Posted on 05/19/2007 7:23:05 AM PDT by AliVeritas
Calendar No. 144, 110th Congress, S. 1348
In the Senate of the United States May 9, 2007
Mr. Reid (for himself, Mr. Leahy, Mr. Kennedy, Mr. Menendez, and Mr. Salazar) introduced the following bill which was read the first time May 10, 2007
read the second time and placed on the calendar
(Excerpt) Read more at frwebgate.access.gpo.gov ...
Runaway Congress - Has contact links to the hill http://uncooperativeblogger.wordpress.com/2007/05/18/runaway-congress-help-stop-amnesty-now/
S. 1348: A bill to provide for comprehensive immigration reform and for other purposes
S 1348 PCS
Calendar No. 144
110th CONGRESS
1st Session
S. 1348
To provide for comprehensive immigration reform and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 9, 2007
Mr. REID (for himself, Mr. LEAHY, Mr. KENNEDY, Mr. MENENDEZ, and Mr. SALAZAR) introduced the following bill; which was read the first time
May 10, 2007
Read the second time and placed on the calendar
A BILL
To provide for comprehensive immigration reform and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Comprehensive Immigration Reform Act of 2007’.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.
TITLE I—BORDER ENFORCEMENT
Subtitle A—Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border Patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle barriers.
Subtitle B—Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North American security.
Sec. 114. Improving the security of Mexico’s southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.
Subtitle C—Other Border Security Initiatives
Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern land border of the United States.
Sec. 134. Report on incentives to encourage certain members and former members of the Armed Forces to serve in United States Customs and Border Protection.
Sec. 135. Western Hemisphere Travel Initiative.
Subtitle D—Border Law Enforcement Relief Act
Sec. 141. Short title.
Sec. 142. Findings.
Sec. 143. Border relief grant program.
Sec. 144. Enforcement of Federal immigration law.
Subtitle E—Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.
Sec. 152. Border Patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
TITLE II—INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and Immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.
Sec. 215. Diplomatic Security Service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of Immigration violators in the National Crime Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of facilities identified for closures as a result of the Defense Base Closure Realignment Act of 1990.
Sec. 234. Determination of immigration status of individuals charged with Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
TITLE III—UNLAWFUL EMPLOYMENT OF ALIENS
Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
Sec. 305. Antidiscrimination protections.
TITLE IV—NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A—Temporary Guest Workers
Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. Alien employment management system.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary Guest Worker Visa Program Task Force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L visa limitations.
Sec. 412. Compliance investigators.
Sec. 413. Visa waiver program expansion.
Sec. 414. Authorization of appropriations.
Subtitle B—Immigration Injunction Reform
Sec. 421. Short title.
Sec. 422. Appropriate remedies for immigration legislation.
Sec. 423. Effective date.
TITLE V—BACKLOG REDUCTION
Subtitle A—Backlog Reduction
Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children and widows.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.
Sec. 509. Children of Filipino World War II veterans.
Sec. 510. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability.
Sec. 511. Powerline workers.
Sec. 512. Determinations with respect to children under the Haitian Refugee Immigration Fairness Act of 1998.
Subtitle B—SKIL Act of 2007
Sec. 521. Short title.
Sec. 522. H-1B visa holders.
Sec. 523. Market-based visa limits.
Sec. 524. United States educated immigrants.
Sec. 525. Student visa reform.
Sec. 526. L-1 visa holders subject to visa backlog.
Sec. 527. Retaining workers subject to green card backlog.
Sec. 528. Streamlining the adjudication process for established employers.
Sec. 529. Providing premium processing of employment-based visa petitions.
Sec. 530. Eliminating procedural delays in labor certification process.
Sec. 531. Completion of background and security checks.
Sec. 532. Visa revalidation.
Subtitle C—Preservation of Immigration Benefits for Hurricane Katrina Victims
Sec. 541. Short title.
Sec. 542. Definitions.
Sec. 543. Special immigrant status.
Sec. 544. Extension of filing or reentry deadlines.
Sec. 545. Humanitarian relief for certain surviving spouses and children.
Sec. 546. Recipient of public benefits.
Sec. 547. Age-out protection.
Sec. 548. Employment eligibility verification.
Sec. 549. Naturalization.
Sec. 550. Discretionary authority.
Sec. 551. Evidentiary standards and regulations.
Sec. 552. Identification documents.
Sec. 553. Waiver of regulations.
Sec. 554. Notices of change of address.
Sec. 555. Foreign students and exchange program participants.
TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A—Access to Earned Adjustment and Mandatory Departure and Reentry
Sec. 601. Access to earned adjustment and mandatory departure and reentry.
Subtitle B—Agricultural Job Opportunities, Benefits, and Security
Sec. 611. Short title.
Sec. 612. Definitions.
Chapter 1—Pilot Program for Earned Status Adjustment of Agricultural Workers
Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.
Chapter 2—Reform of H-2A Worker Program
Sec. 615. Amendment to the Immigration and Nationality Act.
Chapter 3—Miscellaneous Provisions
Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.
Subtitle C—DREAM Act of 2007
Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for purposes of higher education benefits.
Sec. 624. Cancellation of removal and adjustment of status of certain long-term residents who entered the United States as children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on fees.
Sec. 631. Higher Education assistance.
Sec. 632. GAO report.
Subtitle D—Programs To Assist Nonimmigrant Workers
Sec. 641. Ineligibility and removal before application period.
Sec. 642. Grants to support public education and community training.
Sec. 643. Strengthening American citizenship.
Sec. 644. Supplemental immigration fee.
Sec. 645. Addressing poverty in Mexico.
