S. 3564 (109th): Border Security First Act of 2006

109th Congress, 2005–2006. Text as of Jun 23, 2006 (Introduced).

Status & Summary | PDF | Source: GPO

II

109th CONGRESS

2d Session

S. 3564

IN THE SENATE OF THE UNITED STATES

June 23, 2006

(for himself, Mr. Talent, and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for comprehensive border security and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Border Security First Act of 2006.

(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.

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 the Bureau of Customs and Border Protection.

Subtitle D—Border Tunnel Prevention Act

Sec. 141. Short title.

Sec. 142. Construction of border tunnel or passage.

Sec. 143. Directive to the United States Sentencing Commission.

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—Border Law Enforcement Relief

Subtitle A—Border Law Enforcement Relief Act

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Border relief grant program.

Sec. 204. Enforcement of Federal immigration law.

Subtitle B—Additional Law Enforcement Relief

Sec. 211. State criminal alien assistance program.

Sec. 212. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.

Sec. 213. Expedited removal of criminal aliens.

Sec. 214. Increase of Federal detention space and the utilization of facilities identified for closure as a result of the Defense Base Closure Realignment Act of 1990.

Sec. 215. Northern Border Prosecution Initiative.

Sec. 216. Southwest Border Prosecution Initiative.

Sec. 217. Law enforcement authority of States and political subdivisions and transfer of aliens to Federal custody.

TITLE III—Border infrastructure and technology modernization

Subtitle A—Border Infrastructure and Technology Modernization Act

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Port of Entry Infrastructure Assessment Study.

Sec. 304. National Land Border Security Plan.

Sec. 305. Expansion of commerce security programs.

Sec. 306. Port of entry technology demonstration program.

Sec. 307. Authorization of appropriations.

Subtitle B—Additional infrastructure elements

Sec. 311. Surveillance technologies programs.

Sec. 312. Border security on certain Federal land.

Sec. 313. Unmanned aerial vehicles.

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.).

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.

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.

I

Border Enforcement

A

Assets for Controlling United States Borders

101.

Enforcement personnel

(a)

Additional personnel

(1)

Port of entry inspectors

In each of the fiscal years 2007 through 2011, 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 2007 through 2011, 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 2007 through 2011, 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 2007 through 2011 to carry out subsection (a)(1).

(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 2007 through 2011 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:

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 2006;

(2)

2,400 in fiscal year 2007;

(3)

2,400 in fiscal year 2008;

(4)

2,400 in fiscal year 2009;

(5)

2,400 in fiscal year 2010; and

(6)

2,400 in fiscal year 2011.

(b)

Northern Border

In each of the fiscal years 2006 through 2011, 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 2007 through 2011 to carry out this section.

.

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 2007 through 2011 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.

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 2007 through 2011 to carry out subsection (a).

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.

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.

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.

B

Border Security Plans, Strategies, and Reports

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.

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.

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 advanced 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.

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).

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 combat 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.

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).

C

Other Border Security Initiatives

121.

Biometric data enhancements

Not later than October 1, 2007, 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).

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.

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.

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.

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 2007 through 2011 to carry out this section.

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, 2007, 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.

.

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.

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 fiscal years 2007 and 2008 to implement the automated biometric entry and exit data system at all land border ports of entry.

.

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.

(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).

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 2007, not less than 5 percent of the overall budget of the Office for such fiscal year;

(2)

for fiscal year 2008, not less than 6 percent of the overall budget of the Office for such fiscal year; and

(3)

for fiscal year 2009, not less than 7 percent of the overall budget of the Office for such fiscal year.

131.

Mandatory detention for aliens apprehended at or between ports of entry

(a)

In General

Beginning on October 1, 2007, 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, 2007, 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).

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:

555.

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), 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 adding 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.

.

133.

Temporary National Guard support for securing the southern land border of the United States

(a)

Authority To provide assistance

(1)

Annual training duty

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)

Other 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.

(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 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)

Governor of a state

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)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(3)

State along the southern border of the united states

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.

134.

Report on incentives to encourage certain members and former Members of the Armed Forces to serve in the Bureau of Customs and Border Protection

(a)

Report required

Not later than 60 days after the date of the enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering 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 2 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 members 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.

