 182. SCREENING OF MUNICIPAL SOLID WASTE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COMMERCIAL MOTOR VEHICLE- The term `commercial motor vehicle' has the meaning given the term in
(2) COMMISSIONER- The term `Commissioner' means the Commissioner of United States Customs and Border Protection.CommentsClose CommentsPermalink
(3) MUNICIPAL SOLID WASTE- The term `municipal solid waste' includes sludge (as defined in section 1004 of the Solid Waste Disposal Act (
(b) Report to Congress- Not later than 90 days after the date of enactment of this Act, the Commissioner shall submit to Congress a report that--CommentsClose CommentsPermalink
(1) indicates whether the methodologies and technologies used by United States Customs and Border Protection to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by United States Customs and Border Protection to screen for such weapons in other items of commerce entering the United States through commercial motor vehicle transport; andCommentsClose CommentsPermalink
(2) if the report indicates that the methodologies and technologies used to screen municipal solid waste are less effective than the methodologies and technologies used to screen other items of commerce, identifies the actions that United States Customs and Border Protection will take to achieve the same level of effectiveness in the screening of municipal solid waste, including actions necessary to meet the need for additional screening technologies.CommentsClose CommentsPermalink
(c) Impact on Commercial Motor Vehicles- If the Commissioner fails to fully implement an action identified under subsection (b)(2) before the earlier of the date that is 180 days after the date on which the report under subsection (b) is required to be submitted or the date that is 180 days after the date on which the report is submitted, the Secretary shall deny entry into the United States of any commercial motor vehicle carrying municipal solid waste until the Secretary certifies to Congress that the methodologies and technologies used by United States Customs and Border Protection to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by United States Customs and Border Protection to screen for such weapons in other items of commerce entering into the United States through commercial motor vehicle transport.CommentsClose CommentsPermalink
SEC. 183. BORDER SECURITY ON CERTAIN FEDERAL LAND.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) PROTECTED LAND- The term `protected land' means land under the jurisdiction of the Secretary concerned.CommentsClose CommentsPermalink
(2) SECRETARY CONCERNED- The term `Secretary concerned' means--CommentsClose CommentsPermalink
(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink
(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Support for Border Security Needs-CommentsClose CommentsPermalink
(1) IN GENERAL- To gain operational control over the international land borders of the United States and to prevent the entry of terrorists, unlawful aliens, narcotics, and other contraband into the United States, the Secretary, in cooperation with the Secretary concerned, shall provide--CommentsClose CommentsPermalink
(A) increased United States Customs and Border Protection personnel to secure protected land along the international land borders of the United States;CommentsClose CommentsPermalink
(B) Federal land resource training for United States Customs and Border Protection agents dedicated to protected land; andCommentsClose CommentsPermalink
(C) unmanned aerial vehicles, aerial assets, remote video surveillance camera systems, and sensors on protected land that is directly adjacent to the international land border of the United States, with priority given to units of the National Park System.CommentsClose CommentsPermalink
(2) COORDINATION- In providing training for United States Customs and Border Protection agents under paragraph (1)(B), the Secretary shall coordinate with the Secretary concerned to ensure that the training is appropriate to the mission of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, or the relevant agency of the Department of the Interior or the Department of Agriculture to minimize the adverse impact on natural and cultural resources from border protection activities.CommentsClose CommentsPermalink
(c) Inventory of Costs and Activities- The Secretary concerned shall develop and submit to the Secretary an inventory of costs incurred by the Secretary concerned relating to illegal border activity, including the cost of equipment, training, recurring maintenance, construction of facilities, restoration of natural and cultural resources, recapitalization of facilities, and operations.CommentsClose CommentsPermalink
(d) Recommendations- The Secretary shall--CommentsClose CommentsPermalink
(1) develop joint recommendations with the National Park Service, the United States Fish and Wildlife Service, and the Forest Service for an appropriate cost recovery mechanism relating to items identified in subsection (c); andCommentsClose CommentsPermalink
(2) not later than March 31, 2008, submit to the Committee on the Judiciary and the Committee on Energy and Natural Resources of the Senate and the Committee on the Judiciary and the Committee on Natural Resources of the House of Representatives the recommendations developed under paragraph (1).CommentsClose CommentsPermalink
(e) Border Protection Strategy- The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects--CommentsClose CommentsPermalink
(1) units of the National Park System;CommentsClose CommentsPermalink
(2) National Forest System land;CommentsClose CommentsPermalink
(3) land under the jurisdiction of the United States Fish and Wildlife Service; andCommentsClose CommentsPermalink
(4) other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Reducing the Number of Illegal Aliens in the United States
SEC. 201. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program-CommentsClose CommentsPermalink
(1) CONTINUATION- The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the `Program') or shall develop and implement another program to--CommentsClose CommentsPermalink
(A) identify removable criminal aliens in Federal and State correctional facilities;CommentsClose CommentsPermalink
(B) ensure that such aliens are not released into the community; andCommentsClose CommentsPermalink
(C) remove such aliens from the United States after the completion of their sentences, in accordance with section 241 of the Immigration and Nationality Act (
(2) EXPANSION- The Secretary may extend the scope of the Program to all States.CommentsClose CommentsPermalink
(b) Technology Usage- Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens, such as the Automated Biometric Fingerprint Identification System (IDENT), and live scan technology shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the participation of States in the Program and in any other program carried out pursuant to subsection (a).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
SEC. 202. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General- Section 240B (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) IN GENERAL- If an alien is not removable under paragraph (2)(A)(iii) or (4) of section 237(a)--CommentsClose CommentsPermalink
`(A) the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection instead of being subject to proceedings under section 240; orCommentsClose CommentsPermalink
`(B) the Attorney General may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge.';CommentsClose CommentsPermalink
(B) in paragraph (2), by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
`(A) IN GENERAL-CommentsClose CommentsPermalink
`(i) INSTEAD OF REMOVAL- Subject to subparagraph (B), permission to voluntarily depart under paragraph (1)(A) shall not be valid for any period in excess of 120 days. The Secretary may require an alien permitted to voluntarily depart under paragraph (1)(A) to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified.';CommentsClose CommentsPermalink
`(ii) BEFORE THE CONCLUSION OF REMOVAL PROCEEDINGS- Permission to voluntarily depart under paragraph (1)(B) shall not be valid for any period longer than 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to do so. An immigration judge may require an alien to voluntarily depart under paragraph (1)(B) to post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure.'; andCommentsClose CommentsPermalink
(C) by striking paragraph (3);CommentsClose CommentsPermalink
(2) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
`(c) Conditions on Voluntary Departure-CommentsClose CommentsPermalink
`(1) VOLUNTARY DEPARTURE AGREEMENT- Voluntary departure under this section may only be granted as part of an affirmative agreement by the alien.CommentsClose CommentsPermalink
`(2) CONCESSIONS BY THE SECRETARY- In connection with the alien's agreement to depart voluntarily under paragraph (1)(A), the Secretary of Homeland Security may agree to a reduction in the period of inadmissibility under subparagraph (A) or (B)(i) of section 212(a)(9).CommentsClose CommentsPermalink
`(3) ADVISALS- Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge. The immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement.CommentsClose CommentsPermalink
`(4) FAILURE TO COMPLY WITH AGREEMENT- If an alien agrees to voluntary departure under this section and fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), the alien is--CommentsClose CommentsPermalink
`(A) ineligible for the benefits of the agreement;CommentsClose CommentsPermalink
`(B) subject to the penalties described in subsection (d); andCommentsClose CommentsPermalink
`(C) subject to an alternate order of removal if voluntary departure was granted under subsecti