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HR 4321 IHCommentsClose CommentsPermalink

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

December 15, 2009CommentsClose CommentsPermalink

Mr. ORTIZ (for himself, Mr. CONYERS, Mr. SERRANO, Mr. RANGEL, Mr. PASTOR of Arizona, Mr. STARK, Mr. GUTIERREZ, Mr. WAXMAN, Mr. BECERRA, Mr. FRANK of Massachusetts, Ms. ROYBAL-ALLARD, Mr. BERMAN, Ms. VELAZQUEZ, Mrs. CHRISTENSEN, Mr. HINOJOSA, Mr. TOWNS, Mr. REYES, Mr. LEWIS of Georgia, Mr. BACA, Mr. PALLONE, Mr. GONZALEZ, Mr. ANDREWS, Mrs. NAPOLITANO, Mr. MCDERMOTT, Mr. GRIJALVA, Mr. ENGEL, Mr. CUELLAR, Mr. FALEOMAVAEGA, Mr. SALAZAR, Mr. NEAL of Massachusetts, Mr. SIRES, Mr. ABERCROMBIE, Mr. LUJAN, Ms. NORTON, Mr. PIERLUISI, Mr. MORAN of Virginia, Mr. SABLAN, Mr. NADLER of New York, Mr. OLVER, Ms. WATERS, Ms. CORRINE BROWN of Florida, Mr. FARR, Mr. FILNER, Mr. GENE GREEN of Texas, Mr. HASTINGS of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MALONEY, Mr. RUSH, Mr. SCOTT of Virginia, Ms. WOOLSEY, Mr. BLUMENAUER, Mr. FATTAH, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mrs. CAPPS, Mr. DAVIS of Illinois, Ms. DEGETTE, Ms. KILPATRICK of Michigan, Mr. KUCINICH, Ms. LEE of California, Mr. MCGOVERN, Mr. MEEKS of New York, Ms. SCHAKOWSKY, Ms. BERKLEY, Mr. CAPUANO, Mr. CROWLEY, Mr. WEINER, Mr. CLAY, Mr. HONDA, Mr. ISRAEL, Ms. WATSON, Ms. BORDALLO, Mr. MEEK of Florida, Mr. CLEAVER, Mr. AL GREEN of Texas, Ms. MATSUI, Ms. MOORE of Wisconsin, Mr. CARSON of Indiana, Ms. CLARKE, Ms. EDWARDS of Maryland, Mr. ELLISON, Ms. FUDGE, Ms. HIRONO, Mr. JOHNSON of Georgia, Mr. PERLMUTTER, Ms. RICHARDSON, Mr. WELCH, Ms. CHU, Mr. HEINRICH, Ms. PINGREE of Maine, Mr. POLIS of Colorado, and Mr. QUIGLEY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Armed Services, Foreign Affairs, Natural Resources, Ways and Means, Education and Labor, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009’, the ‘Comprehensive Immigration Reform ASAP Act of 2009’, or as the ‘CIR ASAP Act of 2009’.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. Findings.CommentsClose CommentsPermalink





Sec. 3. Reference to the Immigration and Nationality Act.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink





Sec. 5. Severability.CommentsClose CommentsPermalink

TITLE I--BORDER SECURITY AND ENFORCEMENT

Sec. 101. Sense of Congress.CommentsClose CommentsPermalink

Subtitle A--Border Security

Sec. 111. National Strategy for Border Security.CommentsClose CommentsPermalink





Sec. 112. Increase in number of Customs and Border Protection Officers.CommentsClose CommentsPermalink





Sec. 113. Improving ports of entry for border security and other purposes.CommentsClose CommentsPermalink





Sec. 114. Inventory of personnel.CommentsClose CommentsPermalink





Sec. 115. Standards of professional conduct.CommentsClose CommentsPermalink





Sec. 116. Inventory of assets.CommentsClose CommentsPermalink





Sec. 117. Customs border patrol and border protection assets.CommentsClose CommentsPermalink





Sec. 118. Technological assets.CommentsClose CommentsPermalink





Sec. 119. Secure communication.CommentsClose CommentsPermalink





Sec. 120. Surveillance plan.CommentsClose CommentsPermalink





Sec. 121. Surveillance technologies programs.CommentsClose CommentsPermalink





Sec. 122. Border security searches of electronic devices.CommentsClose CommentsPermalink





Sec. 123. Border relief grant program.CommentsClose CommentsPermalink





Sec. 124. Northern and Southern border drug prosecution initiative.CommentsClose CommentsPermalink





Sec. 125. Operation Streamline prosecution initiative.CommentsClose CommentsPermalink





Sec. 126. Project Gunrunner.CommentsClose CommentsPermalink





Sec. 127. Operation Armas Cruzadas.CommentsClose CommentsPermalink





Sec. 128. Combating human smuggling.CommentsClose CommentsPermalink





Sec. 129. Report on deaths and strategy study.CommentsClose CommentsPermalink





Sec. 130. United States-Mexico Border Enforcement Commission.CommentsClose CommentsPermalink





Sec. 131. Prohibition on military involvement in nonemergency border enforcement.CommentsClose CommentsPermalink





Sec. 132. Definitions.CommentsClose CommentsPermalink





Sec. 133. Border protection strategy.CommentsClose CommentsPermalink





Sec. 134. Actions to further secure operational control of the international land borders of the United States.CommentsClose CommentsPermalink





Sec. 135. Borderlands monitoring and mitigation.CommentsClose CommentsPermalink





Sec. 136. Border Communities Liaison Office.CommentsClose CommentsPermalink





Sec. 137. Office of Civil Rights and Civil Liberties and Office of Inspector General.CommentsClose CommentsPermalink





Sec. 138. Improving ports of entry for border security and other purposes.CommentsClose CommentsPermalink





Sec. 139. Ports of entry.CommentsClose CommentsPermalink





Sec. 140. Ports of entry infrastructure and operations assessment study.CommentsClose CommentsPermalink





Sec. 141. National Land Border Ports of Entry Security Plan.CommentsClose CommentsPermalink





Sec. 142. Ports of entry technology demonstration program.CommentsClose CommentsPermalink





Sec. 143. Reports on improving the exchange of information on North American security.CommentsClose CommentsPermalink





Sec. 144. Southern Border Security Task Force.CommentsClose CommentsPermalink





Sec. 145. Cooperation with the Government of Mexico.CommentsClose CommentsPermalink





Sec. 146. Enhanced international cooperation.CommentsClose CommentsPermalink





Sec. 147. Expansion of commerce security programs.CommentsClose CommentsPermalink





Sec. 148. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Detention

Sec. 151. Definitions.CommentsClose CommentsPermalink





Sec. 152. Detention conditions.CommentsClose CommentsPermalink





Sec. 153. Specific detention requirements for short-term detention facilities.CommentsClose CommentsPermalink





Sec. 154. Rulemaking and enforcement.CommentsClose CommentsPermalink





Sec. 155. Immigration Detention Commission.CommentsClose CommentsPermalink





Sec. 156. Death in custody reporting requirement.CommentsClose CommentsPermalink





Sec. 157. Protection of community-based organizations, faith-based organizations and other institutions.CommentsClose CommentsPermalink





Sec. 158. Apprehension procedures for immigration-related enforcement activities.CommentsClose CommentsPermalink





Sec. 159. Protections against unlawful detentions of United States citizens.CommentsClose CommentsPermalink





Sec. 160. Basic protections for vulnerable populations.CommentsClose CommentsPermalink





Sec. 161. Report on protections for vulnerable populations impacted by immigration enforcement activities.CommentsClose CommentsPermalink





Sec. 162. Family Detention and Unity Protections.CommentsClose CommentsPermalink





Sec. 163. Apprehension procedures for families and parents.CommentsClose CommentsPermalink





Sec. 164. Child welfare services for children separated from parents detained or removed from the United States for immigration violations.CommentsClose CommentsPermalink





Sec. 165. Vulnerable population and child welfare training for immigration enforcement officers.CommentsClose CommentsPermalink





Sec. 166. Access for parents, legal guardians, and, primary caregiver relatives.CommentsClose CommentsPermalink





Sec. 167. Enhanced protections for vulnerable unaccompanied alien children and female detainees.CommentsClose CommentsPermalink





Sec. 168. Preventing unnecessary detention of refugees.CommentsClose CommentsPermalink





Sec. 169. Reports on protections from unlawful detention.CommentsClose CommentsPermalink





Sec. 170. Rulemaking.CommentsClose CommentsPermalink

Subtitle C--Enforcement

Sec. 181. Labor enforcement.CommentsClose CommentsPermalink





Sec. 182. Mandatory address reporting requirements.CommentsClose CommentsPermalink