(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.

D

Border Tunnel Prevention Act

141.

Short title

This subtitle may be cited as the Border Tunnel Prevention Act.

142.

Construction of border tunnel or passage

(a)

In general

Chapter 27 of title 18, United States Code, as amended by section 132, is further amended by adding at the end the following:

556.

Border tunnels and passages

(a)

Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by the Bureau of Immigration and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years.

(b)

Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than 10 years.

(c)

Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.

.

(b)

Clerical amendment

The table of sections for chapter 27 of title 18, United States Code, as amended by section 132, is further amended by adding at the end the following:

Sec. 556. Border tunnels and passages.

.

(c)

Criminal forfeiture

Section 982(a)(6) of title 18, United States Code, is amended by inserting 556, before 1425,.

143.

Directive to the United States Sentencing Commission

(a)

In general

Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 556 of title 18, United States Code, as added by section 142.

(b)

Requirements

In carrying out this section, the United States Sentencing Commission shall—

(1)

ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 556 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses;

(2)

provide adequate base offense levels for offenses under such section;

(3)

account for any aggravating or mitigating circumstances that might justify exceptions, including—

(A)

the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies; and

(B)

the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements;

(4)

ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;

(5)

make any necessary and conforming changes to the sentencing guidelines and policy statements; and

(6)

ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.

E

Rapid Response Measures

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.

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.

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.

154.

Personal equipment

(a)

Body armor

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

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 2007 through 2011 to carry out this subtitle.

II

Border Law Enforcement Relief

A

Border Law Enforcement Relief Act

201.

Short title

This subtitle may be cited as the Border Law Enforcement Relief Act of 2006.

202.

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

203.

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 2007 through 2011.

(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

In 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 2007 through 2011 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.

204.

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.

B

Additional Law Enforcement Relief

211.

State criminal alien assistance program

(a)

Reimbursement for costs associated with processing criminal illegal aliens

The Secretary shall reimburse States and units of local government for costs associated with processing undocumented criminal aliens through the criminal justice system, including—

(1)

indigent defense;

(2)

criminal prosecution;

(3)

autopsies;

(4)

translators and interpreters; and

(5)

court costs.

(b)

Authorization of Appropriations

(1)

Processing criminal illegal aliens

There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2012 to carry out subsection (a).

(2)

Compensation upon request

Section 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as follows:

(5)

There are authorized to be appropriated to carry this subsection—

(A)

such sums as may be necessary for fiscal year 2007;

(B)

$750,000,000 for fiscal year 2008;

(C)

$850,000,000 for fiscal year 2009; and

(D)

$950,000,000 for each of the fiscal years 2010 through 2012.

.

(c)

Technical Amendment

Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security.

212.

Transportation and processing of illegal aliens apprehended by State and local law enforcement officers

(a)

In general

The Secretary shall provide sufficient transportation and officers to take illegal aliens apprehended by State and local law enforcement officers into custody for processing at a detention facility operated by the Department.

(b)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section.

213.

Expedited removal of criminal aliens

(a)

In general

Section 238 (8 U.S.C. 1228) is amended—

(1)

by striking the section heading and inserting expedited removal of criminal aliens;

(2)

in subsection (a), by striking the subsection heading and inserting: Expedited Removal From Correctional Facilities.—;

(3)

in subsection (b), by striking the subsection heading and inserting: Removal of Criminal Aliens.—;

(4)

in subsection (b), by striking paragraphs (1) and (2) and inserting the following:

(1)

In general

The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240.

(2)

Aliens described

An alien is described in this paragraph if the alien—

(A)

has not been lawfully admitted to the United States for permanent residence; and

(B)

was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2).

;

(5)

in the subsection (c) that relates to presumption of deportability, by striking convicted of an aggravated felony and inserting described in subsection (b)(2);

(6)

by redesignating the subsection (c) that relates to judicial removal as subsection (d); and

(7)

in subsection (d)(5) (as so redesignated), by striking , who is deportable under this Act,.