TITLE VII—MISCELLANEOUS
Subtitle A—Immigration Litigation Reduction
Chapter 1—Appeals and Review
Sec. 701. Additional immigration personnel.
Chapter 2—Immigration Review Reform
Sec. 702. Board of Immigration Appeals.
Sec. 703. Immigration judges.
Sec. 704. Removal and review of judges.
Sec. 705. Legal orientation program.
Sec. 706. Rulemaking.
Sec. 707. GAO study on the appellate process for immigration appeals.
Sec. 708. Senior judge participation in the selection of magistrates.
Subtitle B—Citizenship Assistance for Members of the Armed Services
Sec. 711. Short title.
Sec. 712. Waiver of requirement for fingerprints for members of the Armed Forces.
Sec. 713. Provision of information on naturalization to members of the Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.
Subtitle C—State Court Interpreter Grant Program
Sec. 721. Short title.
Sec. 722. Findings.
Sec. 723. State court interpreter grants.
Sec. 724. Authorization of appropriations.
Subtitle D—Border Infrastructure and Technology Modernization
Sec. 731. Short title.
Sec. 732. Definitions.
Sec. 733. Port of Entry Infrastructure Assessment Study.
Sec. 734. National Land Border Security Plan.
Sec. 735. Expansion of commerce security programs.
Sec. 736. Port of entry technology demonstration program.
Sec. 737. Authorization of appropriations.
Subtitle E—Family Humanitarian Relief
Sec. 741. Short title.
Sec. 742. Adjustment of status for certain nonimmigrant victims of terrorism.
Sec. 743. Cancellation of removal for certain immigrant victims of terrorism.
Sec. 744. Exceptions.
Sec. 745. Evidence of death.
Sec. 746. Definitions.
Subtitle F—Other Matters
Sec. 751. Noncitizen membership in the Armed Forces.
Sec. 752. Surveillance technologies programs.
Sec. 753. Comprehensive immigration efficiency review.
Sec. 754. Northern Border Prosecution Initiative.
Sec. 755. Southwest Border Prosecution Initiative.
Sec. 756. Grant program to assist eligible applicants.
Sec. 757. Screening of municipal solid waste.
Sec. 758. Access to immigration services in areas that are not accessible by road.
Sec. 759. Border security on certain Federal land.
Sec. 760. Unmanned aerial vehicles.
Sec. 761. Relief for widows and orphans.
Sec. 762. Terrorist activities.
Sec. 763. Family unity.
Sec. 764. Travel document plan.
Sec. 765. English as national language.
Sec. 766. Requirements for naturalization.
Sec. 767. Declaration of English.
Sec. 768. Preserving and enhancing the role of the English language.
Sec. 769. Exclusion of illegal aliens from congressional apportionment tabulations.
Sec. 770. Office of Internal Corruption Investigation.
Sec. 771. Adjustment of status for certain persecuted religious minorities.
Sec. 772. Eligibility of agricultural and forestry workers for certain legal assistance.
Sec. 773. Designation of program countries.
Sec. 774. Global healthcare cooperation.
Sec. 775. Attestation by healthcare workers.
Sec. 776. Public access to the Statue of Liberty.
Sec. 777. National security determination.
TITLE VIII—INTERCOUNTRY ADOPTION REFORM
Sec. 801. Short title.
Sec. 802. Findings; purposes.
Sec. 803. Definitions.
Subtitle A—Administration of Intercountry Adoptions
Sec. 811. Office of Intercountry Adoptions.
Sec. 812. Recognition of convention adoptions in the United States.
Sec. 813. Technical and conforming amendment.
Sec. 814. Transfer of functions.
Sec. 815. Transfer of resources.
Sec. 816. Incidental transfers.
Sec. 817. Savings provisions.
Subtitle B—Reform of United States Laws Governing Intercountry Adoptions
Sec. 821. Automatic acquisition of citizenship for adopted children born outside the United States.
Sec. 822. Revised procedures.
Sec. 823. Nonimmigrant visas for children traveling to the United States to be adopted by a United States citizen.
Sec. 824. Definition of adoptable child.
Sec. 825. Approval to adopt.
Sec. 826. Adjudication of child status.
Sec. 827. Funds.
Subtitle C—Enforcement
Sec. 831. Civil penalties and enforcement.
Sec. 832. Criminal penalties.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) DEPARTMENT- Except as otherwise provided, the term `Department’ means the Department of Homeland Security.
(2) SECRETARY- Except as otherwise provided, the term `Secretary’ means the Secretary of Homeland Security.
SEC. 4. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected by such holding.
TITLE I—BORDER ENFORCEMENT
Subtitle A—Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel-
(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors.
(2) INVESTIGATIVE PERSONNEL-
(A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking `800’ and inserting `1000’.
(B) ADDITIONAL PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph (A), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.
(3) DEPUTY UNITED STATES MARSHALS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals that investigate criminal matters related to immigration.
(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-
(A) IN GENERAL- The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.
(B) REPORT- Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit a report on the implementation of the recruitment program established pursuant to subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(b) Authorization of Appropriations-
(1) PORT OF ENTRY INSPECTORS- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out paragraph (1) of subsection (a).
(2) DEPUTY UNITED STATES MARSHALS- There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(3).
(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) Annual Increases- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by—
`(1) 2,000 in fiscal year 2008;
`(2) 2,400 in fiscal year 2009;
`(3) 2,400 in fiscal year 2010;
`(4) 2,400 in fiscal year 2011; and
`(5) 2,400 in fiscal year 2012.
`(b) Northern Border- In each of the fiscal years 2008 through 2012, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year.
`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.’.
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Acquisition- Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a `virtual fence’ along such international borders to provide a barrier to illegal immigration.
(b) Increased Availability of Equipment- The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.