Sec. 183. Preemption of State and local law.CommentsClose CommentsPermalink





Sec. 184. Delegation of immigration authority.CommentsClose CommentsPermalink





Sec. 185. Immigration and Customs Enforcement Ombudsman.CommentsClose CommentsPermalink





Sec. 186. Eliminating arbitrary bar to asylum.CommentsClose CommentsPermalink





Sec. 187. Restoration of judicial review.CommentsClose CommentsPermalink

TITLE II--EMPLOYMENT VERIFICATION

Sec. 201. Employment verification.CommentsClose CommentsPermalink





Sec. 202. Parity with Civil Rights Act of 1964.CommentsClose CommentsPermalink





Sec. 203. Amendments to the Social Security Act.CommentsClose CommentsPermalink

TITLE III--VISA REFORMS

Sec. 301. Elimination of existing backlogs.CommentsClose CommentsPermalink





Sec. 302. Reclassification of spouses and minor children of legal permanent residents as immediate relatives.CommentsClose CommentsPermalink





Sec. 303. Country limits.CommentsClose CommentsPermalink





Sec. 304. Promoting family unity.CommentsClose CommentsPermalink





Sec. 305. Surviving relatives.CommentsClose CommentsPermalink





Sec. 306. Extension of waiver authority.CommentsClose CommentsPermalink





Sec. 307. Discretionary waiver for long-term lawful permanent residents.CommentsClose CommentsPermalink





Sec. 308. Continuous presence.CommentsClose CommentsPermalink





Sec. 309. Bar on the removal of certain refugees, parolees or asylees.CommentsClose CommentsPermalink





Sec. 310. Exemption from immigrant visa limit for certain veterans who are natives of Philippines.CommentsClose CommentsPermalink





Sec. 311. Fiancee or fiance child status protection.CommentsClose CommentsPermalink





Sec. 312. Equal treatment for all stepchildren.CommentsClose CommentsPermalink





Sec. 313. Sons and daughters of Filipino World War II veterans.CommentsClose CommentsPermalink





Sec. 314. Determinations under the Haitian Refugee Immigration Fairness Act of 1998.CommentsClose CommentsPermalink





Sec. 315. Discretionary authority.CommentsClose CommentsPermalink





Sec. 316. Affidavit of support.CommentsClose CommentsPermalink





Sec. 317. Visa to prevent unauthorized migration.CommentsClose CommentsPermalink





Sec. 318. Adjustment of status.CommentsClose CommentsPermalink





Sec. 319. Rulemaking.CommentsClose CommentsPermalink





Sec. 320. United States-educated immigrants.CommentsClose CommentsPermalink





Sec. 321. Retaining workers subject to green card backlog.CommentsClose CommentsPermalink





Sec. 322. Return of talent program.CommentsClose CommentsPermalink

TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Conditional Nonimmigrants

Sec. 401. Conditional nonimmigrants.CommentsClose CommentsPermalink





Sec. 402. Adjustment of status for conditional nonimmigrants.CommentsClose CommentsPermalink





Sec. 403. Administrative and judicial review.CommentsClose CommentsPermalink





Sec. 404. Mandatory disclosure of information.CommentsClose CommentsPermalink





Sec. 405. Penalties for false statements in applications.CommentsClose CommentsPermalink





Sec. 406. Aliens not subject to direct numerical limitations.CommentsClose CommentsPermalink





Sec. 407. Employer protections.CommentsClose CommentsPermalink





Sec. 408. Limitations on eligibility.CommentsClose CommentsPermalink





Sec. 409. Rulemaking.CommentsClose CommentsPermalink





Sec. 410. Correction of Social Security records.CommentsClose CommentsPermalink





Sec. 411. Restoration of State option to determine residency for purposes of higher education benefits.CommentsClose CommentsPermalink





Sec. 412. Authorization of appropriations.CommentsClose CommentsPermalink

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

Chapter 1--Title and Definitions

Sec. 421. Short title.CommentsClose CommentsPermalink





Sec. 422. Definitions.CommentsClose CommentsPermalink

Chapter 2--Pilot Program for Earned Status Adjustment of Agricultural Workers

subchapter a--blue card status

Sec. 431. Requirements for blue card status.CommentsClose CommentsPermalink





Sec. 432. Treatment of aliens granted blue card status.CommentsClose CommentsPermalink





Sec. 433. Adjustment to permanent residence.CommentsClose CommentsPermalink





Sec. 434. Applications.CommentsClose CommentsPermalink





Sec. 435. Waiver of numerical limitations and certain grounds for inadmissibility.CommentsClose CommentsPermalink





Sec. 436. Administrative and judicial review.CommentsClose CommentsPermalink





Sec. 437. Use of information.CommentsClose CommentsPermalink





Sec. 438. Regulations, effective date, authorization of appropriations.CommentsClose CommentsPermalink

subchapter b--correction of social security records

Sec. 441. Correction of Social Security records.CommentsClose CommentsPermalink

Chapter 3--Reform of H-2A Worker Program

Sec. 451. Amendments to the Immigration and Nationality Act.CommentsClose CommentsPermalink

Chapter 4--Miscellaneous Provisions

Sec. 461. Determination and use of user fees.CommentsClose CommentsPermalink





Sec. 462. Regulations.CommentsClose CommentsPermalink





Sec. 463. Reports to Congress.CommentsClose CommentsPermalink





Sec. 464. Effective date.CommentsClose CommentsPermalink

TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE

Subtitle A--Immigration and Labor

Chapter 1--Immigration and Labor Markets

Sec. 501. Commission on Immigration and Labor Markets.CommentsClose CommentsPermalink





Sec. 502. Security and prosperity account.CommentsClose CommentsPermalink





Sec. 503. American recruit and match system.CommentsClose CommentsPermalink

Chapter 2--Protection of Workers Recruited Abroad

Sec. 511. Protections for workers recruited abroad.CommentsClose CommentsPermalink





Sec. 512. Enforcement provisions.CommentsClose CommentsPermalink





Sec. 513. Procedures in addition to other rights of employees.CommentsClose CommentsPermalink





Sec. 514. Authority to prescribe regulations.CommentsClose CommentsPermalink





Sec. 515. Definitions.CommentsClose CommentsPermalink

Chapter 3--Technical Correction

Sec. 521. Technical correction.CommentsClose CommentsPermalink

Subtitle B--Reforms of Certain Classes of Employment-based Visas

Chapter 1--H-1B Visa Fraud and Abuse Protections

subchapter a--h-1b employer application requirements

Sec. 531. Modification of application requirements.CommentsClose CommentsPermalink





Sec. 532. New application requirements.CommentsClose CommentsPermalink





Sec. 533. Application review requirements.CommentsClose CommentsPermalink

subchapter b--investigation and disposition of complaints against h-1b

Sec. 541. General modification of procedures for investigation and disposition.CommentsClose CommentsPermalink





Sec. 542. Investigation, working conditions, and penalties.CommentsClose CommentsPermalink





Sec. 543. Waiver requirements.CommentsClose CommentsPermalink





Sec. 544. Initiation of investigations.CommentsClose CommentsPermalink





Sec. 545. Information sharing.CommentsClose CommentsPermalink





Sec. 546. Conforming amendment.CommentsClose CommentsPermalink

subchapter c--other h-1b provisions

Sec. 551. Posting available H-1B positions through the Department of Labor.CommentsClose CommentsPermalink





Sec. 552. H-1B government authority and requirements.CommentsClose CommentsPermalink





Sec. 553. Additional Department of Labor employees.CommentsClose CommentsPermalink

Chapter 2--L-1 Nonimmigrants

Sec. 561. Prohibition on outplacement of L-1 nonimmigrants.CommentsClose CommentsPermalink





Sec. 562. L-1 employer petition requirements for employment at new offices.CommentsClose CommentsPermalink





Sec. 563. Cooperation with Secretary of State.CommentsClose CommentsPermalink





Sec. 564. Investigation and disposition of complaints against L-1 employers.CommentsClose CommentsPermalink





Sec. 565. Wage rate and working conditions for L-1 nonimmigrant.CommentsClose CommentsPermalink





Sec. 566. Penalties.CommentsClose CommentsPermalink





Sec. 567. Prohibition on retaliation against L-1 nonimmigrants.CommentsClose CommentsPermalink





Sec. 568. Technical amendments.CommentsClose CommentsPermalink





Sec. 569. Reports on L-1 nonimmigrants.CommentsClose CommentsPermalink





Sec. 570. Application.CommentsClose CommentsPermalink





Sec. 571. Report on L-1 blanket petition process.CommentsClose CommentsPermalink





Sec. 572. Requirements for information for H-1B and L-1 nonimmigrants.CommentsClose CommentsPermalink

Chapter 3--Protection of H-2B Nonimmigrants

Sec. 581. Enforcement of federal labor laws relating to H-2B nonagricultural guest workers.CommentsClose CommentsPermalink