(b)

Application to certain aliens

(1)

In general

Section 235(b)(1)(A)(iii) (8 U.S.C. 1225(b)(1)(A)(iii)) is amended—

(A)

in subclause (I), by striking Attorney General and inserting Secretary of Homeland Security each place it appears; and

(B)

by adding at the end the following new subclause:

(III)

Exception

Notwithstanding subclauses (I) and (II), the Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to any alien (other than an alien described in subparagraph (F)) who is not a national of a country contiguous to the United States, who has not been admitted or paroled into the United States, and who is apprehended within 100 miles of an international land border of the United States and within 14 days of entry.

.

(2)

Exception

Section 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is amended to read as follows:

(F)

Exception

Subparagraph (A) shall not apply to an alien—

(i)

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; and

(ii)

who—

(I)

arrives by aircraft at a port of entry; or

(II)

is present in the United States and arrived in any manner at or between a port of entry.

.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens apprehended or convicted on or after such date.

214.

Increase of Federal detention space and the utilization of facilities identified for closure as a result of the Defense Base Closure Realignment Act of 1990

(a)

Construction or acquisition of detention facilities

(1)

In general

The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, at least 20 detention facilities in the United States that have the capacity to detain a combined total of not less than 20,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States subject to available appropriations.

(b)

Construction of or acquisition of detention facilities

(1)

Requirement to construct or acquire

The Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required by section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004, as amended by subsection (a), subject to available appropriations.

(2)

Use of alternate detention facilities

Subject to the availability of appropriations, the Secretary shall fully utilize all possible options to cost effectively increase available detention capacities, and shall utilize detention facilities that are owned and operated by the Federal Government if the use of such facilities is cost effective.

(3)

Use of installations under base closure laws

In acquiring additional detention facilities under this subsection, the Secretary shall consider the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) for use in accordance with subsection (a).

(4)

Determination of location

The location of any detention facility constructed or acquired in accordance with this subsection shall be determined, with the concurrence of the Secretary, by the senior officer responsible for Detention and Removal Operations in the Department. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States.

(c)

Annual report to Congress

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, in consultation with the heads of other appropriate Federal agencies, the Secretary shall submit to Congress an assessment of the additional detention facilities and bed space needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.

(d)

Technical and conforming amendment

Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by striking may expend and inserting shall expend.

(e)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

215.

Northern Border Prosecution Initiative

(a)

Initiative required

(1)

In general

From amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall establish and carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of criminal cases that are federally initiated but federally declined-referred.

(2)

Relation with southwestern border prosecution initiative

The program established in paragraph (1) shall—

(A)

be modeled after the Southwestern Border Prosecution Initiative; and

(B)

serve as a partner program to that initiative to reimburse local jurisdictions for processing Federal cases.

(b)

Provision and allocation of funds

Funds provided under the program established in subsection (a) shall be—

(1)

provided in the form of direct reimbursements; and

(2)

allocated in a manner consistent with the manner under which funds are allocated under the Southwestern Border Prosecution Initiative.

(c)

Use of funds

Funds provided to an eligible northern border entity under this section may be used by the entity for any lawful purpose, including:

(1)

prosecution and related costs;

(2)

court costs;

(3)

costs of courtroom technology;

(4)

costs of constructing holding spaces;

(5)

costs of administrative staff;

(6)

costs of defense counsel for indigent defendants; and

(7)

detention costs, including pretrial and posttrial detention.

(d)

Definitions

In this section:

(1)

Case disposition

The term case disposition

(A)

for purposes of the Northern Border Prosecution Initiative, refers to the time between the arrest of a suspect and the resolution of the criminal charges through a county or State judicial or prosecutorial process; and

(B)

does not include incarceration time for sentenced offenders or time spent by prosecutors on judicial appeals.

(2)

Eligible northern border entity

The term eligible northern border entity means—

(A)

the States of Alaska, Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or

(B)

any unit of local government within a State referred to in subparagraph (A).

(3)

Federally declined-referred

The term federally declined-referred

(A)

means, with respect to a criminal case, that a decision has been made in that case by a United States Attorney or a Federal law enforcement agency during a Federal investigation to no longer pursue Federal criminal charges against a defendant and to refer such investigation to a State or local jurisdiction for possible prosecution; and

(B)

includes a decision made on a case-by-case basis as well as a decision made pursuant to a general policy or practice or pursuant to prosecutorial discretion.

