S 1348 PCSCommentsClose CommentsPermalink

To provide for comprehensive immigration reform and for other purposes.CommentsClose CommentsPermalink

May 9, 2007

Mr. REID (for himself, Mr. LEAHY, Mr. KENNEDY, Mr. MENENDEZ, and Mr. SALAZAR) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

May 10, 2007

Read the second time and placed on the calendarCommentsClose 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 `Comprehensive Immigration Reform 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

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. Border Patrol checkpoints.CommentsClose CommentsPermalink





Sec. 105. Ports of entry.CommentsClose CommentsPermalink





Sec. 106. Construction of strategic border fencing and vehicle barriers.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. Improving the security of Mexico's southern border.CommentsClose CommentsPermalink





Sec. 115. Combating human smuggling.CommentsClose CommentsPermalink





Sec. 116. Deaths at United States-Mexico border.CommentsClose CommentsPermalink





Sec. 117. Cooperation with the Government of Mexico.CommentsClose CommentsPermalink

Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.CommentsClose CommentsPermalink





Sec. 122. Secure communication.CommentsClose CommentsPermalink





Sec. 123. Border Patrol training capacity review.CommentsClose CommentsPermalink





Sec. 124. US-VISIT System.CommentsClose CommentsPermalink





Sec. 125. Document fraud detection.CommentsClose CommentsPermalink





Sec. 126. Improved document integrity.CommentsClose CommentsPermalink





Sec. 127. Cancellation of visas.CommentsClose CommentsPermalink





Sec. 128. Biometric entry-exit system.CommentsClose CommentsPermalink





Sec. 129. Border study.CommentsClose CommentsPermalink





Sec. 130. Secure Border Initiative financial accountability.CommentsClose CommentsPermalink





Sec. 131. Mandatory detention for aliens apprehended at or between ports of entry.CommentsClose CommentsPermalink





Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.CommentsClose CommentsPermalink





Sec. 133. Temporary National Guard support for securing the southern land border of the United States.CommentsClose CommentsPermalink





Sec. 134. Report on incentives to encourage certain members and former members of the Armed Forces to serve in United States Customs and Border Protection.CommentsClose CommentsPermalink





Sec. 135. Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink

Subtitle D--Border Law Enforcement Relief Act

Sec. 141. Short title.CommentsClose CommentsPermalink





Sec. 142. Findings.CommentsClose CommentsPermalink





Sec. 143. Border relief grant program.CommentsClose CommentsPermalink





Sec. 144. Enforcement of Federal immigration law.CommentsClose CommentsPermalink

Subtitle E--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

TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.CommentsClose CommentsPermalink





Sec. 202. Detention and removal of aliens ordered removed.CommentsClose CommentsPermalink





Sec. 203. Aggravated felony.CommentsClose CommentsPermalink





Sec. 204. Terrorist bars.CommentsClose CommentsPermalink





Sec. 205. Increased criminal penalties related to gang violence, removal, and alien smuggling.CommentsClose CommentsPermalink





Sec. 206. Illegal entry.CommentsClose CommentsPermalink





Sec. 207. Illegal reentry.CommentsClose CommentsPermalink





Sec. 208. Reform of passport, visa, and Immigration fraud offenses.CommentsClose CommentsPermalink





Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses.CommentsClose CommentsPermalink





Sec. 210. Incarceration of criminal aliens.CommentsClose CommentsPermalink





Sec. 211. Encouraging aliens to depart voluntarily.CommentsClose CommentsPermalink





Sec. 212. Deterring aliens ordered removed from remaining in the United States unlawfully.CommentsClose CommentsPermalink





Sec. 213. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.CommentsClose CommentsPermalink





Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.CommentsClose CommentsPermalink





Sec. 215. Diplomatic Security Service.CommentsClose CommentsPermalink





Sec. 216. Field agent allocation and background checks.CommentsClose CommentsPermalink





Sec. 217. Construction.CommentsClose CommentsPermalink





Sec. 218. State Criminal Alien Assistance Program.CommentsClose CommentsPermalink





Sec. 219. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.CommentsClose CommentsPermalink





Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.CommentsClose CommentsPermalink





Sec. 221. Alternatives to detention.CommentsClose CommentsPermalink





Sec. 222. Conforming amendment.CommentsClose CommentsPermalink





Sec. 223. Reporting requirements.CommentsClose CommentsPermalink





Sec. 224. State and local enforcement of Federal immigration laws.CommentsClose CommentsPermalink





Sec. 225. Removal of drunk drivers.CommentsClose CommentsPermalink





Sec. 226. Medical services in underserved areas.CommentsClose CommentsPermalink





Sec. 227. Expedited removal.CommentsClose CommentsPermalink





Sec. 228. Protecting immigrants from convicted sex offenders.CommentsClose CommentsPermalink





Sec. 229. Law enforcement authority of States and political subdivisions and transfer to Federal custody.CommentsClose CommentsPermalink





Sec. 230. Laundering of monetary instruments.CommentsClose CommentsPermalink





Sec. 231. Listing of Immigration violators in the National Crime Information Center database.CommentsClose CommentsPermalink





Sec. 232. Cooperative enforcement programs.CommentsClose CommentsPermalink





Sec. 233. 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. 234. Determination of immigration status of individuals charged with Federal offenses.CommentsClose CommentsPermalink





Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.CommentsClose CommentsPermalink

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.CommentsClose CommentsPermalink