Sec. 582. Recruitment of United States workers.CommentsClose CommentsPermalink





Sec. 583. Prevailing wages for United States workers and H-2B workers.CommentsClose CommentsPermalink





Sec. 584. Certification requirement.CommentsClose CommentsPermalink





Sec. 585. Protections for workers.CommentsClose CommentsPermalink





Sec. 586. Petitions by employers that have signed labor agreements with unions that operate hiring halls.CommentsClose CommentsPermalink





Sec. 587. H-2B nonimmigrant labor certification application fees.CommentsClose CommentsPermalink

Chapter 4--Adjustments to the EB-5 Visa Program

Sec. 591. Permanent reauthorization of EB-5 regional center program; application fee.CommentsClose CommentsPermalink





Sec. 592. Premium processing fee for EB-5 immigrant investors.CommentsClose CommentsPermalink





Sec. 593. Concurrent filing of EB-5 petitions and applications for adjustment of status.CommentsClose CommentsPermalink





Sec. 594. Improved set-aside for targeted employment areas.CommentsClose CommentsPermalink





Sec. 595. Set-aside of visas for regional center program.CommentsClose CommentsPermalink





Sec. 596. Extension.CommentsClose CommentsPermalink





Sec. 597. Study.CommentsClose CommentsPermalink





Sec. 598. Full-time equivalents.CommentsClose CommentsPermalink





Sec. 599. Eligibility for adjustment of status.CommentsClose CommentsPermalink





Sec. 599A. Expansion of EB-5 eligibility to include qualified immigrants who complete investment agreements.CommentsClose CommentsPermalink

Chapter 5--Effective Date

Sec. 599B. Application.CommentsClose CommentsPermalink

TITLE VI--INTEGRATION OF NEW AMERICANS

Subtitle A--Citizenship Promotion

Sec. 601. Immigration service fees.CommentsClose CommentsPermalink





Sec. 602. Administration of tests for naturalization; fulfillment by elderly persons of requirement for naturalization relating to knowledge of english language.CommentsClose CommentsPermalink





Sec. 603. Voluntary electronic filing of applications.CommentsClose CommentsPermalink





Sec. 604. Timely background checks.CommentsClose CommentsPermalink





Sec. 605. National citizenship promotion program.CommentsClose CommentsPermalink





Sec. 606. Effective date.CommentsClose CommentsPermalink

Subtitle B--Miscellaneous

Sec. 611. Grants to support public education and community training.CommentsClose CommentsPermalink





Sec. 612. Grant program to assist applicants for naturalization.CommentsClose CommentsPermalink





Sec. 613. Naturalization for certain U.S. high school graduates.CommentsClose CommentsPermalink





Sec. 614. Family integration.CommentsClose CommentsPermalink





Sec. 615. Consideration for domestic resettlement of refugees.CommentsClose CommentsPermalink





Sec. 616. Credits for teachers of English language learners.CommentsClose CommentsPermalink





Sec. 617. Credits for employer-provided adult english literacy and basic education programs.CommentsClose CommentsPermalink





Sec. 618. Grants to States to form New American Councils.CommentsClose CommentsPermalink





Sec. 619. Independence Day Ceremonies for oaths of allegiance.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) Federal immigration laws must uphold America’s long history of being a Nation of immigrants from every continent in the world, and reaffirm our Nation’s commitment to strong and united families, civil rights, economic opportunity and diversity.CommentsClose CommentsPermalink





(2) The Government of the United States should reduce the deficit by ensuring that all individuals and employers pay their fair share of taxes and contribute equally to the prosperity of our great Nation.CommentsClose CommentsPermalink





(3) The Government of the United States has an obligation to ensure the labor rights of all workers in our country, and end the driving down of wages and workplace standards that exists today due to our broken immigration system. Unscrupulous employers should not be able to profit off of the backs of a workforce with no voice in the workplace or civic society.CommentsClose CommentsPermalink





(4) The Government of the United States also has an obligation to ensure the growth and vitality of honest American businesses that are playing by the rules and fueling our economic recovery.CommentsClose CommentsPermalink





(5) The labor and immigration policies of the United States Government should be modernized to reflect the current needs of American workers and the American economy.CommentsClose CommentsPermalink





(6) The Government of the United States cannot effectively carry out its national security policies unless it requires undocumented immigrants to come forward and participate fully in our communities and legally in the economy of the United States, so that enforcement efforts are concentrated on the truly bad actors.CommentsClose CommentsPermalink





(7) Elimination of America’s immigrant workforce is not an effective or honest solution to Americas economic crisis. We need a solution that levels the playing field and promotes equal rights for all.CommentsClose CommentsPermalink





(8) Dividing American families in not a moral or just solution to the broken immigration system. We need policies that treat all families equally and keep them together, to support each other and build strong communities.CommentsClose CommentsPermalink





(9) Flawed immigration laws and persistent unequal administration of justice at the local level, based on race or national origin, has undermined effective community policing by discouraging the reporting of crime and cooperation with prosecutors in immigrant communities, due to well-founded fears of immigration enforcement action against them. This puts entire communities at risk and undermines public safety for all.CommentsClose CommentsPermalink





(10) The Government of the United States should ensure that racial profiling and unequal administration of the law based on race or national origin is not permitted by any agency of Federal, State or local government bodies.CommentsClose CommentsPermalink





(11) Our Government should ensure that our Nation’s borders are secure by investing in effective strategies, eliminating the millions of dollars currently being allocated to ineffective ones, and by requiring consultation with state and local communities on both the northern and southern borders before implementing new border enforcement strategies.CommentsClose CommentsPermalink





(12) Foreign governments, particularly those that share an international border with the United States, must play a critical role in securing international borders and deterring illegal entry of foreign nationals into the United States.CommentsClose CommentsPermalink





(13) The Government of the United States has an obligation to reaffirm its commitment to effective immigrant integration by supporting the teaching and promoting the learning of English.CommentsClose CommentsPermalink





(14) Comprehensive immigration reform and strong enforcement of immigration laws will encourage legal immigration, deter illegal immigration, and promote the economic and national security interests of the United States.CommentsClose CommentsPermalink

SEC. 3. 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. 4. 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. 5. 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 SECURITY AND ENFORCEMENTCommentsClose CommentsPermalink

SEC. 101. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Secretary of Homeland Security should establish a national strategic plan for short-term and long-term border security with improved accountability and transparency in agency functions;CommentsClose CommentsPermalink





(2) the Secretary’s border security priorities must support and strengthen the significant advances in operational control of the border;CommentsClose CommentsPermalink





(3) the Secretary must secure our Nation’s ports of entry and facilitate the flow of commerce and travel;CommentsClose CommentsPermalink





(4) the ports of entry to the United States require additional assets, personnel, infrastructure and improvements in technology;CommentsClose CommentsPermalink





(5) although states along the Southern and Northern borders play a unique role in supporting the Federal Government, border security and enforcement of the immigration laws are the responsibility of the Federal Government;CommentsClose CommentsPermalink





(6) combating human smuggling, arms trafficking and drug trafficking are essential to border security;CommentsClose CommentsPermalink





(7) protecting the economic and civic vitality of the border region is central to border security; andCommentsClose CommentsPermalink





(8) effective border security depends on sustained international cooperation.CommentsClose CommentsPermalink

Subtitle A--Border SecurityCommentsClose CommentsPermalink

SEC. 111. 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 maintain 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) 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





(2) 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, 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





(3) 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 to include--CommentsClose CommentsPermalink





(A) a comprehensive assessment of risks in terms of cost, probability, and threats to society and risk prevention and response measures currently taken and potentially taken relative to that assessment of risks;CommentsClose CommentsPermalink





(B) prevention efforts and response measures to address such risks, whether already underway or planned;CommentsClose CommentsPermalink





(C) recommendations on realignment of programs, locations, and resources to best address the comprehensive assessment of risks.CommentsClose CommentsPermalink





(4) 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





(5) 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





(6) An assessment of existing programs, activities and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, family unity, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations.CommentsClose CommentsPermalink





(7) 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





(8) A description of ways to ensure that the free flow of legitimate 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





(9) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.CommentsClose CommentsPermalink





(10) 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 management.CommentsClose CommentsPermalink





(d) Coordination- The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.CommentsClose CommentsPermalink





(e) Submission to Congress-CommentsClose CommentsPermalink





(1) STRATEGY- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security.CommentsClose CommentsPermalink





(2) UPDATES- The Secretary shall submit to Congress any change of such Strategy that the Secretary determines is necessary, not later than 30 days after such determination.CommentsClose CommentsPermalink





(f) Immediate Action- Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to maintain and enhance operational control of the international land and maritime borders of the United States.CommentsClose CommentsPermalink

SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS.