(4)

Federally initiated

The term federally initiated means, with respect to a criminal case, that the case results from a criminal investigation or an arrest involving Federal law enforcement authorities for a potential violation of Federal criminal law, including investigations resulting from multi-jurisdictional task forces.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $28,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal years thereafter.

216.

Southwest Border Prosecution Initiative

(a)

Reimbursement to State and local prosecutors for prosecuting federally initiated drug cases

The Attorney General shall, subject to the availability of appropriations, reimburse Southern Border State and county prosecutors for prosecuting federally initiated and referred drug cases.

(b)

Authorization of appropriations

There are authorized to be appropriated $50,000,000 for each of the fiscal years 2007 through 2012 to carry out subsection (a).

217.

Law enforcement authority of States and political subdivisions and transfer to Federal custody

(a)

In general

Title II (8 U.S.C. 1151 et. seq.) is amended by adding after section 240C the following:

240D.

Law enforcement authority of States and political subdivisions and transfer of aliens to Federal custody

(a)

Authority

Notwithstanding any other provision of law, law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including transporting across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the criminal provisions of the immigration laws of the United States in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by a Federal law.

(b)

Construction

Nothing in this section shall be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States.

(c)

Transfer

If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security—

(1)

shall—

(A)

deem the request to include the inquiry to verify immigration status described in section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(c)), and expeditiously inform the requesting entity whether such individual is an alien lawfully admitted to the United States or is otherwise lawfully present in the United States; and

(B)

if the individual is an alien who is not lawfully admitted to the United States or otherwise is not lawfully present in the United States—

(i)

take the illegal alien into the custody of the Federal Government not later than 72 hours after—

(I)

the conclusion of the State charging process or dismissal process; or

(II)

the illegal alien is apprehended, if no State charging or dismissal process is required; or

(ii)

request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and

(2)

shall designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of aliens to the Department of Homeland Security.

(d)

Reimbursement

(1)

In general

The Secretary of Homeland Security shall reimburse a State, or a political subdivision of a State, for expenses, as verified by the Secretary, incurred by the State or political subdivision in the detention and transportation of an alien as described in subparagraphs (A) and (B) of subsection (c)(1).

(2)

Cost computation

Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be the sum of—

(A)

the product of—

(i)

the average daily cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); multiplied by

(ii)

the number of days that the alien was in the custody of the State or political subdivision;

(B)

the cost of transporting the alien from the point of apprehension or arrest to the location of detention, and if the location of detention and of custody transfer are different, to the custody transfer point; and

(C)

the cost of uncompensated emergency medical care provided to a detained alien during the period between the time of transmittal of the request described in subsection (c) and the time of transfer into Federal custody.

(e)

Requirement for appropriate security

The Secretary of Homeland Security shall ensure that—

(1)

aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; and

(2)

aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities, if practicable.

(f)

Requirement for schedule

In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transportation of apprehended aliens from the custody of those States, and political subdivisions of States, which routinely submit requests described in subsection (c), into Federal custody.

(g)

Authority for contracts

(1)

In general

The Secretary of Homeland Security may enter into contracts or cooperative agreements with appropriate State and local law enforcement and detention agencies to implement this section.

(2)

Determination by Secretary

Before entering into a contract or cooperative agreement with a State or political subdivision of a State under paragraph (1), the Secretary shall determine whether the State, or if appropriate, the political subdivision in which the agencies are located, has in place any formal or informal policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate any of the funds made available under this section to any State or political subdivision that has in place a policy that violates such section.

.

(b)

Authorization of appropriations for the detention and transportation to Federal custody of aliens not lawfully present

There are authorized to be appropriated $850,000,000 for fiscal year 2007 and for each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.).

III

Border infrastructure and technology modernization

A

Border Infrastructure and Technology Modernization Act

301.

Short title

This subtitle may be cited as the Border Infrastructure and Technology Modernization Act.

302.

Definitions

In this subtitle:

(1)

Commissioner

The term Commissioner means the Commissioner of the Bureau of Customs and Border Protection of the Department.

(2)

Maquiladora

The term maquiladora means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States.

(3)

Northern border

The term northern border means the international border between the United States and Canada.

(4)

Southern border

The term southern border means the international border between the United States and Mexico.

303.