Sec. 302. Employer Compliance Fund.CommentsClose CommentsPermalink





Sec. 303. Additional worksite enforcement and fraud detection agents.CommentsClose CommentsPermalink





Sec. 304. Clarification of ineligibility for misrepresentation.CommentsClose CommentsPermalink





Sec. 305. Antidiscrimination protections.CommentsClose CommentsPermalink

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.CommentsClose CommentsPermalink





Sec. 402. Nonimmigrant temporary worker.CommentsClose CommentsPermalink





Sec. 403. Admission of nonimmigrant temporary guest workers.CommentsClose CommentsPermalink





Sec. 404. Employer obligations.CommentsClose CommentsPermalink





Sec. 405. Alien employment management system.CommentsClose CommentsPermalink





Sec. 406. Rulemaking; effective date.CommentsClose CommentsPermalink





Sec. 407. Recruitment of United States workers.CommentsClose CommentsPermalink





Sec. 408. Temporary Guest Worker Visa Program Task Force.CommentsClose CommentsPermalink





Sec. 409. Requirements for participating countries.CommentsClose CommentsPermalink





Sec. 410. S visas.CommentsClose CommentsPermalink





Sec. 411. L visa limitations.CommentsClose CommentsPermalink





Sec. 412. Compliance investigators.CommentsClose CommentsPermalink





Sec. 413. Visa waiver program expansion.CommentsClose CommentsPermalink





Sec. 414. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.CommentsClose CommentsPermalink





Sec. 422. Appropriate remedies for immigration legislation.CommentsClose CommentsPermalink





Sec. 423. Effective date.CommentsClose CommentsPermalink

TITLE V--BACKLOG REDUCTION

Subtitle A--Backlog Reduction

Sec. 501. Elimination of existing backlogs.CommentsClose CommentsPermalink





Sec. 502. Country limits.CommentsClose CommentsPermalink





Sec. 503. Allocation of immigrant visas.CommentsClose CommentsPermalink





Sec. 504. Relief for minor children and widows.CommentsClose CommentsPermalink





Sec. 505. Shortage occupations.CommentsClose CommentsPermalink





Sec. 506. Relief for widows and orphans.CommentsClose CommentsPermalink





Sec. 507. Student visas.CommentsClose CommentsPermalink





Sec. 508. Visas for individuals with advanced degrees.CommentsClose CommentsPermalink





Sec. 509. Children of Filipino World War II veterans.CommentsClose CommentsPermalink





Sec. 510. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability.CommentsClose CommentsPermalink





Sec. 511. Powerline workers.CommentsClose CommentsPermalink





Sec. 512. Determinations with respect to children under the Haitian Refugee Immigration Fairness Act of 1998.CommentsClose CommentsPermalink

Subtitle B--SKIL Act of 2007

Sec. 521. Short title.CommentsClose CommentsPermalink





Sec. 522. H-1B visa holders.CommentsClose CommentsPermalink





Sec. 523. Market-based visa limits.CommentsClose CommentsPermalink





Sec. 524. United States educated immigrants.CommentsClose CommentsPermalink





Sec. 525. Student visa reform.CommentsClose CommentsPermalink





Sec. 526. L-1 visa holders subject to visa backlog.CommentsClose CommentsPermalink





Sec. 527. Retaining workers subject to green card backlog.CommentsClose CommentsPermalink





Sec. 528. Streamlining the adjudication process for established employers.CommentsClose CommentsPermalink





Sec. 529. Providing premium processing of employment-based visa petitions.CommentsClose CommentsPermalink





Sec. 530. Eliminating procedural delays in labor certification process.CommentsClose CommentsPermalink





Sec. 531. Completion of background and security checks.CommentsClose CommentsPermalink





Sec. 532. Visa revalidation.CommentsClose CommentsPermalink

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina Victims

Sec. 541. Short title.CommentsClose CommentsPermalink





Sec. 542. Definitions.CommentsClose CommentsPermalink





Sec. 543. Special immigrant status.CommentsClose CommentsPermalink





Sec. 544. Extension of filing or reentry deadlines.CommentsClose CommentsPermalink





Sec. 545. Humanitarian relief for certain surviving spouses and children.CommentsClose CommentsPermalink





Sec. 546. Recipient of public benefits.CommentsClose CommentsPermalink





Sec. 547. Age-out protection.CommentsClose CommentsPermalink





Sec. 548. Employment eligibility verification.CommentsClose CommentsPermalink





Sec. 549. Naturalization.CommentsClose CommentsPermalink





Sec. 550. Discretionary authority.CommentsClose CommentsPermalink





Sec. 551. Evidentiary standards and regulations.CommentsClose CommentsPermalink





Sec. 552. Identification documents.CommentsClose CommentsPermalink





Sec. 553. Waiver of regulations.CommentsClose CommentsPermalink





Sec. 554. Notices of change of address.CommentsClose CommentsPermalink





Sec. 555. Foreign students and exchange program participants.CommentsClose CommentsPermalink

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

Sec. 601. Access to earned adjustment and mandatory departure and reentry.CommentsClose CommentsPermalink

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

Sec. 611. Short title.CommentsClose CommentsPermalink





Sec. 612. Definitions.CommentsClose CommentsPermalink

Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers

Sec. 613. Agricultural workers.CommentsClose CommentsPermalink





Sec. 614. Correction of Social Security records.CommentsClose CommentsPermalink

Chapter 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.CommentsClose CommentsPermalink