(c) Report- Not later than 6 months after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains—
(1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment;
(2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; and
(3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).
(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under subsection (c), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.
(f) Construction- Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code.
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities- Subject to the availability of appropriations, the Secretary shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).
SEC. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on roadways in border patrol sectors that are located in proximity to the international border between the United States and Mexico.
SEC. 105. PORTS OF ENTRY.
The Secretary is authorized to—
(1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act.
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.
(a) Tucson Sector- The Secretary shall—
(1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; and
(3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.
(b) Yuma Sector- The Secretary shall—
(1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in Yuma, Somerton, and San Luis, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.
(c) Other High Trafficked Areas- The Secretary shall construct not less than 370 miles of triple-layered fencing which may include portions already constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle barriers in other areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and illegal aliens attempting to gain illegal entry into the United States.
(d) Construction Deadline- The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a), (b), and (c) and shall complete such construction not later than 2 years after the date of the enactment of this Act.
(e) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress that has been made in constructing the fencing, barriers, and roads described in subsections (a), (b), and (c).
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.
Subtitle B—Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan- The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States.
(b) Content- The plan required by subsection (a) shall include the following:
(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United States Customs and Border Protection of the Department is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) Identification of any obstacles that may impede such deployment.
(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.
(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.
(c) Submission to Congress- Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress the plan required by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy- The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States.
(b) Content- The National Strategy for Border Security shall include the following:
(1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.
(3) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken—
(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and
(B) to protect critical infrastructure at or near such ports of entry or borders.
(4) An assessment of the legal requirements that prevent achieving and maintaining operational control over the entire international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.
(7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, personal property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations.
(9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.
(11) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.
(12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.
(13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.
(c) Consultation- In developing the National Strategy for Border Security, the Secretary shall consult with representatives of—
(1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.
(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.
(e) Submission to Congress-
(1) STRATEGY- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security.
(2) UPDATES- The Secretary shall submit to Congress any update of such Strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.
(f) Immediate Action- Nothing in this section or section 111 may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.
(a) Requirement for Reports- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on improving the exchange of information related to the security of North America.
(b) Contents- Each report submitted under subsection (a) shall contain a description of the following:
(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including—
(A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including—
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents and to promote information sharing;
(C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States; and
(D) providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with visa and travel documents.
(2) IMMIGRATION AND VISA MANAGEMENT- The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made—
(A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; and
(B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends.
(3) VISA POLICY COORDINATION AND IMMIGRATION SECURITY- The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made—
(A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows;
(B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including—
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;
(D) in providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with immigration violators;
(E) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers;
(F) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; and
(G) in collecting 10 fingerprints from each individual who applies for a visa.
(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States.
(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including the progress made—
(A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country;
(B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country.
(6) MONEY LAUNDERING, CURRENCY SMUGGLING, AND ALIEN SMUGGLING- The progress made in improving information sharing and law enforcement cooperation in combating organized crime, including the progress made—
(A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives;
(B) in implementing the agreement between Canada and the United States known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;
(D) in developing a joint threat assessment on organized crime between Canada and the United States;
(E) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;
(F) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; and
(G) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking.
(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with known and suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams.
SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTHERN BORDER.
(a) Technical Assistance- The Secretary of State, in coordination with the Secretary, shall work to cooperate with the head of Foreign Affairs Canada and the appropriate officials of the Government of Mexico to establish a program—
(1) to assess the specific needs of Guatemala and Belize in maintaining the security of the international borders of such countries;
(2) to use the assessment made under paragraph (1) to determine the financial and technical support needed by Guatemala and Belize from Canada, Mexico, and the United States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize to promote issuance of secure passports and travel documents by such countries; and
(4) to encourage Guatemala and Belize—
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel documents; and
(C) to share relevant information with Mexico, Canada, and the United States.
(b) Border Security for Belize, Guatemala, and Mexico- The Secretary, in consultation with the Secretary of State, shall work to cooperate—
(1) with the appropriate officials of the Government of Guatemala and the Government of Belize to provide law enforcement assistance to Guatemala and Belize that specifically addresses immigration issues to increase the ability of the Government of Guatemala to dismantle human smuggling organizations and gain additional control over the international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of Belize, the Government of Guatemala, the Government of Mexico, and the governments of neighboring contiguous countries to establish a program to provide needed equipment, technical assistance, and vehicles to manage, regulate, and patrol the international borders between Mexico and Guatemala and between Mexico and Belize.
(c) Tracking Central American Gangs- The Secretary of State, in coordination with the Secretary and the Director of the Federal Bureau of Investigation, shall work to cooperate with the appropriate officials of the Government of Mexico, the Government of Guatemala, the Government of Belize, and the governments of other Central American countries—
(1) to assess the direct and indirect impact on the United States and Central America of deporting violent criminal aliens;
(2) to establish a program and database to track individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the governments of Belize, Guatemala, Mexico, the United States, and other appropriate countries to notify such a government if an individual suspected of gang activity will be deported to that country prior to the deportation and to provide support for the reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant information related to individuals connected with Central American gangs.
(d) Limitations on Assistance- Any funds made available to carry out this section shall be subject to the limitations contained in section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat. 2218).
SEC. 115. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination between the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Protection of the Department and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling.
(b) Content- In developing the plan required by subsection (a), the Secretary shall consider—
(1) the interoperability of databases utilized to prevent human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks that engage in such smuggling;
(4) effective utilization of—
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;
(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; and
(6) other measures that the Secretary considers appropriate to combating human smuggling.
(c) Report- Not later than 1 year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling.