(a) Customs and Border Protection Officers- During the 5-year period between fiscal years 2010 and 2014, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 5,000 the total number of full-time, active-duty Customs and Border Protection Officers within United States Customs and Border Protection for posting at United States ports of entry above the number of such officers for which funds were made available during fiscal year 2009.CommentsClose CommentsPermalink





(b) Agriculture Specialists- During the 5-year period between fiscal years 2010 and 2014, the Secretary of Homeland Security shall, subject to the availability of appropriations for such border security purposes, increase by not fewer than a total of 1,200 the number of full-time Customs and Border Protection agriculture specialists for United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2009.CommentsClose CommentsPermalink





(c) Border Security Support Personnel- During the 5-year period between fiscal years 2010 and 2014, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than a total of 350 the number of full-time border security support personnel for United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2009.CommentsClose CommentsPermalink

SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER PURPOSES.

(a) In General- There are authorized to be appropriated to the Administrator of the General Services Administration $1,000,000,000 for each of fiscal years 2010 through 2014 to make improvements to existing ports of entry in the United States to improve border security and for other purposes.CommentsClose CommentsPermalink





(b) Priority- In making improvements described in subsection (a), the Administrator of the General Services Administration, in coordination with the Commissioner of Customs and Border Protection, shall give priority to the ports of entry that the Administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section 603 of title VI, division E, of the Consolidated Appropriations Act of 2008 (Public Law 101-161).CommentsClose CommentsPermalink

SEC. 114. INVENTORY OF PERSONNEL.

(a) Inventory- The Secretary shall identify and inventory the current personnel or other human resources dedicated to border security and enforcement prior to any increase in personnel or other human resources.CommentsClose CommentsPermalink





(b) Report- The Secretary shall submit the inventory required in subsection (a) to the following congressional committees, 90 days after the enactment of this Act--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(3) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT.

(a) Establishment of Standards- Not more than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish clear standards of professional conduct for interaction with the public, for all Customs and Border Protection agents, U.S. Border Patrol agents, Immigration and Customs Enforcement agents, and Agricultural Inspectors stationed within 100 miles of all land and marine borders and at ports of entry.CommentsClose CommentsPermalink





(b) Purpose- These standards of professional conduct will provide agents with a better understanding of the prohibitions and limitations pertaining to their conduct and activities while representing the Department of Homeland Security. These standards are intended to--CommentsClose CommentsPermalink





(1) alert agents to some of the more sensitive and often problematic matters involved in agent conduct;CommentsClose CommentsPermalink





(2) specify, where possible, actions and inactions that are contrary to and that conflict with the duties and responsibilities of Department of Homeland security agents; andCommentsClose CommentsPermalink





(3) guide agents in conducting themselves in a manner that reflects standards of deportment and professionalism.CommentsClose CommentsPermalink





(c) Standards- Department of Homeland Security agents stationed within 100 miles of all land and marine borders and at ports of entry--CommentsClose CommentsPermalink





(1) shall not violate any law or any agency policy, rule, or procedure;CommentsClose CommentsPermalink





(2) shall obey all lawful orders;CommentsClose CommentsPermalink





(3) shall not engage in any conduct or activities on- or off-duty that reflect discredit on the agents, tend to bring the agency into disrepute, or impair its efficient and effective operation;CommentsClose CommentsPermalink





(4) shall conduct themselves toward the public in a civil and professional manner that connotes a service orientation and that will foster public respect and cooperation;CommentsClose CommentsPermalink





(5) shall treat violators, or perceived violators, with respect and courtesy, guard against employing an officious or overbearing attitude or language that may belittle, ridicule, or intimidate the individual, or act in a manner that unnecessarily delays the performance of their duty;CommentsClose CommentsPermalink





(6) while recognizing the need to demonstrate authority and control over suspects and detainees, agents shall adhere to this agency’s use-of-force policy and shall observe the civil rights and protect the well-being of those in their charge; andCommentsClose CommentsPermalink





(7) shall not use their agency powers to resolve personal grievances (e.g., those involving the officer, family members, relatives, or friends) with individuals. In cases where there is personal involvement with a member of the public that would reasonably require law enforcement intervention, agents shall summon other on-duty personnel and a supervisor.CommentsClose CommentsPermalink





(d) Oversight and Evaluation- The Department of Homeland Security shall develop and implement a plan that applies the aforementioned standards in officer evaluation and supervisor evaluation. This plan shall include the following provisions to ensure responsibility and protect civil rights:CommentsClose CommentsPermalink





(1) Adherence to the standards of professional conduct shall be a central criterion in the change from probationary to journeyman status, as well as periodic evaluations and promotions of officers.CommentsClose CommentsPermalink





(2) Managers and senior officers will be held responsible for--CommentsClose CommentsPermalink





(A) performance according to these standards;CommentsClose CommentsPermalink





(B) assessments of subordinates according to these standards; andCommentsClose CommentsPermalink





(C) performance of their subordinates on these standards, with meaningful penalties to supervisors for failures of subordinates to adhere to such standards.CommentsClose CommentsPermalink





(3) The Department shall establish strong penalties for failures to follow the standards of professional conduct that were unaddressed until exposed by complaint processes or Inspector General investigations. However, organizational peers and superiors who uncover and act on failures or abuses shall be exempt from such penalties.CommentsClose CommentsPermalink





(4) Agents should not be indemnified when it is determined that a violation of civil rights standards occurred.CommentsClose CommentsPermalink





(e) Exception- The standards of conduct set forth in this section are not intended to serve as an exhaustive treatment of requirements, limitations, or prohibitions on agent conduct and activities established by the Secretary of Homeland Security.CommentsClose CommentsPermalink





(f) Notice- The standards of conduct established under this section shall be posted at all ports of entry in locations easily viewed by members of the public.CommentsClose CommentsPermalink





(g) Complaints- Not more than 180 days after enactment, the Secretary shall, in consultation with the Office of Civil Rights and Civil Liberties, establish a uniform and standardized process for the public regarding complaints against all Customs and Border Protection agents, U.S. Border Patrol agents, and Agricultural Inspectors for violations of standards of professional conduct. The complaint process shall--CommentsClose CommentsPermalink





(1) quickly review, effectively investigate, meaningfully resolve complaints and identify patterns of abuse or malfeasance and be accessible, transparent, consistent, effective, and fair;CommentsClose CommentsPermalink





(2) apply uniformly to all Border Patrol Sectors and Ports of Entry;CommentsClose CommentsPermalink





(3) specify to whom, how, and where complaints are to be filed;CommentsClose CommentsPermalink





(4) be visible to the public at all ports of entry and interior checkpoints, and be accessible in multiple languages;CommentsClose CommentsPermalink





(5) receive staff and funding commensurate with the quantity of complaints submitted and with the funding disbursed to Department enforcement initiatives;CommentsClose CommentsPermalink





(6) establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution; andCommentsClose CommentsPermalink





(7) provide publicly accessible records, with copies of complaints and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities.CommentsClose CommentsPermalink





(h) Complainants- The following shall apply to all complainants:CommentsClose CommentsPermalink





(1) Any interested party may file a complaint through the complaint procedure, including a legal representative.CommentsClose CommentsPermalink





(2) Complainants shall be protected from retaliatory action by law enforcement.CommentsClose CommentsPermalink





(3) No officer of the US may use the information from a complaint to initiate removal proceedings or removals against any person filing a complaint or identified in the complaint, nor remove any individual involved in a complaint while the complaint is pending.CommentsClose CommentsPermalink





(4) There shall be no publication of information to related to an individual involved in a complaint which would result in identification of the individual.CommentsClose CommentsPermalink





(5) Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions.CommentsClose CommentsPermalink





(i) Reporting- The Secretary shall report annually to the following Congressional Committees on the number and type of complaints received in each sector, demographic of complainants, results of investigations including violations of standards and any disciplinary actions taken, and identifying any complaint patterns that could be prevented or reduced by policy or practice changes--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(3) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 116. INVENTORY OF ASSETS.

(a) Inventory- The Secretary shall identify and inventory the current assets, equipment, supplies, or other physical resources dedicated to border security and enforcement prior to any increase in assets, equipment, supplies or other physical resources.CommentsClose CommentsPermalink





(b) Report- The Secretary shall submit the inventory required in subsection (a) to the following congressional committees, 90 days from the enactment of this Act--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(3) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 117. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.