Chapter 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.CommentsClose CommentsPermalink





Sec. 617. Regulations.CommentsClose CommentsPermalink





Sec. 618. Report to Congress.CommentsClose CommentsPermalink





Sec. 619. Effective date.CommentsClose CommentsPermalink

Subtitle C--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.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 D--Programs To Assist Nonimmigrant Workers

Sec. 641. Ineligibility and removal before application period.CommentsClose CommentsPermalink





Sec. 642. Grants to support public education and community training.CommentsClose CommentsPermalink





Sec. 643. Strengthening American citizenship.CommentsClose CommentsPermalink





Sec. 644. Supplemental immigration fee.CommentsClose CommentsPermalink





Sec. 645. Addressing poverty in Mexico.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

Chapter 1--Appeals and Review

Sec. 701. Additional immigration personnel.CommentsClose CommentsPermalink

Chapter 2--Immigration Review Reform

Sec. 702. Board of Immigration Appeals.CommentsClose CommentsPermalink





Sec. 703. Immigration judges.CommentsClose CommentsPermalink





Sec. 704. Removal and review of judges.CommentsClose CommentsPermalink





Sec. 705. Legal orientation program.CommentsClose CommentsPermalink





Sec. 706. Rulemaking.CommentsClose CommentsPermalink





Sec. 707. GAO study on the appellate process for immigration appeals.CommentsClose CommentsPermalink





Sec. 708. Senior judge participation in the selection of magistrates.CommentsClose CommentsPermalink

Subtitle B--Citizenship Assistance for Members of the Armed Services

Sec. 711. Short title.CommentsClose CommentsPermalink





Sec. 712. Waiver of requirement for fingerprints for members of 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--State Court Interpreter Grant Program

Sec. 721. Short title.CommentsClose CommentsPermalink





Sec. 722. Findings.CommentsClose CommentsPermalink





Sec. 723. State court interpreter grants.CommentsClose CommentsPermalink





Sec. 724. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Border Infrastructure and Technology Modernization

Sec. 731. Short title.CommentsClose CommentsPermalink





Sec. 732. Definitions.CommentsClose CommentsPermalink





Sec. 733. Port of Entry Infrastructure Assessment Study.CommentsClose CommentsPermalink





Sec. 734. National Land Border Security Plan.CommentsClose CommentsPermalink





Sec. 735. Expansion of commerce security programs.CommentsClose CommentsPermalink





Sec. 736. Port of entry technology demonstration program.CommentsClose CommentsPermalink





Sec. 737. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle E--Family Humanitarian Relief

Sec. 741. Short title.CommentsClose CommentsPermalink





Sec. 742. Adjustment of status for certain nonimmigrant victims of terrorism.CommentsClose CommentsPermalink





Sec. 743. Cancellation of removal for certain immigrant victims of terrorism.CommentsClose CommentsPermalink





Sec. 744. Exceptions.CommentsClose CommentsPermalink





Sec. 745. Evidence of death.CommentsClose CommentsPermalink





Sec. 746. Definitions.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 751. Noncitizen membership in the Armed Forces.CommentsClose CommentsPermalink





Sec. 752. Surveillance technologies programs.CommentsClose CommentsPermalink





Sec. 753. Comprehensive immigration efficiency review.CommentsClose CommentsPermalink





Sec. 754. Northern Border Prosecution Initiative.CommentsClose CommentsPermalink





Sec. 755. Southwest Border Prosecution Initiative.CommentsClose CommentsPermalink





Sec. 756. Grant program to assist eligible applicants.CommentsClose CommentsPermalink





Sec. 757. Screening of municipal solid waste.CommentsClose CommentsPermalink





Sec. 758. Access to immigration services in areas that are not accessible by road.CommentsClose CommentsPermalink





Sec. 759. Border security on certain Federal land.CommentsClose CommentsPermalink





Sec. 760. Unmanned aerial vehicles.CommentsClose CommentsPermalink





Sec. 761. Relief for widows and orphans.CommentsClose CommentsPermalink





Sec. 762. Terrorist activities.CommentsClose CommentsPermalink





Sec. 763. Family unity.CommentsClose CommentsPermalink





Sec. 764. Travel document plan.CommentsClose CommentsPermalink





Sec. 765. English as national language.CommentsClose CommentsPermalink





Sec. 766. Requirements for naturalization.CommentsClose CommentsPermalink





Sec. 767. Declaration of English.CommentsClose CommentsPermalink





Sec. 768. Preserving and enhancing the role of the English language.CommentsClose CommentsPermalink





Sec. 769. Exclusion of illegal aliens from congressional apportionment tabulations.CommentsClose CommentsPermalink





Sec. 770. Office of Internal Corruption Investigation.CommentsClose CommentsPermalink





Sec. 771. Adjustment of status for certain persecuted religious minorities.CommentsClose CommentsPermalink





Sec. 772. Eligibility of agricultural and forestry workers for certain legal assistance.CommentsClose CommentsPermalink





Sec. 773. Designation of program countries.CommentsClose CommentsPermalink





Sec. 774. Global healthcare cooperation.CommentsClose CommentsPermalink





Sec. 775. Attestation by healthcare workers.CommentsClose CommentsPermalink





Sec. 776. Public access to the Statue of Liberty.CommentsClose CommentsPermalink





Sec. 777. National security determination.CommentsClose CommentsPermalink

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Sec. 801. Short title.CommentsClose CommentsPermalink