(d) Savings Provision- Nothing in this section may be construed to provide additional authority to any State or local entity to enforce Federal immigration laws.
SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics- The Commissioner of the Bureau of Customs and Border Protection shall collect statistics relating to deaths occurring at the border between the United States and Mexico, including—
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of the Bureau of Customs and Border Protection shall submit to the Secretary a report that—
(1) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; and
(2) recommends actions to reduce the deaths described in subsection (a).
SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security- The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding—
(1) improved border security along the international border between the United States and Mexico;
(2) the reduction of human trafficking and smuggling between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between the United States and Mexico;
(4) the reduction of gang membership in the United States and Mexico;
(5) the reduction of violence against women in the United States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws- The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States.
(c) Cooperation Regarding Circular Migration- The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico.
(d) Consultation Requirement- Federal, State, and local representatives in the United States shall consult with their counterparts in Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico, as authorized by this title, before the commencement of any such construction in order to—
(1) solicit the views of affected communities;
(2) lessen tensions; and
(3) foster greater understanding and stronger cooperation on this and other important security issues of mutual concern.
(e) Annual Report- Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on the actions taken by the United States and Mexico under this section.
Subtitle C—Other Border Security Initiatives
SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2008, the Secretary shall—
(1) in consultation with the Attorney General, enhance connectivity between the Automated Biometric Fingerprint Identification System (IDENT) of the Department and the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation to ensure more expeditious data searches; and
(2) in consultation with the Secretary of State, collect all fingerprints from each alien required to provide fingerprints during the alien’s initial enrollment in the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a).
SEC. 122. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities—
(1) among all Border Patrol agents conducting operations between ports of entry;
(2) between Border Patrol agents and their respective Border Patrol stations;
(3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; and
(4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United States shall conduct a review of the basic training provided to Border Patrol agents by the Secretary to ensure that such training is provided as efficiently and cost-effectively as possible.
(b) Components of Review- The review under subsection (a) shall include the following components:
(1) An evaluation of the length and content of the basic training curriculum provided to new Border Patrol agents by the Federal Law Enforcement Training Center, including a description of how such curriculum has changed since September 11, 2001, and an evaluation of language and cultural diversity training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred by the Bureau of Customs and Border Protection and the Federal Law Enforcement Training Center to train 1 new Border Patrol agent.
(3) A comparison, based on the review and breakdown under paragraph (2), of the costs, effectiveness, scope, and quality, including geographic characteristics, with other similar training programs provided by State and local agencies, nonprofit organizations, universities, and the private sector.
(4) An evaluation of whether utilizing comparable non-Federal training programs, proficiency testing, and long-distance learning programs may affect—
(A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent.
SEC. 124. US-VISIT SYSTEM.
Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for—
(1) equipping all land border ports of entry of the United States with the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems operated by the Secretary.
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary shall provide all Customs and Border Protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the head of the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement.
(b) Forensic Document Laboratory- The Secretary shall provide all Customs and Border Protection officers with access to the Forensic Document Laboratory.
(c) Assessment-
(1) REQUIREMENT FOR ASSESSMENT- The Inspector General of the Department shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Laboratory.
(2) REPORT TO CONGRESS- Not later than 6 months after the date of the enactment of this Act, the Inspector General shall submit to Congress the findings of the assessment required by paragraph (1).
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(a) In General- Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended—
(1) by striking `Attorney General’ each place it appears and inserting `Secretary of Homeland Security’;
(2) in the heading, by striking `entry and exit documents’ and inserting `travel and entry documents and evidence of status’;
(3) in subsection (b)(1)—
(A) by striking `Not later than October 26, 2004, the’ and inserting `The’; and
(B) by striking `visas and’ both places it appears and inserting `visas, evidence of status, and’;
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
`(d) Other Documents- Not later than October 26, 2008, every document, other than an interim document, issued by the Secretary of Homeland Security, which may be used as evidence of an alien’s status as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be machine-readable and tamper-resistant, and shall incorporate a biometric identifier to allow the Secretary of Homeland Security to verify electronically the identity and status of the alien.’.
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended—
(1) in paragraph (1)—
(A) by striking `Attorney General’ and inserting `Secretary of Homeland Security’; and
(B) by inserting `and any other nonimmigrant visa issued by the United States that is in the possession of the alien’ after `such visa’; and
(2) in paragraph (2)(A), by striking `(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality’ and inserting `(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality or foreign residence’.
Q. What's the difference between Lewinsky/Clinton and Bush/Kennedy?
A. 1. No blue dress.
2. (Gulp!) No stain, either.
NO to amnesty.
http://www.rightwingnews.com/mt331/2007/05/video_of_the_day_duncan_hunter.php
He’s the only candidate I can support. The rest are squishy on the issues, and the only candidate responsible for building the fence.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United States- Section 215 (8 U.S.C. 1185) is amended—
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph (1), to the end; and
(3) by inserting after subsection (b) the following:
`(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.’.
(b) Inspection of Applicants for Admission- Section 235(d) (8 U.S.C. 1225(d)) is amended by adding at the end the following:
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from—
`(A) any applicant for admission or alien seeking to transit through the United States; or
`(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).’.
(c) Collection of Biometric Data From Alien Crewmen- Section 252 (8 U.S.C. 1282) is amended by adding at the end the following:
`(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.’.
(d) Grounds of Inadmissibility- Section 212 (8 U.S.C. 1182) is amended—
(1) in subsection (a)(7), by adding at the end the following:
`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.’; and
(2) in subsection (d), by inserting after paragraph (1) the following:
`(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) of subsection (a)(7) and may waive the application of such subparagraph for an individual alien or a class of aliens, at the discretion of the Secretary.’.