Port of Entry Infrastructure Assessment Study

(a)

Requirement To update

Not later than January 31 of each year, the Administrator of General Services shall update the Port of Entry Infrastructure Assessment Study prepared by the Bureau of Customs and Border Protection in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives Rep. No. 106–319, on page 67) and submit such updated study to Congress.

(b)

Consultation

In preparing the updated studies required in subsection (a), the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and the Commissioner.

(c)

Content

Each updated study required in subsection (a) shall—

(1)

identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;

(2)

include the projects identified in the National Land Border Security Plan required by section 304; and

(3)

prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to—

(A)

fulfill immediate security requirements; and

(B)

facilitate trade across the borders of the United States.

(d)

Project implementation

The Commissioner shall implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under subsection (c)(3).

(e)

Divergence from priorities

The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, such as immediate security needs or changes in infrastructure in Mexico or Canada, compellingly alter the need for a project in the United States.

304.

National Land Border Security Plan

(a)

In general

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, after consultation with representatives of Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border, shall submit a National Land Border Security Plan to Congress.

(b)

Vulnerability assessment

(1)

In general

The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border.

(2)

Port security coordinators

The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border—

(A)

to assist in conducting a vulnerability assessment at such port; and

(B)

to provide other assistance with the preparation of the plan required in subsection (a).

305.

Expansion of commerce security programs

(a)

Customs-Trade Partnership Against Terrorism

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel, of the Customs-Trade Partnership Against Terrorism programs along the northern border and southern border, including—

(A)

the Business Anti-Smuggling Coalition;

(B)

the Carrier Initiative Program;

(C)

the Americas Counter Smuggling Initiative;

(D)

the Container Security Initiative;

(E)

the Free and Secure Trade Initiative; and

(F)

other Industry Partnership Programs administered by the Commissioner.

(2)

Southern border demonstration program

Not later than 180 days after the date of enactment of this Act, the Commissioner shall implement, on a demonstration basis, at least 1 Customs–Trade Partnership Against Terrorism program along the southern border, which has been successfully implemented along the northern border.

(b)

Maquiladora Demonstration Program

Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security.

306.

Port of entry technology demonstration program

(a)

Establishment

The Secretary shall carry out a technology demonstration program to—

(1)

test and evaluate new port of entry technologies;

(2)

refine port of entry technologies and operational concepts; and

(3)

train personnel under realistic conditions.

(b)

Technology and facilities

(1)

Technology testing

Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to—

(A)

inspections;

(B)

communications;

(C)

port tracking;

(D)

identification of persons and cargo;

(E)

sensory devices;

(F)

personal detection;

(G)

decision support; and

(H)

the detection and identification of weapons of mass destruction.

(2)

Development of facilities

At a demonstration site selected pursuant to subsection (c)(2), the Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including—

(A)

cross-training among agencies;

(B)

advanced law enforcement training; and

(C)

equipment orientation.

(c)

Demonstration sites

(1)

Number

The Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.

(2)

Selection criteria

To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall—

(A)

have been established not more than 15 years before the date of the enactment of this Act;

(B)

consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; and

(C)

have serviced an average of not more than 50,000 vehicles per month during the 1-year period ending on the date of the enactment of this Act.

(d)

Relationship with other agencies

The Secretary shall permit personnel from an appropriate Federal or State agency to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including technologies described in subparagraphs (A) through (H) of subsection (b)(1).

(e)

Report

(1)

Requirement

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section.

(2)

Content

The report submitted under paragraph (1) shall include an assessment by the Secretary of the feasibility of incorporating any demonstrated technology for use throughout the Bureau of Customs and Border Protection.

307.

Authorization of appropriations

(a)

In general

In addition to any funds otherwise available, there are authorized to be appropriated—

(1)

such sums as may be necessary for the fiscal years 2007 through 2011 to carry out the provisions of section 303(a);

(2)

to carry out section 303(d)—

(A)

$100,000,000 for each of the fiscal years 2007 through 2011; and

(B)

such sums as may be necessary in any succeeding fiscal year;

(3)

to carry out section 305(a)—

(A)

$30,000,000 for fiscal year 2007, of which $5,000,000 shall be made available to fund the demonstration project established in section 306(a)(2); and

(B)

such sums as may be necessary for the fiscal years 2008 through 2011;

(4)

to carry out section 305(b)—

(A)

$5,000,000 for fiscal year 2007; and

(B)

such sums as may be necessary for the fiscal years 2008 through 2011; and

(5)

to carry out section 306, provided that not more than $10,000,000 may be expended for technology demonstration program activities at any 1 port of entry demonstration site in any fiscal year—

(A)

$50,000,000 for fiscal year 2007; and

(B)

such sums as may be necessary for each of the fiscal years 2008 through 2011.