Sec. 802. Findings; purposes.CommentsClose CommentsPermalink





Sec. 803. Definitions.CommentsClose CommentsPermalink

Subtitle A--Administration of Intercountry Adoptions

Sec. 811. Office of Intercountry Adoptions.CommentsClose CommentsPermalink





Sec. 812. Recognition of convention adoptions in the United States.CommentsClose CommentsPermalink





Sec. 813. Technical and conforming amendment.CommentsClose CommentsPermalink





Sec. 814. Transfer of functions.CommentsClose CommentsPermalink





Sec. 815. Transfer of resources.CommentsClose CommentsPermalink





Sec. 816. Incidental transfers.CommentsClose CommentsPermalink





Sec. 817. Savings provisions.CommentsClose CommentsPermalink

Subtitle B--Reform of United States Laws Governing Intercountry Adoptions

Sec. 821. Automatic acquisition of citizenship for adopted children born outside the United States.CommentsClose CommentsPermalink





Sec. 822. Revised procedures.CommentsClose CommentsPermalink





Sec. 823. Nonimmigrant visas for children traveling to the United States to be adopted by a United States citizen.CommentsClose CommentsPermalink





Sec. 824. Definition of adoptable child.CommentsClose CommentsPermalink





Sec. 825. Approval to adopt.CommentsClose CommentsPermalink





Sec. 826. Adjudication of child status.CommentsClose CommentsPermalink





Sec. 827. Funds.CommentsClose CommentsPermalink

Subtitle C--Enforcement

Sec. 831. Civil penalties and enforcement.CommentsClose CommentsPermalink





Sec. 832. Criminal penalties.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 (8 U.S.C. 1101 et seq.).CommentsClose CommentsPermalink

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

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel-CommentsClose CommentsPermalink





(1) PORT OF ENTRY 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) INVESTIGATIVE PERSONNEL-CommentsClose CommentsPermalink





(A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking `800' and inserting `1000'.CommentsClose CommentsPermalink





(B) ADDITIONAL PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph (A), 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) DEPUTY 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





(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.CommentsClose CommentsPermalink





(B) REPORT- Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit a report on the implementation of the recruitment program established pursuant to subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) PORT OF ENTRY INSPECTORS- 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) of subsection (a).CommentsClose CommentsPermalink





(2) DEPUTY UNITED STATES MARSHALS- 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 subsection (a)(3).CommentsClose CommentsPermalink





(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:CommentsClose CommentsPermalink

`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

SEC. 102. TECHNOLOGICAL ASSETS.

(a) Acquisition- Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, 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.CommentsClose CommentsPermalink





(b) 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





(c) 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





(d) 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





(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under subsection (c), 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





(f) 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 section 1385 of title 18, United States Code.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. BORDER PATROL CHECKPOINTS.

The Secretary may maintain temporary or permanent checkpoints on roadways in border patrol sectors that are located in proximity to the international border between the United States and Mexico.CommentsClose CommentsPermalink

SEC. 105. 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 the enactment of this Act.CommentsClose CommentsPermalink

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.

(a) Tucson Sector- The Secretary shall--CommentsClose CommentsPermalink





(1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;CommentsClose CommentsPermalink





(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; andCommentsClose CommentsPermalink





(3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.CommentsClose CommentsPermalink





(b) Yuma Sector- The Secretary shall--CommentsClose CommentsPermalink





(1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in Yuma, Somerton, and San Luis, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;CommentsClose CommentsPermalink





(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector; andCommentsClose CommentsPermalink





(3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.CommentsClose CommentsPermalink





(c) Other High Trafficked Areas- The Secretary shall construct not less than 370 miles of triple-layered fencing which may include portions already constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle barriers in other areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and illegal aliens attempting to gain illegal entry into the United States.CommentsClose CommentsPermalink





(d) Construction Deadline- The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a), (b), and (c) and shall complete such construction not later than 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Report- Not later than 1 year after the date of the enactment of this Act, 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 the progress that has been made in constructing the fencing, barriers, and roads described in subsections (a), (b), and (c).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

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 the enactment of this Act.CommentsClose CommentsPermalink





(3) A description of how the Commissioner of the United States Customs and Border Protection of the Department 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





(c) Submission to Congress- Not later than 6 months after the date of the 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, personal 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 the 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 the 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 implementing the agreement between Canada and the United States known as the Firearms Trafficking Action Plan;CommentsClose CommentsPermalink





(C) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;CommentsClose CommentsPermalink





(D) in developing a joint threat assessment on organized crime between Canada and the United States;CommentsClose CommentsPermalink





(E) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;CommentsClose CommentsPermalink





(F) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; andCommentsClose CommentsPermalink





(G) 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. 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 Guatemala and Belize 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 Guatemala and Belize from Canada, Mexico, and the United States to meet such needs;CommentsClose CommentsPermalink





(3) to provide technical assistance to Guatemala and Belize to promote issuance of secure passports and travel documents by such countries; andCommentsClose CommentsPermalink





(4) to encourage Guatemala and Belize--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 Belize, Guatemala, and Mexico- The Secretary, in consultation with the Secretary of State, shall work to cooperate--CommentsClose CommentsPermalink





(1) with the appropriate officials of the Government of Guatemala and the Government of Belize to provide law enforcement assistance to Guatemala and Belize that specifically addresses immigration issues to increase the ability of the Government of Guatemala to dismantle human smuggling organizations and gain additional control over the international border between Guatemala and Belize; andCommentsClose CommentsPermalink