(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended—
(1) in subsection (c), by adding at the end the following:
`(3) IMPLEMENTATION- In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register.’; and
(2) in subsection (l)—
(A) by striking `There are authorized’ and inserting the following:
`(1) IN GENERAL- There are authorized’; and
(B) by adding at the end the following:
`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.’.
Links to Amendment sections at this post:
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
SEC. 129. BORDER STUDY.
(a) Southern Border Study- The Secretary, in consultation with the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall conduct a study on the construction of a system of physical barriers along the southern international land and maritime border of the United States. The study shall include—
(1) an assessment of the necessity of constructing such a system, including the identification of areas of high priority for the construction of such a system determined after consideration of factors including the amount of narcotics trafficking and the number of illegal immigrants apprehended in such areas;
(2) an assessment of the feasibility of constructing such a system;
(3) an assessment of the international, national, and regional environmental impact of such a system, including the impact on zoning, global climate change, ozone depletion, biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along such a system;
(5) an assessment of the impact such a system would have on international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private property rights including issues of eminent domain and riparian rights;
(7) an estimate of the costs associated with building a barrier system, including costs associated with excavation, construction, and maintenance;
(8) an assessment of the effect of such a system on Indian reservations and units of the National Park System;
(9) an assessment of the necessity of constructing such a system after the implementation of provisions of this Act relating to guest workers, visa reform, and interior and worksite enforcement, and the likely effect of such provisions on undocumented immigration and the flow of illegal immigrants across the international border of the United States;
(10) an assessment of the impact of such a system on diplomatic relations between the United States and Mexico, Central America, and South America, including the likely impact of such a system on existing and potential areas of bilateral and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the quality of life within border communities in the United States and Mexico, including its impact on noise and light pollution, housing, transportation, security, and environmental health;
(12) an assessment of the likelihood that such a system would lead to increased violations of the human rights, health, safety, or civil rights of individuals in the region near the southern international border of the United States, regardless of the immigration status of such individuals;
(13) an assessment of the effect such a system would have on violence near the southern international border of the United States; and
(14) an assessment of the effect of such a system on the vulnerability of the United States to infiltration by terrorists or other agents intending to inflict direct harm on the United States.
(b) Report- Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study described in subsection (a).
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department shall review each contract action relating to the Secure Border Initiative having a value of more than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and time lines. The Inspector General shall complete a review under this subsection with respect to each contract action—
(1) not later than 60 days after the date of the initiation of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General-
(1) ACTION- If the Inspector General becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under subsection (a), the Inspector General shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to the Secretary, or to another appropriate official of the Department, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative.
(2) REPORT- Upon the completion of each review described in subsection (a), the Inspector General shall submit to the Secretary a report containing the findings of the review, including findings regarding—
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to compete; or
(F) other high risk business practices.
(c) Reports by the Secretary-
(1) IN GENERAL- Not later than 30 days after the receipt of each report required under subsection (b)(2), the Secretary shall submit a report, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, that describes—
(A) the findings of the report received from the Inspector General; and
(B) the steps the Secretary has taken, or plans to take, to address the problems identified in such report.
(2) CONTRACTS WITH FOREIGN COMPANIES- Not later than 60 days after the initiation of each contract action with a company whose headquarters is not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative.
(d) Reports on United States Ports- Not later than 30 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Committee on Foreign Investment in the United States shall submit a report to Congress that describes—
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase; and
(3) the manner in which such security concerns have been addressed.
(e) Authorization of Appropriations- In addition to amounts that are otherwise authorized to be appropriated to the Office of the Inspector General of the Department, there are authorized to be appropriated to the Office, to enable the Office to carry out this section—
(1) for fiscal year 2008, not less than 5 percent of the overall budget of the Office for such fiscal year;
(2) for fiscal year 2009, not less than 6 percent of the overall budget of the Office for such fiscal year; and
(3) for fiscal year 2010, not less than 7 percent of the overall budget of the Office for such fiscal year.
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.
(a) In General- Beginning on October 1, 2008, an alien (other than a national of Mexico) who is attempting to illegally enter the United States and who is apprehended at a United States port of entry or along the international land and maritime border of the United States shall be detained until removed or a final decision granting admission has been determined, unless the alien—
(1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) and immediately departs from the United States pursuant to such section; or
(2) is paroled into the United States by the Secretary for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
(b) Requirements During Interim Period- Beginning 60 days after the date of the enactment of this Act and before October 1, 2008, an alien described in subsection (a) may be released with a notice to appear only if—
(1) the Secretary determines, after conducting all appropriate background and security checks on the alien, that the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction-
(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution.
(2) TREATMENT OF CERTAIN ALIENS- The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.
(3) DISCRETION- Nothing in this section shall be construed as limiting the authority of the Secretary, in the Secretary’s sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.
(a) In General- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements
`(a) Prohibition- A person shall be punished as described in subsection (b) if such person attempts to elude or eludes customs, immigration, or agriculture inspection or fails to stop at the command of an officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States at a port of entry or customs or immigration checkpoint.
`(b) Penalties- A person who commits an offense described in subsection (a) shall be—
`(1) fined under this title;
`(2)(A) imprisoned for not more than 3 years, or both;
`(B) imprisoned for not more than 10 years, or both, if in commission of this violation, attempts to inflict or inflicts bodily injury (as defined in section 1365(g) of this title); or
`(C) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; or
`(3) both fined and imprisoned under this subsection.
`(c) Conspiracy- If 2 or more persons conspire to commit an offense described in subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed.