(a) Personal Equipment-CommentsClose CommentsPermalink





(1) BODY ARMOR- The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less often than once every five years.CommentsClose CommentsPermalink





(2) WEAPONS- The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face.CommentsClose CommentsPermalink





(3) UNIFORMS- The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properlyCommentsClose CommentsPermalink





(b) Helicopters and Power Boats-CommentsClose CommentsPermalink





(1) HELICOPTERS- The Secretary shall conduct a review of asset needs, and if determined to be insufficient, shall increase the number of helicopters under the control of the Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed.CommentsClose CommentsPermalink





(2) POWER BOATS- The Secretary shall conduct a review of asset needs and if determined to be insufficient, shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.CommentsClose CommentsPermalink





(3) USE AND TRAINING- The Secretary shall--CommentsClose CommentsPermalink





(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; andCommentsClose CommentsPermalink





(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.CommentsClose CommentsPermalink





(c) Motor Vehicles-CommentsClose CommentsPermalink





(1) QUANTITY- The Secretary shall conduct a review of asset needs and if determined to be insufficient, establish a fleet of motor vehicles appropriate for use by the Border Patrol. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol.CommentsClose CommentsPermalink





(2) FEATURES- All motor vehicles purchased for the Border Patrol shall--CommentsClose CommentsPermalink





(A) be appropriate for the mission of the Border Patrol; andCommentsClose CommentsPermalink





(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink





(d) Electronic Equipment-CommentsClose CommentsPermalink





(1) PORTABLE COMPUTERS- The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol.CommentsClose CommentsPermalink





(2) RADIO EQUIPMENT- The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink





(3) HANDHELD GLOBAL POSITIONING SYSTEM DEVICES- The Secretary shall ensure that each Border Patrol agent who is determined by the Secretary to need a handheld global positioning device to effectively and safely carry out his or her duties is issued a state-of-the-art handheld global positioning system device for navigational purposes.CommentsClose CommentsPermalink





(4) NIGHT VISION EQUIPMENT- The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.CommentsClose CommentsPermalink





(e) Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2011 through 2015 to carry out this section.CommentsClose CommentsPermalink

SEC. 118. TECHNOLOGICAL ASSETS.

(a) Increased Availability of Equipment- The Secretary and the Secretary of Defense shall analyze use of authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, and whether 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 deter criminal activity and terrorist threats.CommentsClose CommentsPermalink





(b) Report- Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that containsCommentsClose CommentsPermalink





(1) an analysis 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) an analysis of projected future use of Department of Defense equipment to assist such surveillance activities, including any increases;CommentsClose CommentsPermalink





(3) an analysis of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the one-year period beginning on the date of the submission of the report;CommentsClose CommentsPermalink





(4) an analysis of costs and cost-effectiveness related to any increase in the availability and use of Department of Defense equipment; andCommentsClose CommentsPermalink





(5) an analysis of projected schedules for implementation.CommentsClose CommentsPermalink





(c) 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





(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2011 through 2015 to carry out this section.CommentsClose CommentsPermalink

SEC. 119. 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. 120. SURVEILLANCE PLAN.

(a) Requirement for Plan- The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States.CommentsClose CommentsPermalink





(b) Content- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.CommentsClose CommentsPermalink





(2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of enactment of this Act.CommentsClose CommentsPermalink





(3) A description of how the Commissioner of the United States Customs and Border Protection is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology.CommentsClose CommentsPermalink





(4) A description of the specific surveillance technology to be deployed.CommentsClose CommentsPermalink





(5) Identification of any obstacles that may impede such deployment.CommentsClose CommentsPermalink





(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.CommentsClose CommentsPermalink





(7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles.CommentsClose CommentsPermalink





(8) A description of the demonstration program to fully integrate and utilize aerial surveillance technologies developed pursuant to section 121(a).CommentsClose CommentsPermalink





(9) A description of the Integrated and Automated Surveillance demonstration program established pursuant to section 121(b).CommentsClose CommentsPermalink





(c) Submission to Congress- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the plan required by this section.CommentsClose CommentsPermalink

SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Demonstration Program-CommentsClose CommentsPermalink





(1) IN GENERAL- In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop a demonstration program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico.CommentsClose CommentsPermalink





(2) ASSESSMENT AND CONSULTATION REQUIREMENTS- In developing the program under this subsection, the Secretary shall--CommentsClose CommentsPermalink





(A) consider current and proposed aerial surveillance technologies;CommentsClose CommentsPermalink





(B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats, cost-effectiveness, reliability, and minimal impact on border residential areas;CommentsClose CommentsPermalink





(C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States;CommentsClose CommentsPermalink





(D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program; andCommentsClose CommentsPermalink





(E) conduct a privacy impact assessment with the Officer for Civil Rights and Civil Liberties with the Department that includes recommendations with respect to ensuring the civil liberties and civil rights of individuals in surrounding communities.CommentsClose CommentsPermalink





(3) ADDITIONAL REQUIREMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The demonstration program developed under this subsection may include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances--CommentsClose CommentsPermalink





(i) the significance of previous experiences with such technologies in border security or critical infrastructure protection;CommentsClose CommentsPermalink





(ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; andCommentsClose CommentsPermalink





(iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.CommentsClose CommentsPermalink





(4) CONTINUED USE OF AERIAL SURVEILLANCE TECHNOLOGIES- The Secretary may continue the operation of aerial surveillance technologies while developing the demonstration program and assessing the effectiveness of the utilization of such technologies.CommentsClose CommentsPermalink





(5) REPORT TO CONGRESS- Not later than 180 days after developing the demonstration program under this subsection, the Secretary shall submit to Congress a report regarding such program. The Secretary shall include in the report a description of such program together with any recommendations that the Secretary finds appropriate for implementing or terminating the program.CommentsClose CommentsPermalink





(b) Integrated and Automated Surveillance Demonstration Program-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR PROGRAM- Subject to the availability of appropriations, the Secretary shall establish a demonstration program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to enhance operational control of the international borders of the United States. Such program shall be known as the Integrated and Automated Surveillance Demonstration Program.CommentsClose CommentsPermalink





(2) PROGRAM COMPONENTS- The Secretary shall ensure, to the maximum extent feasible, that--CommentsClose CommentsPermalink





(A) the technologies utilized in the Integrated and Automated Surveillance Demonstration Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;CommentsClose CommentsPermalink





(B) cameras utilized in the Program do not have to be manually operated;CommentsClose CommentsPermalink





(C) such camera views and positions are not fixed;CommentsClose CommentsPermalink





(D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers;CommentsClose CommentsPermalink





(E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;CommentsClose CommentsPermalink





(F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;CommentsClose CommentsPermalink





(G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;CommentsClose CommentsPermalink





(H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure;CommentsClose CommentsPermalink





(I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; andCommentsClose CommentsPermalink





(J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions.CommentsClose CommentsPermalink





(3) REPORT TO CONGRESS- Not later than one year after the initial implementation of the Integrated and Automated Surveillance Demonstration Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing or terminating the program.CommentsClose CommentsPermalink





(4) EVALUATION OF CONTRACTORS-CommentsClose CommentsPermalink





(A) REQUIREMENT FOR STANDARDS- The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Demonstration Program.CommentsClose CommentsPermalink





(B) REVIEW BY THE INSPECTOR GENERAL-CommentsClose CommentsPermalink





(i) IN GENERAL- The Inspector General of the Department shall review each new contract related to the Program that has a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules.CommentsClose CommentsPermalink





(ii) REPORTS- The Inspector General shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings.CommentsClose CommentsPermalink





(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES.

(a) Rule- Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner of United States Customs and Border Protection, in coordination with the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement and the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall issue a rule with respect to the scope of and procedural and record keeping requirements associated with border security searches of electronic devices.CommentsClose CommentsPermalink





(b) Content- The rule issued pursuant to subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled consistent with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations.CommentsClose CommentsPermalink





(2) A requirement that authorized agents, to the greatest extent practicable, conduct all border security searches of electronic devices at a port of entry in the presence of a supervisor and, where appropriate, in the presence of the individuals whose electronic devices are subject to such searches.CommentsClose CommentsPermalink





(3) A determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained, unless probable cause exists, that prohibits retention exceeding the period necessary to translate, decrypt, or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days.CommentsClose CommentsPermalink





(4) A requirement that if information collected from an electronic device subjected to a border security search is copied, shared, retained, or entered into an electronic database, the individual from whose electronic device such information is collected shall receive written notification of such copying, sharing, retention, or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the Secretary in the rule.CommentsClose CommentsPermalink





(5) A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual.CommentsClose CommentsPermalink





(6) A requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the Department of Homeland Security.CommentsClose CommentsPermalink





(7) A requirement that information on the rights of individuals with respect to border security searches and Department of Homeland Security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches.CommentsClose CommentsPermalink





(8) A privacy impact assessment of the rule, as prepared by the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002, that includes recommendations with respect to the copying, sharing, retention, and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search.CommentsClose CommentsPermalink





(9) A civil liberties impact assessment of the rule, as prepared by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security.CommentsClose CommentsPermalink