(2) with the appropriate officials of the Government of Belize, the Government of Guatemala, the Government of Mexico, and the governments of neighboring contiguous countries to establish a program to provide needed equipment, technical assistance, and vehicles to manage, regulate, and patrol the international borders between Mexico and Guatemala and between Mexico and Belize.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 Government of Mexico, the Government of Guatemala, the Government of Belize, and the governments of other Central American countries--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 Belize, Guatemala, Mexico, the United States, and other appropriate countries 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 of 2006 (Public Law 109-102; 119 Stat. 2218).CommentsClose CommentsPermalink

SEC. 115. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination between the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Protection of the Department 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 combating 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. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

(a) Collection of Statistics- The Commissioner of the Bureau of 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 the Bureau of 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. 117. 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 consult with their counterparts in Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico, as authorized by this title, before the commencement of any such construction 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

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 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 (8 U.S.C. 1365a).CommentsClose CommentsPermalink

SEC. 122. 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. 123. 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 the Bureau of 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. 124. US-VISIT SYSTEM.

Not later than 6 months after the date of the 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 section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);CommentsClose CommentsPermalink





(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. 125. DOCUMENT FRAUD DETECTION.

(a) Training- Subject to the availability of appropriations, the Secretary shall provide all Customs and Border Protection officers 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 the Bureau of Immigration and Customs Enforcement.CommentsClose CommentsPermalink





(b) Forensic Document Laboratory- The Secretary shall provide all 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 the 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. 126. IMPROVED DOCUMENT INTEGRITY.

(a) In General- Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--CommentsClose CommentsPermalink





(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 October 26, 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 status as an immigrant, nonimmigrant, parolee, asylee, or refugee, 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. 127. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(B) by inserting `and any other nonimmigrant visa issued by the United States that is in the possession of the alien' after `such visa'; andCommentsClose CommentsPermalink





(2) in paragraph (2)(A), by striking `(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality' and inserting `(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence'.CommentsClose CommentsPermalink

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Departing the United States- Section 215 (8 U.S.C. 1185) is amended--CommentsClose CommentsPermalink





(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) (8 U.S.C. 1225(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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 (8 U.S.C. 1282) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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 (8 U.S.C. 1182) is amended--CommentsClose CommentsPermalink





(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 (8 U.S.C. 1365b) is amended--CommentsClose CommentsPermalink





(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 the 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. 129. BORDER STUDY.

(a) Southern Border Study- The Secretary, in consultation with the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall conduct a study on the construction of a system of physical barriers along the southern international land and maritime border of the United States. The study shall include--CommentsClose CommentsPermalink





(1) an assessment of the necessity of constructing such a system, including the identification of areas of high priority for the construction of such a system determined after consideration of factors including the amount of narcotics trafficking and the number of illegal immigrants apprehended in such areas;CommentsClose CommentsPermalink





(2) an assessment of the feasibility of constructing such a system;CommentsClose CommentsPermalink





(3) an assessment of the international, national, and regional environmental impact of such a system, including the impact on zoning, global climate change, ozone depletion, biodiversity loss, and transboundary pollution;CommentsClose CommentsPermalink





(4) an assessment of the necessity for ports of entry along such a system;CommentsClose CommentsPermalink





(5) an assessment of the impact such a system would have on international trade, commerce, and tourism;CommentsClose CommentsPermalink





(6) an assessment of the effect of such a system on private property rights including issues of eminent domain and riparian rights;CommentsClose CommentsPermalink





(7) an estimate of the costs associated with building a barrier system, including costs associated with excavation, construction, and maintenance;CommentsClose CommentsPermalink





(8) an assessment of the effect of such a system on Indian reservations and units of the National Park System;CommentsClose CommentsPermalink





(9) an assessment of the necessity of constructing such a system after the implementation of provisions of this Act relating to guest workers, visa reform, and interior and worksite enforcement, and the likely effect of such provisions on undocumented immigration and the flow of illegal immigrants across the international border of the United States;CommentsClose CommentsPermalink





(10) an assessment of the impact of such a system on diplomatic relations between the United States and Mexico, Central America, and South America, including the likely impact of such a system on existing and potential areas of bilateral and multilateral cooperative enforcement efforts;CommentsClose CommentsPermalink





(11) an assessment of the impact of such a system on the quality of life within border communities in the United States and Mexico, including its impact on noise and light pollution, housing, transportation, security, and environmental health;CommentsClose CommentsPermalink





(12) an assessment of the likelihood that such a system would lead to increased violations of the human rights, health, safety, or civil rights of individuals in the region near the southern international border of the United States, regardless of the immigration status of such individuals;CommentsClose CommentsPermalink





(13) an assessment of the effect such a system would have on violence near the southern international border of the United States; andCommentsClose CommentsPermalink





(14) an assessment of the effect of such a system on the vulnerability of the United States to infiltration by terrorists or other agents intending to inflict direct harm on the United States.CommentsClose CommentsPermalink





(b) Report- Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study described in subsection (a).CommentsClose CommentsPermalink

SEC. 130. 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 is 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 than 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

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.