`(d) Prima Facie Evidence- For the purposes of seizure and forfeiture under applicable law, in the case of use of a vehicle or other conveyance in the commission of this offense, or in the case of disregarding or disobeying the lawful authority or command of any officer or employee of the United States under section 111(b) of this title, such conduct shall constitute prima facie evidence of smuggling aliens or merchandise.’.
(b) Conforming Amendment- The table of sections for chapter 27 of title 18, United States Code, is amended by inserting at the end the following:
`555. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.’.
(c) Failure To Obey Border Enforcement Officers- Section 111 of title 18, United States Code, is amended by inserting after subsection (b) the following:
`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever willfully disregards or disobeys the lawful authority or command of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States while engaged in, or on account of, the performance of official duties shall be fined under this title or imprisoned for not more than 5 years, or both.’.
(d) Technical Amendments-
(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended by redesignating section 554 (as added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)) as section 555.
(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18, United States Code, is amended—
(A) by striking the following:
`Sec. 554. Border tunnels and passages.’;
and
(B) by inserting the following:
`Sec. 555. Border tunnels and passages.’.
(3) CRIMINAL FORFEITURE- Section 982(a)(6) of title 18, United States Code, is amended by striking `554’ and inserting `555’.
(4) DIRECTIVE TO UNITED STATES SENTENCING COMMISSION- Paragraphs (1) and (2)(A) of section 551(d) of the Department of Homeland Security Appropriations Act, 2007 is amended by striking `554’ and inserting `555’.
SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance-
(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform annual training duty under section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized in subsection (b), for the purpose of securing such border. Such duty shall not exceed 21 days in any year.
(2) SUPPORT- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform duty under section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units or personnel performing annual training duty under paragraph (1).
(b) Authorized Activities- The activities authorized by this subsection are any of the following:
(1) Ground reconnaissance activities;
(2) Airborne reconnaissance activities;
(3) Logistical support;
(4) Provision of translation services and training;
(5) Administrative support services;
(6) Technical training services;
(7) Emergency medical assistance and services;
(8) Communications services;
(9) Rescue of aliens in peril;
(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States; and
(11) Ground and air transportation.
(c) Cooperative Agreements- Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.
(d) Coordination of Assistance- The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard.
(e) Annual Training- Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty.
(f) Definitions- In this section:
(1) The term `Governor of a State’ means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.
(2) The term `State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) The term `State along the southern border of the United States’ means each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(D) The State of Texas.
(g) Duration of Authority- The authority of this section shall expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law Enforcement- Activities carried out under the authority of this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity.
SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE IN UNITED STATES CUSTOMS AND BORDER PROTECTION.
(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering incentives to covered members and former members of the Armed Forces for the purpose of encouraging such members to serve in the Bureau of Customs and Border Protection.
(b) Covered Members and Former Members of the Armed Forces- For purposes of this section, covered members and former members of the Armed Forces are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within two years of separation from service in the Armed Forces.
(c) Requirements and Limitations-
(1) NATURE OF INCENTIVES- In considering incentives for purposes of the report required by subsection (a), the Secretaries shall consider such incentives, whether monetary or otherwise and whether or not authorized by current law or regulations, as the Secretaries jointly consider appropriate.
(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of the report, the Secretaries shall give particular attention to the utility of such incentive in—
(A) encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former of the Armed Forces who have provided border patrol or border security assistance to the Bureau as part of their duties as members of the Armed Forces; and
(B) leveraging military training and experience by accelerating training, or allowing credit to be applied to related areas of training, required for service with the Bureau of Customs and Border Protection.
(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries shall assume that any costs of such incentives shall be borne by the Department of Homeland Security.
(d) Elements- The report required by subsection (a) shall include the following:
(1) A description of various monetary and non-monetary incentives considered for purposes of the report.
(2) An assessment of the desirability and feasibility of utilizing any such incentive for the purpose specified in subsection (a), including an assessment of the particular utility of such incentive in encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former members of the Armed Forces described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider appropriate.
(e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress’ means—
(1) the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.
SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.
(a) Findings- Congress makes the following findings:
(1) United States citizens make approximately 130,000,000 land border crossings each year between the United States and Canada and the United States and Mexico, with approximately 23,000,000 individual United States citizens crossing the border annually.
(2) Approximately 27 percent of United States citizens possess United States passports.
(3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000 passports, representing an increase of 15 percent from fiscal year 2004.
(4) The Secretary of State estimates that 16,000,000 passports will be issued in fiscal year 2007 and 17,000,000 passports will be issued in fiscal year 2008.
(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline- Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking `January 1, 2008’ and inserting `the later of June 1, 2009, or 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subsection (i) of section 133 of the Comprehensive Immigration Reform Act of 2007.’.
(c) Passport Cards-
(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States citizens to Canada, Mexico, the countries located in the Caribbean, and Bermuda, the Secretary of State, in consultation with the Secretary, is authorized to develop a travel document known as a Passport Card.
(2) ISSUANCE- In accordance with the Western Hemisphere Travel Initiative carried out pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of State, in consultation with the Secretary, shall be authorized to issue to a citizen of the United States who submits an application in accordance with paragraph (5) a travel document that will serve as a Passport Card.
(3) APPLICABILITY- A Passport Card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports.
(4) VALIDITY- A Passport Card shall be valid for the same period as a United States passport.
(5) LIMITATION ON USE- A Passport Card may only be used for the purpose of international travel by United States citizens through land and sea ports of entry between—
(A) the United States and Canada;
(B) the United States and Mexico; and
(C) the United States and a country located in the Caribbean or Bermuda.
(6) APPLICATION FOR ISSUANCE- To be issued a Passport Card, a United States citizen shall submit an application to the Secretary of State. The Secretary of State shall require that such application shall contain the same information as is required to determine citizenship, identity, and eligibility for issuance of a United States passport.