(c) Training and Auditing With Respect to Searches-CommentsClose CommentsPermalink





(1) TRAINING- The Secretary shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection (a). The training shall include instruction on constitutional, privacy, civil rights, and civil liberties issues related to such searches.CommentsClose CommentsPermalink





(2) AUDITING- The Secretary, acting through the Inspector General of the Department of Homeland Security, shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection (a).CommentsClose CommentsPermalink





(d) Report- Not later than 180 days after the effective date of the rule issued pursuant to subsection (a), and quarterly thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs of the Senate a report that shall include the following:CommentsClose CommentsPermalink





(1) A description of the activities of authorized agents with respect to border security searches of electronic devices at ports of entry.CommentsClose CommentsPermalink





(2) A description of the manner in which the Department of Homeland Security has complied with this Act.CommentsClose CommentsPermalink





(3) The number, by port of entry, of border security searches of electronic devices at ports of entry conducted during the reporting period.CommentsClose CommentsPermalink





(4) The number, by port of entry, of instances during the reporting period that information from an electronic device subjected to a border security search was retained, copied, shared, or entered in an electronic database, including the number of electronic devices retained as the result of a border security search.CommentsClose CommentsPermalink





(5) The race, ethnicity, national origin, and citizenship of each individual whose electronic device was subjected to a border security at a port of entry search during the reporting period, to determine the existence or absence of racial profiling.CommentsClose CommentsPermalink





(6) The number of instances during the reporting period that information collected from an electronic device subjected to a border security search at a port of entry was referred to a law enforcement or intelligence agency for further action, including whether such information resulted in a prosecution or conviction.CommentsClose CommentsPermalink





(e) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) AUTHORIZED AGENT- The term ‘authorized agent’ means an agent, officer, or official of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or any other office or agency of the Department of Homeland Security who is authorized to conduct a border security search.CommentsClose CommentsPermalink





(2) BORDER SECURITY SEARCH- The term ‘border security search’ means a search by an authorized agent of persons, baggage, or cargo entering, departing, or passing through the United States through any port of entry.CommentsClose CommentsPermalink





(3) ELECTRONIC DEVICE- The term ‘electronic device’ means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, such as a computer, a cellular telephone, or any other device used for electronic communication or for storing electronic, digital or analog data, and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device.CommentsClose CommentsPermalink

SEC. 123. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General is authorized to award grants to--CommentsClose CommentsPermalink





(A) eligible law enforcement agencies, or a coalition of such agencies, including sheriff’s offices, police departments and tribal police departments; andCommentsClose CommentsPermalink





(B) institutions of higher education that provide assistance to law enforcement agencies in counties described in subparagraph (A) or (B) of subsection (d)(1) to provide the resources described in subsection (b)(4).CommentsClose CommentsPermalink





(2) COMPETITIVE BASIS- The Attorney General shall award grants under this section on a competitive basis.CommentsClose CommentsPermalink





(3) PRIORITY- In awarding grants for the uses described in paragraphs (1) through (3) of subsection (b), the Attorney General shall give priority to law enforcement agencies:CommentsClose CommentsPermalink





(A) located in a county that is within 100 miles from the United States border with Mexico or Canada; andCommentsClose CommentsPermalink





(B) in compliance with Federal and State racial profiling laws and guidelines.CommentsClose CommentsPermalink





(4) DURATION- Grants awarded under this section shall not exceed two years. Prior awardees must reapply to be considered for continued funding.CommentsClose CommentsPermalink





(5) PROHIBITION- The Attorney General shall not award a grant to any applicant that is under investigation for violations of federal or state racial profiling laws or guidelines.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded under this section may only be used to provide additional resources for eligible law enforcement agencies to address drug-related criminal activity, and for the training and assistance described in paragraph (4) for organizations described in subsection (a)(3), including resources to--CommentsClose CommentsPermalink





(1) combat criminal activities along the Northern and Southern border by--CommentsClose CommentsPermalink





(A) obtaining, upgrading, or maintain equipment;CommentsClose CommentsPermalink





(B) hiring additional personnel;CommentsClose CommentsPermalink





(C) reimbursing operational expenditures, including overtime and transportation costs; andCommentsClose CommentsPermalink





(D) providing other assistance necessary to address drug-related criminal activity;CommentsClose CommentsPermalink





(2) facilitate information sharing and collaboration by--CommentsClose CommentsPermalink





(A) establishing, maintaining, or enhancing multi-jurisdictional intelligence gathering and sharing activities;CommentsClose CommentsPermalink





(B) facilitating regional crime prevention and reduction efforts; andCommentsClose CommentsPermalink





(C) strengthening partnerships between Federal, tribal, State, and local law enforcement agencies;CommentsClose CommentsPermalink





(3) enhance jails, community corrections, and detention operations by--CommentsClose CommentsPermalink





(A) improving the administration and operations of correction functions related to reducing and preventing criminal narcotics activity;CommentsClose CommentsPermalink





(B) improving access to intelligence and collaboration between law enforcement and correctional system personnel;CommentsClose CommentsPermalink





(C) reducing the recidivism rates of drug offenders; andCommentsClose CommentsPermalink





(D) hiring detention, probation, parole, and other corrections personnel for implementation of the efforts described in this paragraph; andCommentsClose CommentsPermalink





(4) provide training and technical assistance, including training and assistance related to--CommentsClose CommentsPermalink





(A) narcotics-related kidnapping negotiation and rescue tactics;CommentsClose CommentsPermalink





(B) intelligence and information sharing on drug trafficking organizations; andCommentsClose CommentsPermalink





(C) the interdiction of narcotics, weapons, and illegal drug proceeds.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- Each eligible law enforcement agency, or coalition of such agencies, seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.CommentsClose CommentsPermalink





(2) CONTENTS- Each application submitted under paragraph (1) shall--CommentsClose CommentsPermalink





(A) describe the activities for which assistance under this section is sought;CommentsClose CommentsPermalink





(B) disclose whether the applicant has ever been investigated for or convicted of violation of Federal or State racial profiling laws or guidelines; andCommentsClose CommentsPermalink





(C) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements under this section.CommentsClose CommentsPermalink





(d) Monitoring and Oversight-CommentsClose CommentsPermalink





(1) Each grantee shall submit to the Attorney General documentation of the use of grant funds, including an assessment of their utility in protecting border community safety, the prevention of smuggling activities, and the apprehension of persons involved in violence and organized crime.CommentsClose CommentsPermalink





(2) These reports will determine whether the grantee uses funds appropriately and should be considered for a renewal grant.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term ‘eligible law enforcement agency’ means a tribal, State, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, which is located or performs duties in--CommentsClose CommentsPermalink





(A) a county that is not more than 100 miles from a United States border with Mexico;CommentsClose CommentsPermalink





(B) a county that is not more than 100 miles from a United States border with Canada; orCommentsClose CommentsPermalink





(C) a jurisdiction that has been designated by the Director of the Office of Drug Control Policy as a High Intensity Drug Trafficking Area.CommentsClose CommentsPermalink





(2) HIGH INTENSITY DRUG TRAFFICKING AREA- The term ‘High Intensity Drug Trafficking Area’ means any jurisdiction designated as a ‘High Intensity Drug Trafficking Area’ by the National Drug Control Program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706).CommentsClose CommentsPermalink





(f) Assessment and Report- The Attorney General shall submit a bi-annual report assessing the success of the program in combating and reducing drug-trafficking and drug-related criminal activity, cost-effectiveness of the program, and future value and viability of the program to--CommentsClose CommentsPermalink





(1) the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(g) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There are authorized to be appropriated $100,000,000 for each of the fiscal years 2011 through 2015 to carry out the provisions of this section.CommentsClose CommentsPermalink





(2) ALLOCATION OF AUTHORIZED FUNDS- Of the amounts appropriated pursuant to paragraph (1)--CommentsClose CommentsPermalink





(A) not more than 33 percent may be set aside for High Intensity Drug Trafficking Areas; andCommentsClose CommentsPermalink





(B) not more than 30 percent may be used for activities described in paragraphs (3) and (4) of subsection (b).CommentsClose CommentsPermalink





(3) SUPPLEMENT NOT SUPPLANT- Amounts appropriated for grants pursuant to paragraph (1) shall be used to supplement and not to supplant other tribal, State, and local public funds obligated for the purposes provided under this section.CommentsClose CommentsPermalink

SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.

(a) Reimbursement to State and Local Prosecutors for Prosecuting Federally Initiated Drug Cases- The Attorney General shall, subject to the availability of appropriations, reimburse State and county prosecutors located in States along the Northern or Southern border of the United States for prosecuting federally initiated and referred drug cases.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary for each of the fiscal years 2011 through 2015 to carry out subsection (a).CommentsClose CommentsPermalink

SEC. 125. OPERATION STREAMLINE PROSECUTION INITIATIVE.