(a) In General- Beginning on October 1, 2008, an alien (other than a national of Mexico) who is attempting to illegally enter the United States and who is apprehended at a United States port of entry or along the international land and maritime border of the United States shall be detained until removed or a final decision granting admission has been determined, unless the alien--CommentsClose CommentsPermalink





(1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) and immediately departs from the United States pursuant to such section; orCommentsClose CommentsPermalink





(2) is paroled into the United States by the Secretary for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).CommentsClose CommentsPermalink





(b) Requirements During Interim Period- Beginning 60 days after the date of the enactment of this Act and before October 1, 2008, an alien described in subsection (a) may be released with a notice to appear only if--CommentsClose CommentsPermalink





(1) the Secretary determines, after conducting all appropriate background and security checks on the alien, that the alien does not pose a national security risk; andCommentsClose CommentsPermalink





(2) the alien provides a bond of not less than $5,000.CommentsClose CommentsPermalink





(c) Rules of Construction-CommentsClose CommentsPermalink





(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution.CommentsClose CommentsPermalink





(2) TREATMENT OF CERTAIN ALIENS- The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.CommentsClose CommentsPermalink





(3) DISCRETION- Nothing in this section shall be construed as limiting the authority of the Secretary, in the Secretary's sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).CommentsClose CommentsPermalink

SEC. 132. 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 during violation of arrival, reporting, entry, or clearance requirements

`(a) Prohibition- A person 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, attempts to inflict or inflicts bodily injury (as defined in section 1365(g) 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 the following:CommentsClose CommentsPermalink





`555. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.'.CommentsClose CommentsPermalink





(c) Failure To Obey Border Enforcement Officers- Section 111 of title 18, United States Code, is amended by inserting after subsection (b) the following:CommentsClose CommentsPermalink





`(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 section 554 (as added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)) as section 555.CommentsClose CommentsPermalink





(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





`Sec. 554. Border tunnels and passages.';CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(B) by inserting the following:CommentsClose CommentsPermalink





`Sec. 555. Border tunnels and passages.'.CommentsClose CommentsPermalink





(3) CRIMINAL FORFEITURE- Section 982(a)(6) of title 18, United States Code, is amended by striking `554' and inserting `555'.CommentsClose CommentsPermalink





(4) DIRECTIVE TO UNITED STATES SENTENCING COMMISSION- Paragraphs (1) and (2)(A) of section 551(d) of the Department of Homeland Security Appropriations Act, 2007 is amended by striking `554' and inserting `555'.CommentsClose CommentsPermalink

SEC. 133. 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 section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized in subsection (b), for the purpose of securing such border. Such duty shall not exceed 21 days in any year.CommentsClose CommentsPermalink





(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 section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units or personnel performing annual training duty under paragraph (1).CommentsClose CommentsPermalink





(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; andCommentsClose 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. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE IN UNITED STATES CUSTOMS AND BORDER PROTECTION.

(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering incentives to covered members and former members of the Armed Forces for the purpose of encouraging such members to serve in the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink





(b) Covered Members and Former Members of the Armed Forces- For purposes of this section, covered members and former members of the Armed Forces are the following:CommentsClose CommentsPermalink





(1) Members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink





(2) Former members of the Armed Forces within two years of separation from service in the Armed Forces.CommentsClose CommentsPermalink





(c) Requirements and Limitations-CommentsClose CommentsPermalink





(1) NATURE OF INCENTIVES- In considering incentives for purposes of the report required by subsection (a), the Secretaries shall consider such incentives, whether monetary or otherwise and whether or not authorized by current law or regulations, as the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink





(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of the report, the Secretaries shall give particular attention to the utility of such incentive in--CommentsClose CommentsPermalink





(A) encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former of the Armed Forces who have provided border patrol or border security assistance to the Bureau as part of their duties as members of the Armed Forces; andCommentsClose CommentsPermalink





(B) leveraging military training and experience by accelerating training, or allowing credit to be applied to related areas of training, required for service with the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink





(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries shall assume that any costs of such incentives shall be borne by the Department of Homeland Security.CommentsClose CommentsPermalink





(d) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A description of various monetary and non-monetary incentives considered for purposes of the report.CommentsClose CommentsPermalink





(2) An assessment of the desirability and feasibility of utilizing any such incentive for the purpose specified in subsection (a), including an assessment of the particular utility of such incentive in encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former members of the Armed Forces described in subsection (c)(2).CommentsClose CommentsPermalink





(3) Any other matters that the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink





(e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink





(1) the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; andCommentsClose CommentsPermalink





(2) the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) United States citizens make approximately 130,000,000 land border crossings each year between the United States and Canada and the United States and Mexico, with approximately 23,000,000 individual United States citizens crossing the border annually.CommentsClose CommentsPermalink





(2) Approximately 27 percent of United States citizens possess United States passports.CommentsClose CommentsPermalink





(3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000 passports, representing an increase of 15 percent from fiscal year 2004.CommentsClose CommentsPermalink





(4) The Secretary of State estimates that 16,000,000 passports will be issued in fiscal year 2007 and 17,000,000 passports will be issued in fiscal year 2008.CommentsClose CommentsPermalink





(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline- Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking `January 1, 2008' and inserting `the later of June 1, 2009, or 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subsection (i) of section 133 of the Comprehensive Immigration Reform Act of 2007.'.CommentsClose CommentsPermalink





(c) Passport Cards-CommentsClose CommentsPermalink





(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States citizens to Canada, Mexico, the countries located in the Caribbean, and Bermuda, the Secretary of State, in consultation with the Secretary, is authorized to develop a travel document known as a Passport Card.CommentsClose CommentsPermalink