(7) TECHNOLOGY-
(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable, a Passport Card shall be designed and produced to provide a platform on which the expedited traveler programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be added. The Secretary of State and the Secretary shall notify Congress not later than July 1, 2007, if the technology to add expedited travel features to the Passport Card is not developed by that date.
(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department, allows for future technological innovations, and ensures maximum facilitation at the northern and southern borders.
(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable and durable. The Secretary of State and the Secretary shall consult regarding the other technical specifications of the Card, including whether the security features of the Card could be combined with other existing identity documentation.
(9) FEE-
(A) IN GENERAL- An applicant for a Passport Card shall submit an application under paragraph (6) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Passport Card fees shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended.
(B) LIMITATION ON FEES-
(i) IN GENERAL- The Secretary of State shall seek to make the application fee under this paragraph as low as possible.
(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause (iii), the application fee may not exceed $24.
(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not more than $34 if the Secretary of State, the Secretary, and the Postmaster General—
(I) jointly certify to Congress that the cost to produce and issue a Passport Card significantly exceeds $24; and
(II) provide a detailed cost analysis for such fee.
(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for a Passport Card for an individual who submits an application for a Passport Card together with an application for a United States passport.
(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the fee for a Passport Card for a child under 18 years of age.
(E) AUDIT- In the event that the fee for a Passport Card exceeds $24, the Comptroller General of the United States shall conduct an audit to determine whether Passport Cards are issued at the lowest possible cost.
(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable, an application for a Passport Card shall be accepted in the same manner and at the same locations as an application for a United States passport.
(11) RULE OF CONSTRUCTION- Nothing in this section shall be construed as limiting, altering, modifying, or otherwise affecting the validity of a United States passport. A United States citizen may possess a United States passport and a Passport Card.
(d) State Enrollment Demonstration Program-
(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary of State and the Secretary shall enter into a memorandum of understanding with 1 or more appropriate States to carry out at least 1 demonstration program as follows:
(A) A State may include an individual’s United States citizenship status on a driver’s license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).
(B) The Secretary of State shall develop a mechanism to communicate with a participating State to verify the United States citizenship status of an applicant who voluntarily seeks to have the applicant’s United States citizenship status included on a driver’s license.
(C) All information collected about the individual shall be managed exclusively in the same manner as information collected through a passport application and no further distribution of such information shall be permitted.
(D) A State may not require an individual to include the individual’s citizenship status on a driver’s license.
(E) Notwithstanding any other provision of law, a driver’s license which meets the requirements of this paragraph shall be deemed to be sufficient documentation to permit the bearer to enter the United States from Canada or Mexico through not less than at least 1 designated international border crossing in each State participating in the demonstration program.
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect of creating a national identity card.
(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may expand the demonstration program under this subsection so that such program is carried out in additional States, through additional ports of entry, for additional foreign countries, and in a manner that permits the use of additional types of identification documents to prove identity under the program.
(4) STUDY- Not later than 6 months after the date that the demonstration program under this subsection is carried out, the Comptroller General of the United States shall conduct a study of—
(A) the cost of the production and issuance of documents that meet the requirements of the program compared with other travel documents;
(B) the impact of the program on the flow of cross-border traffic and the economic impact of the program; and
(C) the security of travel documents that meet the requirements of the program compared with other travel documents.
(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law, if the Secretary of State and the Secretary certify that certain identity documents issued by Canada (or any of its provinces) meet security and citizenship standards comparable to the requirements described in paragraph (1), the Secretary may determine that such documents are sufficient to permit entry into the United States. The Secretary shall work, to the maximum extent possible, to ensure that identification documents issued by Canada that are used as described in this paragraph contain the same technology as identification documents issued by the United States (or any State).
(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary shall seek to conduct pilot programs related to Passport Cards and the State Enrollment Demonstration Program described in this subsection on the international border between the United States and Canada and the international border between the United States and Mexico.
(e) Expedited Processing for Repeat Travelers-
(1) LAND CROSSINGS- To the maximum extent practicable at the United States border with Canada and the United States border with Mexico, the Secretary shall expand expedited traveler programs carried out by the Secretary to all ports of entry and should encourage citizens of the United States to participate in the preenrollment programs, as such programs assist border control officers of the United States in the fight against terrorism by increasing the number of known travelers crossing the border. The identities of such expedited travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists. The Secretary, in consultation with the appropriate officials of the Government of Canada, shall equip at least 6 additional northern border crossings with NEXUS technology and 6 additional southern ports of entry with SENTRI technology.
(2) SEA CROSSINGS- The Commissioner of Customs and Border Patrol shall conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of United States citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program shall be conducted in Florida and modeled on the I-68 program.
(f) Process for Individuals Lacking Appropriate Documents-
(1) IN GENERAL- The Secretary shall establish a program that satisfies section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)—
(A) to permit a citizen of the United States who has not been issued a United States passport or other appropriate travel document to cross the international border and return to the United States for a time period of not more than 72 hours, on a limited basis, and at no additional fee; or
(B) to establish a process to ascertain the identity of, and make admissibility determinations for, a citizen described in paragraph (A) upon the arrival of such citizen at an international border of the United States.
(2) GRACE PERIOD- During a time period determined by the Secretary, officers of the United States Customs and Border Patrol may permit citizens of the United States and Canada who are unaware of the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking appropriate documentation, to enter the United States upon a demonstration of citizenship satisfactory to the officer. Officers of the United States Customs and Border Patrol shall educate such individuals about documentary requirements.