(a) Suspension of Operation Streamline- The Secretary shall suspend the program pending submission of the report in subsection (b) to the relevant congressional committees in subsection (c) and a revaluation of the program’s future viability.CommentsClose CommentsPermalink





(b) Reporting Requirement- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Attorney General, shall submit a report to the relevant congressional committees set forth in subsection (c) that provides details about--CommentsClose CommentsPermalink





(1) operational goals and oversight mechanisms of ‘Operation Streamline’ and similar programs;CommentsClose CommentsPermalink





(2) costs of seeking Federal court prosecution and jail time for all illegal entrants prior to referral to immigration court removal proceedings, as compared to initial referral of such entrants to immigration courts upon apprehension;CommentsClose CommentsPermalink





(3) costs of detentions, prosecutions, and incarcerations for immigrant offenses under Operation Streamline programs over the three years prior to enactment of this Act;CommentsClose CommentsPermalink





(4) cost estimates for federal resources that would be necessary to implement Operation Streamline effectively in each Border Patrol sector, including sufficient judicial resources, Federal Public Defenders, U.S. Marshals, detention facilities, United States Attorneys, and costs already being incurred in active areas;CommentsClose CommentsPermalink





(5) the impact of Operation Streamline programs on federal prosecutorial initiatives focused on curbing border violence, including enhanced use of investigations and prosecutions for money laundering or other financial offenses to disrupt the illicit firearms trade, human smuggling, and cross-border drug and currency trafficking;CommentsClose CommentsPermalink





(6) the impact of Operation Streamline programs on discretionary prosecutorial decisions;CommentsClose CommentsPermalink





(7) the numbers of Federal prosecutions for drug trafficking, human smuggling, white-collar, civil rights, environmental, and other criminal cases over the three years prior to enactment of this Act in areas utilizing Operation Streamline initiatives;CommentsClose CommentsPermalink





(8) lengths of imprisonment, names, convictions, and locations of prisons used for those arrested under Operation Streamline programs over the three years prior to enactment of this Act;CommentsClose CommentsPermalink





(9) Federal convictions obtained under Operation Streamline including number of non-violent immigration offenses;CommentsClose CommentsPermalink





(10) comparison of rates of Federal prosecutions and convictions in districts along the southern border in relation to other districts nationwide; andCommentsClose CommentsPermalink





(11) interviews with criminal defense attorneys who have represented defendants charged under Operation Streamline, including review of the opportunity of arrestees to consult with immigration attorneys prior to conviction, and the ratio of defendants to defense attorneys.CommentsClose CommentsPermalink





(c) Relevant Congressional Committees in This Section-CommentsClose CommentsPermalink





(1) The Committee on Appropriations of the Senate.CommentsClose CommentsPermalink





(2) The Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(3) The Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(5) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(6) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(d) Re-evaluation of Program- The Secretary of Homeland Security, in coordination with the Attorney General, shall have 180 additional days, after submission of the report in subsection (b) to the relevant congressional committees, to re-evaluate the future viability of the program. At the end of the 180 day period, the Secretary shall determine whether to continue or terminate the program.CommentsClose CommentsPermalink

SEC. 126. PROJECT GUNRUNNER.

(a) In General- The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico.CommentsClose CommentsPermalink





(b) Activities- In carrying out this section, the Attorney General shallCommentsClose CommentsPermalink





(1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams;CommentsClose CommentsPermalink





(2) establish not fewer than one Project Gunrunner team in each State along the international border between the United States and Mexico; andCommentsClose CommentsPermalink





(3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner.CommentsClose CommentsPermalink





(c) Additional Staff- The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There is authorized to be appropriated $15,000,000 for each of fiscal years 2011 and 2015 to carry out this section.CommentsClose CommentsPermalink

SEC. 127. OPERATION ARMAS CRUZADAS.

(a) In General- In accordance with subsection (b), the Secretary of Homeland Security shall dedicate and expand the resources provided for Operation Armas Cruzadas of United States Immigration and Customs Enforcement (ICE) to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms across the international border between the United States and Mexico.CommentsClose CommentsPermalink





(b) Resources- To achieve the goal described in subsection (a), the Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(1) increase the number of ICE agents assigned to Operation Armas Cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section;CommentsClose CommentsPermalink





(2) increase the number of Border Enforcement Security Task Force (BEST) teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section; andCommentsClose CommentsPermalink





(3) coordinate with the heads of other relevant Federal, State, and local law enforcement agencies to address firearms trafficking in a comprehensive manner.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated $15,000,000 for each of fiscal years 2011 and 2012 to carry out this section.CommentsClose CommentsPermalink

SEC. 128. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination among United States Immigration and Customs Enforcement and United States Customs and Border Protection and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling.CommentsClose CommentsPermalink





(b) Content- In developing the plan required by subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink





(1) the interoperability of databases utilized to prevent human smuggling;CommentsClose CommentsPermalink





(2) adequate and effective personnel training, including methods to ascertain crime victims and vulnerable populations as described in subtitle B of this title;CommentsClose CommentsPermalink





(3) methods and programs to effectively target networks that engage in such smuggling;CommentsClose CommentsPermalink





(4) effective utilization of--CommentsClose CommentsPermalink





(A) visas for victims of trafficking and other crimes; andCommentsClose CommentsPermalink





(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;CommentsClose CommentsPermalink





(5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; andCommentsClose CommentsPermalink





(6) other measures that the Secretary considers appropriate to combat human smuggling.CommentsClose CommentsPermalink





(c) Report- Not later than one 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

SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.

(a) In General- The Commissioner of the United States Customs and Border Protection shall do the following:CommentsClose CommentsPermalink





(1) COLLECTION OF STATISTICS- Collect statistics relating to deaths occurring at the border between the United States and Mexico, including--CommentsClose CommentsPermalink





(A) the causes of the deaths; andCommentsClose CommentsPermalink





(B) the total number of deaths.CommentsClose CommentsPermalink





(2) PUBLICATION OF STATISTICS- Publish the statistics collected in paragraph (1) quarterly.CommentsClose CommentsPermalink





(3) REPORT- Not later than 1 year after the date of enactment of this Act, and annually thereafter, submit to the Secretary a report that--CommentsClose CommentsPermalink





(A) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; andCommentsClose CommentsPermalink





(B) recommends actions to reduce and prevent the deaths described in subsection (a).CommentsClose CommentsPermalink





(b) Southwest Border Strategy Study & Analysis- The Secretary shall conduct a study of Southwest Border Enforcement operations since 1994 and its relationship to death rates on the US-Mexico border.CommentsClose CommentsPermalink





(1) SUBSTANCE- The study shall include--CommentsClose CommentsPermalink





(A) an analysis on the relationship of border enforcement and deaths on the border;CommentsClose CommentsPermalink





(B) an analysis of whether physical barriers, technology, and enforcement programs have contributed to the rate of migrant deaths;CommentsClose CommentsPermalink





(C) an analysis of the effectiveness of geographical terrain as a natural barrier for entry into the United States in achieving Department goals and its role in contributing to rates of migrant deaths; andCommentsClose CommentsPermalink





(D) consultation with nongovernmental organizations and other community stakeholders involved in recovering and identifying migrant deaths; andCommentsClose CommentsPermalink





(E) an assessment of existing protocol related to reporting, tracking and inter-agency communications between CBP and local first responders and consular services.CommentsClose CommentsPermalink





(2) REPORT- The studies shall be submitted to--CommentsClose CommentsPermalink





(3) the United States-Mexico Border Enforcement Commission as established in section 130;CommentsClose CommentsPermalink





(4) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





(5) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(6) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT COMMISSION.