(2) ISSUANCE- In accordance with the Western Hemisphere Travel Initiative carried out pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of State, in consultation with the Secretary, shall be authorized to issue to a citizen of the United States who submits an application in accordance with paragraph (5) a travel document that will serve as a Passport Card.CommentsClose CommentsPermalink





(3) APPLICABILITY- A Passport Card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports.CommentsClose CommentsPermalink





(4) VALIDITY- A Passport Card shall be valid for the same period as a United States passport.CommentsClose CommentsPermalink





(5) LIMITATION ON USE- A Passport Card may only be used for the purpose of international travel by United States citizens through land and sea ports of entry between--CommentsClose CommentsPermalink





(A) the United States and Canada;CommentsClose CommentsPermalink





(B) the United States and Mexico; andCommentsClose CommentsPermalink





(C) the United States and a country located in the Caribbean or Bermuda.CommentsClose CommentsPermalink





(6) APPLICATION FOR ISSUANCE- To be issued a Passport Card, a United States citizen shall submit an application to the Secretary of State. The Secretary of State shall require that such application shall contain the same information as is required to determine citizenship, identity, and eligibility for issuance of a United States passport.CommentsClose CommentsPermalink





(7) TECHNOLOGY-CommentsClose CommentsPermalink





(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable, a Passport Card shall be designed and produced to provide a platform on which the expedited traveler programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be added. The Secretary of State and the Secretary shall notify Congress not later than July 1, 2007, if the technology to add expedited travel features to the Passport Card is not developed by that date.CommentsClose CommentsPermalink





(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department, allows for future technological innovations, and ensures maximum facilitation at the northern and southern borders.CommentsClose CommentsPermalink





(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable and durable. The Secretary of State and the Secretary shall consult regarding the other technical specifications of the Card, including whether the security features of the Card could be combined with other existing identity documentation.CommentsClose CommentsPermalink





(9) FEE-CommentsClose CommentsPermalink





(A) IN GENERAL- An applicant for a Passport Card shall submit an application under paragraph (6) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Passport Card fees shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended.CommentsClose CommentsPermalink





(B) LIMITATION ON FEES-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary of State shall seek to make the application fee under this paragraph as low as possible.CommentsClose CommentsPermalink





(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause (iii), the application fee may not exceed $24.CommentsClose CommentsPermalink





(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not more than $34 if the Secretary of State, the Secretary, and the Postmaster General--CommentsClose CommentsPermalink





(I) jointly certify to Congress that the cost to produce and issue a Passport Card significantly exceeds $24; andCommentsClose CommentsPermalink





(II) provide a detailed cost analysis for such fee.CommentsClose CommentsPermalink





(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for a Passport Card for an individual who submits an application for a Passport Card together with an application for a United States passport.CommentsClose CommentsPermalink





(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the fee for a Passport Card for a child under 18 years of age.CommentsClose CommentsPermalink





(E) AUDIT- In the event that the fee for a Passport Card exceeds $24, the Comptroller General of the United States shall conduct an audit to determine whether Passport Cards are issued at the lowest possible cost.CommentsClose CommentsPermalink





(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable, an application for a Passport Card shall be accepted in the same manner and at the same locations as an application for a United States passport.CommentsClose CommentsPermalink





(11) RULE OF CONSTRUCTION- Nothing in this section shall be construed as limiting, altering, modifying, or otherwise affecting the validity of a United States passport. A United States citizen may possess a United States passport and a Passport Card.CommentsClose CommentsPermalink





(d) State Enrollment Demonstration Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary of State and the Secretary shall enter into a memorandum of understanding with 1 or more appropriate States to carry out at least 1 demonstration program as follows:CommentsClose CommentsPermalink





(A) A State may include an individual's United States citizenship status on a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).CommentsClose CommentsPermalink





(B) The Secretary of State shall develop a mechanism to communicate with a participating State to verify the United States citizenship status of an applicant who voluntarily seeks to have the applicant's United States citizenship status included on a driver's license.CommentsClose CommentsPermalink





(C) All information collected about the individual shall be managed exclusively in the same manner as information collected through a passport application and no further distribution of such information shall be permitted.CommentsClose CommentsPermalink





(D) A State may not require an individual to include the individual's citizenship status on a driver's license.CommentsClose CommentsPermalink





(E) Notwithstanding any other provision of law, a driver's license which meets the requirements of this paragraph shall be deemed to be sufficient documentation to permit the bearer to enter the United States from Canada or Mexico through not less than at least 1 designated international border crossing in each State participating in the demonstration program.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect of creating a national identity card.CommentsClose CommentsPermalink





(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may expand the demonstration program under this subsection so that such program is carried out in additional States, through additional ports of entry, for additional foreign countries, and in a manner that permits the use of additional types of identification documents to prove identity under the program.CommentsClose CommentsPermalink





(4) STUDY- Not later than 6 months after the date that the demonstration program under this subsection is carried out, the Comptroller General of the United States shall conduct a study of--CommentsClose CommentsPermalink





(A) the cost of the production and issuance of documents that meet the requirements of the program compared with other travel documents;CommentsClose CommentsPermalink





(B) the impact of the program on the flow of cross-border traffic and the economic impact of the program; andCommentsClose CommentsPermalink





(C) the security of travel documents that meet the requirements of the program compared with other travel documents.CommentsClose CommentsPermalink