(g) Travel by Children- Notwithstanding any other provision of law, the Secretary shall develop a procedure to accommodate groups of children traveling by land across an international border under adult supervision with parental consent without requiring a government-issued identity and citizenship document.
(h) Public Promotion- The Secretary of State, in consultation with the Secretary, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the provisions of this Act, to facilitate the acquisition of appropriate documentation to travel to Canada, Mexico, the countries located in the Caribbean, and Bermuda, and to educate United States citizens who are unaware of the requirements for such travel. Such outreach plan should include—
(1) written notifications posted at or near public facilities, including border crossings, schools, libraries, Amtrak stations, and United States Post Offices located within 50 miles of the international border between the United States and Canada or the international border between the United States and Mexico and other ports of entry;
(2) provisions to seek consent to post such notifications on commercial property, such as offices of State departments of motor vehicles, gas stations, supermarkets, convenience stores, hotels, and travel agencies;
(3) the collection and analysis of data to measure the success of the public promotion plan; and
(4) additional measures as appropriate.
(i) Certification- Notwithstanding any other provision of law, the Secretary may not implement the plan described in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009, or the date that is 3 months after the Secretary of State and the Secretary certify to Congress that—
(1)(A) if the Secretary and the Secretary of State develop and issue Passport Cards under this section—
(i) such cards have been distributed to at least 90 percent of the eligible United States citizens who applied for such cards during the 6-month period beginning not earlier than the date the Secretary of State began accepting applications for such cards and ending not earlier than 10 days prior to the date of certification;
(ii) Passport Cards are provided to applicants, on average, within 4 weeks of application or within the same period of time required to adjudicate a passport; and
(iii) a successful pilot has demonstrated the effectiveness of the Passport Card; or
(B) if the Secretary and the Secretary of State do not develop and issue Passport Cards under this section and develop a program to issue an alternative document that satisfies the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border Crossing Card programs, such alternative document is widely available and well publicized;
(2) United States border crossings have been equipped with sufficient document readers and other technologies to ensure that implementation will not substantially slow the flow of traffic and persons across international borders;
(3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept Passport Cards and all alternative identity documents at all United States border crossings; and
(4) the outreach plan described in subsection (g) has been implemented and the Secretary determines such plan has been successful in providing information to United States citizens.
(j) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of State and the Secretary such sums as may be necessary to carry out this section, and the amendment made by this section.
Subtitle D—Border Law Enforcement Relief Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the `Border Law Enforcement Relief Act of 2007’.
SEC. 142. FINDINGS.
Congress finds the following:
(1) It is the obligation of the Federal Government of the United States to adequately secure the Nation’s borders and prevent the flow of undocumented persons and illegal drugs into the United States.
(2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States.
(3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border.
(4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.
(6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes.
(7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region
SEC. 143. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized-
(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address—
(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency’s proximity to the United States border; and
(B) the impact of any lack of security along the United States border.
(2) DURATION- Grants may be awarded under this subsection during fiscal years 2008 through 2012.
(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community—
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States border with—
(i) Canada; or
(ii) Mexico.
(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including—
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and transportation costs; and
(5) such other resources as are available to assist that agency.
(c) Application-
(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall—
(A) describe the activities for which assistance under this section is sought; and
(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.
(d) Definitions- For the purposes of this section:
(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency’ means a tribal, State, or local law enforcement agency—
(A) located in a county no more than 100 miles from a United States border with—
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.
(2) HIGH IMPACT AREA- The term `High Impact Area’ means any county designated by the Secretary as such, taking into consideration—
(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;
(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; and
(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.
(e) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated $50,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.
(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under paragraph (1)—
(A) 2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and
(B) 1/3 shall be set aside for areas designated as a High Impact Area under subsection (d).
(f) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.
SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this subtitle shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.
Subtitle E—Rapid Response Measures
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
(a) Emergency Deployment of Border Patrol Agents-
(1) IN GENERAL- If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents (referred to in this subtitle as `agents’) from the Secretary, the Secretary, subject to paragraphs (1) and (2), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.
(2) CONSULTATION- Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department’s ability to provide border security for any other State.
(3) COLLECTIVE BARGAINING- Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations.
(b) Elimination of Fixed Deployment of Border Patrol Agents- The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.
(c) Increase in Full-Time Border Patrol Agents- Section 5202(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734), as amended by section 101(b)(2), is further amended by striking `2,000’ and inserting `3,000’.
SEC. 152. BORDER PATROL MAJOR ASSETS.
(a) Control of Border Patrol Assets- The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.
(b) Helicopters and Power Boats-
(1) HELICOPTERS- The Secretary shall increase, by not less than 100, the number of helicopters under the control of the United States Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed.
(2) POWER BOATS- The Secretary shall increase, by not less than 250, the number of power boats under the control of the United States 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.
(3) USE AND TRAINING- The Secretary shall—
(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and
(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.
(c) Motor Vehicles-
(1) QUANTITY- The Secretary shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 3 agents. These police-type vehicles shall be replaced not less than every 3 years. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol.
(2) FEATURES- All motor vehicles purchased for the United States Border Patrol shall—
(A) be appropriate for the mission of the United States Border Patrol; and
(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.
SEC. 153. ELECTRONIC EQUIPMENT.
(a) Portable Computers- The Secretary shall ensure that each police-type motor vehicle in the fleet of the United States 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 United States Border Patrol.
(b) Radio Communications- The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where United States 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.
(c) Hand-Held Global Positioning System Devices- The Secretary shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes.
(d) Night Vision Equipment- The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.
SEC. 154. PERSONAL EQUIPMENT.
(a) Border Armor- The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less than every 5 years.
(b) Weapons- The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face.
(c) Uniforms- The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly.
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this subtitle.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.