(a) Establishment of Commission-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established an independent commission to be known as the Immigration and United States-Mexico Border Enforcement Commission (referred to in this section as the ‘Commission’).CommentsClose CommentsPermalink





(2) PURPOSES- The purposes of the Commission are--CommentsClose CommentsPermalink





(A) to study the overall enforcement strategies, programs and policies of Federal agencies along the United States-Mexico border, including the Department of Homeland Security, Justice and other relevant agencies;CommentsClose CommentsPermalink





(B) to strengthen relations and collaboration between communities in the border regions and the Department of Homeland Security, Justice and other Federal agencies that carry out such strategies, programs and policies;CommentsClose CommentsPermalink





(C) to ensure the strategies, programs and policies of Federal agencies along the United States-Mexico border and the agents and employees charged to implement them protect the due process and civil and human rights of all individuals and communities at and near the border; andCommentsClose CommentsPermalink





(D) to make recommendations to the President and Congress with respect to such strategies, programs, and policies.CommentsClose CommentsPermalink





(3) MEMBERSHIP- The Commission shall be composed of 16 voting members, who shall be appointed as follows:CommentsClose CommentsPermalink





(A) The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom--CommentsClose CommentsPermalink





(i) 1 shall be a local elected official from the State’s border region;CommentsClose CommentsPermalink





(ii) 1 shall be a local law enforcement official from the State’s border region; andCommentsClose CommentsPermalink





(iii) 2 shall be from the State’s communities of academia, religious leaders, civic leaders or community leaders.CommentsClose CommentsPermalink





(B) 2 nonvoting members, of whom--CommentsClose CommentsPermalink





(i) 1 shall be appointed by the Secretary; andCommentsClose CommentsPermalink





(ii) 1 shall be appointed by the Attorney General.CommentsClose CommentsPermalink





(4) QUALIFICATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Members of the Commission shall be--CommentsClose CommentsPermalink





(i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce or other pertinent qualifications or experience; andCommentsClose CommentsPermalink





(ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico.CommentsClose CommentsPermalink





(B) POLITICAL AFFILIATION- Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party.CommentsClose CommentsPermalink





(C) NONGOVERNMENTAL APPOINTEES- An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government.CommentsClose CommentsPermalink





(5) DEADLINE FOR APPOINTMENT- All members of the Commission shall be appointed not later than 6 months after the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member.CommentsClose CommentsPermalink





(6) TERM OF SERVICE- The term of office for members shall be for the life of the Commission, or 3 years, whichever is shorter.CommentsClose CommentsPermalink





(7) VACANCIES- Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.CommentsClose CommentsPermalink





(8) MEETINGS-CommentsClose CommentsPermalink





(A) INITIAL MEETING- The Commission shall meet and begin the operations of the Commission as soon as practical.CommentsClose CommentsPermalink





(B) SUBSEQUENT MEETINGS- After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members.CommentsClose CommentsPermalink





(C) OUTREACH- The Commission shall formulate and implement an effective outreach strategy to border communities.CommentsClose CommentsPermalink





(9) QUORUM- Nine members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink





(10) CHAIR AND VICE CHAIR- The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members. The term of office shall be for the life of the Commission or by a vote of a minimum of quorum members of the Commission.CommentsClose CommentsPermalink





(11) STRUCTURE- The Review Commission will have a Federal, regional and local review structure, and will be divided into two subcommittees--one focused on border technology, equipment and infrastructure, and a second to focus on border and immigration enforcement policies and programs.CommentsClose CommentsPermalink





(b) Duties- The Commission shall review, examine, and make recommendations regarding immigration and border enforcement policies, strategies, and programs, including recommendations regarding--CommentsClose CommentsPermalink





(1) the compliance of the Department of Homeland Security and other immigration and border-related agencies with existing laws and regulations;CommentsClose CommentsPermalink





(2) the extent to which agency policies and practices protect the civil rights of migrants and border community residents, including but not limited to the contexts of engagement, detention, apprehension, use of force, definition and use of reasonable suspicion and probable cause, and racial profiling;CommentsClose CommentsPermalink





(3) the frequency, adequacy and effectiveness of human and civil rights training of border enforcement personnel and others from Federal agencies who have contact with the public in the border regions;CommentsClose CommentsPermalink





(4) the complaint process and the extent to which the process is transparent and accessible to the public, investigations are opened as necessary and effectively pursued and complaints are resolved in a timely and transparent manner;CommentsClose CommentsPermalink





(5) the effectiveness and capacity of agency oversight, accountability, and management including prevention and disciplinary policies involving use of force, abuse, malfeasance, corruption and illegal activity,CommentsClose CommentsPermalink





(6) the effect of operations, technology, and enforcement infrastructure along such border on the--CommentsClose CommentsPermalink





(A) environment;CommentsClose CommentsPermalink





(B) crossborder traffic and commerce;CommentsClose CommentsPermalink





(C) privacy rights and other civil liberties; andCommentsClose CommentsPermalink





(D) the quality of life of border communities;CommentsClose CommentsPermalink





(7) the extent to which State and local law enforcement engage in the enforcement of Federal immigration law;CommentsClose CommentsPermalink





(8) the extent of compliance with due process standards and equal protection of the law for immigrants and other individuals at and near the border;CommentsClose CommentsPermalink





(9) whether border policies and agencies are accomplishing their stated goals; andCommentsClose CommentsPermalink





(10) any other matters regarding immigration and border enforcement policies, strategies, and programs the Commission determines appropriate.CommentsClose CommentsPermalink





(c) Powers of Commission-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) HEARINGS AND EVIDENCE- The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title--CommentsClose CommentsPermalink





(i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; andCommentsClose CommentsPermalink





(ii) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.CommentsClose CommentsPermalink





(B) SUBPOENAS-CommentsClose CommentsPermalink





(i) ISSUANCE- A subpoena may be issued under this subsection only--CommentsClose CommentsPermalink





(I) by the agreement of the chairman and the vice chairman; orCommentsClose CommentsPermalink





(II) by the affirmative vote of 6 members of the Commission.CommentsClose CommentsPermalink





(ii) SIGNATURE- Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission.CommentsClose CommentsPermalink





(iii) ENFORCEMENT- In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS-CommentsClose CommentsPermalink





(A) The Commission has the ability to make recommendations to the Secretary of Homeland Security on the disposition of cases and discipline of personnel under the Immigration and Naturalization Act.CommentsClose CommentsPermalink





(B) Within 180 days of receipt of a Commission report, the Secretary of Homeland Security shall issue a response, which shall describe how the Department of Homeland Security, the Department of Justice, and the Department of Defense have addressed the recommendation.CommentsClose CommentsPermalink





(3) CONTRACTING- The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.CommentsClose CommentsPermalink





(4) INFORMATION FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.CommentsClose CommentsPermalink





(B) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.CommentsClose CommentsPermalink





(5) ASSISTANCE FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink





(A) GENERAL SERVICES ADMINISTRATION- The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions.CommentsClose CommentsPermalink





(B) OTHER DEPARTMENTS AND AGENCIES- In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.CommentsClose CommentsPermalink





(6) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.CommentsClose CommentsPermalink





(d) Compensation-CommentsClose CommentsPermalink





(1) IN GENERAL- Members of the Commission shall serve without pay.CommentsClose CommentsPermalink





(2) REIMBURSEMENT OF EXPENSES- All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties.CommentsClose CommentsPermalink





(e) Training- The Commission shall establish a process and criteria by which Commission members receive orientation and training on human, constitutional and civil rights.CommentsClose CommentsPermalink





(f) Report- Not later than 2 years after the date of the first meeting called pursuant to (a)(8)(A), the Commission shall submit a report to the President and Congress that contains--CommentsClose CommentsPermalink





(1) findings with respect to the duties of the Commission;CommentsClose CommentsPermalink





(2) recommendations regarding border and immigration enforcement policies, strategies, and programs;CommentsClose CommentsPermalink





(3) suggestions for the implementation of the Commission’s recommendations; andCommentsClose CommentsPermalink





(4) a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (g), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink





(h) Sunset- Unless the Commission is re-authorized by Congress, the Commission shall terminate on the date that is 60 days after the date the Commission submits the report described in subsection (f).CommentsClose CommentsPermalink

SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER ENFORCEMENT.

(a) In General- The Armed Forces of the United States, including the National Guard, are prohibited from assisting in Federal, State and local and civilian law enforcement of immigration laws.CommentsClose CommentsPermalink





(b) Exception- The Armed Forces of the United States, including the National Guard may assist in Federal, State and local and civilian law enforcement of immigration laws when the President of the United States has declared a national emergency or when required for specific counter-terrorism duties. In the case that, Armed Forces of the United States, including the National Guard are required to perform such duties, those duties in support of Federal, State and local and civilian law enforcement of immigration laws shall be limited to--CommentsClose CommentsPermalink





(1) rear echelon support duties, including logistical support, construction, and intelligence collection from positions at least 25 miles from the border;CommentsClose CommentsPermalink





(2) nonarmed operations within 25 miles of the border, including listening posts and observation post operations; andCommentsClose CommentsPermalink





(3) armed operations outside 25 miles of the border, including listening posts and observation post operations.CommentsClose CommentsPermalink





(c) Report- The Secretary shall submit on an annual basis a report to Congress that details the involvement of the Armed Forces in border security and the enforcement of Federal immigration laws.CommentsClose CommentsPermalink

SEC. 132. DEFINITIONS.

For sections 124 through 128:CommentsClose CommentsPermalink





(a) Indian Tribe- The term ‘Indian tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(b) Secretary Concerned- The term ‘Secretary concerned’ means the Secretary of Agriculture with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of Defense with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department, or the Secretary of Commerce with respect to land under the jurisdiction of the Secretary of Commerce.CommentsClose CommentsPermalink