(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law, if the Secretary of State and the Secretary certify that certain identity documents issued by Canada (or any of its provinces) meet security and citizenship standards comparable to the requirements described in paragraph (1), the Secretary may determine that such documents are sufficient to permit entry into the United States. The Secretary shall work, to the maximum extent possible, to ensure that identification documents issued by Canada that are used as described in this paragraph contain the same technology as identification documents issued by the United States (or any State).CommentsClose CommentsPermalink





(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary shall seek to conduct pilot programs related to Passport Cards and the State Enrollment Demonstration Program described in this subsection on the international border between the United States and Canada and the international border between the United States and Mexico.CommentsClose CommentsPermalink





(e) Expedited Processing for Repeat Travelers-CommentsClose CommentsPermalink





(1) LAND CROSSINGS- To the maximum extent practicable at the United States border with Canada and the United States border with Mexico, the Secretary shall expand expedited traveler programs carried out by the Secretary to all ports of entry and should encourage citizens of the United States to participate in the preenrollment programs, as such programs assist border control officers of the United States in the fight against terrorism by increasing the number of known travelers crossing the border. The identities of such expedited travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists. The Secretary, in consultation with the appropriate officials of the Government of Canada, shall equip at least 6 additional northern border crossings with NEXUS technology and 6 additional southern ports of entry with SENTRI technology.CommentsClose CommentsPermalink





(2) SEA CROSSINGS- The Commissioner of Customs and Border Patrol shall conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of United States citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program shall be conducted in Florida and modeled on the I-68 program.CommentsClose CommentsPermalink





(f) Process for Individuals Lacking Appropriate Documents-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish a program that satisfies section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)--CommentsClose CommentsPermalink





(A) to permit a citizen of the United States who has not been issued a United States passport or other appropriate travel document to cross the international border and return to the United States for a time period of not more than 72 hours, on a limited basis, and at no additional fee; orCommentsClose CommentsPermalink





(B) to establish a process to ascertain the identity of, and make admissibility determinations for, a citizen described in paragraph (A) upon the arrival of such citizen at an international border of the United States.CommentsClose CommentsPermalink





(2) GRACE PERIOD- During a time period determined by the Secretary, officers of the United States Customs and Border Patrol may permit citizens of the United States and Canada who are unaware of the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking appropriate documentation, to enter the United States upon a demonstration of citizenship satisfactory to the officer. Officers of the United States Customs and Border Patrol shall educate such individuals about documentary requirements.CommentsClose CommentsPermalink





(g) Travel by Children- Notwithstanding any other provision of law, the Secretary shall develop a procedure to accommodate groups of children traveling by land across an international border under adult supervision with parental consent without requiring a government-issued identity and citizenship document.CommentsClose CommentsPermalink





(h) Public Promotion- The Secretary of State, in consultation with the Secretary, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the provisions of this Act, to facilitate the acquisition of appropriate documentation to travel to Canada, Mexico, the countries located in the Caribbean, and Bermuda, and to educate United States citizens who are unaware of the requirements for such travel. Such outreach plan should include--CommentsClose CommentsPermalink





(1) written notifications posted at or near public facilities, including border crossings, schools, libraries, Amtrak stations, and United States Post Offices located within 50 miles of the international border between the United States and Canada or the international border between the United States and Mexico and other ports of entry;CommentsClose CommentsPermalink





(2) provisions to seek consent to post such notifications on commercial property, such as offices of State departments of motor vehicles, gas stations, supermarkets, convenience stores, hotels, and travel agencies;CommentsClose CommentsPermalink





(3) the collection and analysis of data to measure the success of the public promotion plan; andCommentsClose CommentsPermalink





(4) additional measures as appropriate.CommentsClose CommentsPermalink





(i) Certification- Notwithstanding any other provision of law, the Secretary may not implement the plan described in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009, or the date that is 3 months after the Secretary of State and the Secretary certify to Congress that--CommentsClose CommentsPermalink





(1)(A) if the Secretary and the Secretary of State develop and issue Passport Cards under this section--CommentsClose CommentsPermalink





(i) such cards have been distributed to at least 90 percent of the eligible United States citizens who applied for such cards during the 6-month period beginning not earlier than the date the Secretary of State began accepting applications for such cards and ending not earlier than 10 days prior to the date of certification;CommentsClose CommentsPermalink





(ii) Passport Cards are provided to applicants, on average, within 4 weeks of application or within the same period of time required to adjudicate a passport; andCommentsClose CommentsPermalink





(iii) a successful pilot has demonstrated the effectiveness of the Passport Card; orCommentsClose CommentsPermalink





(B) if the Secretary and the Secretary of State do not develop and issue Passport Cards under this section and develop a program to issue an alternative document that satisfies the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border Crossing Card programs, such alternative document is widely available and well publicized;CommentsClose CommentsPermalink





(2) United States border crossings have been equipped with sufficient document readers and other technologies to ensure that implementation will not substantially slow the flow of traffic and persons across international borders;CommentsClose CommentsPermalink





(3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept Passport Cards and all alternative identity documents at all United States border crossings; andCommentsClose CommentsPermalink





(4) the outreach plan described in subsection (g) has been implemented and the Secretary determines such plan has been successful in providing information to United States citizens.CommentsClose CommentsPermalink





(j) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of State and the Secretary such sums as may be necessary to carry out this section, and the amendment made by this section.CommentsClose CommentsPermalink