(b)

International agreements

Amounts authorized to be appropriated under this subtitle may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border Partnership Action Plan) or the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of this subtitle.

B

Additional infrastructure elements

311.

Surveillance technologies programs

(a)

Aerial surveillance program

(1)

In general

In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each such border.

(2)

Assessment and consultation requirements

In developing the program under this subsection, the Secretary shall—

(A)

consider current and proposed aerial surveillance technologies;

(B)

assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;

(C)

consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and

(D)

consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.

(3)

Additional requirements

(A)

In general

The program developed under this subsection shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances—

(i)

the significance of previous experiences with such technologies in border security or critical infrastructure protection;

(ii)

the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and

(iii)

liability, safety, and privacy concerns relating to the utilization of such technologies for border security.

(4)

Continued use of aerial surveillance technologies

The Secretary may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies.

(5)

Report to congress

Not later than 180 days after implementing the program under this subsection, the Secretary shall submit a report to Congress regarding the program developed under this subsection. The Secretary shall include in the report a description of the program together with such recommendations as the Secretary finds appropriate for enhancing the program.

(6)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(b)

Integrated and Automated Surveillance Program

(1)

Requirement for program

Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a virtual fence along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program.

(2)

Program components

The Secretary shall ensure, to the maximum extent feasible, the Integrated and Automated Surveillance Program is carried out in a manner that—

(A)

the technologies utilized in the Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras, whereby a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;

(B)

cameras utilized in the Program do not have to be manually operated;

(C)

such camera views and positions are not fixed;

(D)

surveillance video taken by such cameras can be viewed at multiple designated communications centers;

(E)

a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;

(F)

future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;

(G)

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

(H)

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

(I)

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

(J)

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

(3)

Report to congress

Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program.

(4)

Evaluation of contractors

(A)

Requirement for standards

The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.

(B)

Review by the inspector general

The Inspector General of the Department shall timely review each new contract related to the Program that has a value of more than $5,000,000, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. The Inspector General shall report the findings of such review to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings.

(5)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

312.

Border security on certain Federal land

(a)

Definitions

In this section:

(1)

Protected land

The term protected land means land under the jurisdiction of the Secretary concerned.

(2)

Secretary concerned

The term Secretary concerned means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b)

Support for border security needs

(1)

In general

To gain operational control over the international land borders of the United States and to prevent the entry of terrorists, unlawful aliens, narcotics, and other contraband into the United States, the Secretary, in cooperation with the Secretary concerned, shall provide—

(A)

increased Customs and Border Protection personnel to secure protected land along the international land borders of the United States;

(B)

Federal land resource training for Customs and Border Protection agents dedicated to protected land; and

(C)

Unmanned Aerial Vehicles, aerial assets, Remote Video Surveillance camera systems, and sensors on protected land that is directly adjacent to the international land border of the United States, with priority given to units of the National Park System.

(2)

Coordination

In providing training for Customs and Border Protection agents under paragraph (1)(B), the Secretary shall coordinate with the Secretary concerned to ensure that the training is appropriate to the mission of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, or the relevant agency of the Department of the Interior or the Department of Agriculture to minimize the adverse impact on natural and cultural resources from border protection activities.

(c)

Inventory of costs and activities

The Secretary concerned shall develop and submit to the Secretary an inventory of costs incurred by the Secretary concerned relating to illegal border activity, including the cost of equipment, training, recurring maintenance, construction of facilities, restoration of natural and cultural resources, recapitalization of facilities, and operations.

(d)

Recommendations

The Secretary shall—

(1)

develop joint recommendations with the National Park Service, the United States Fish and Wildlife Service, and the Forest Service for an appropriate cost recovery mechanism relating to items identified in subsection (c); and

(2)

not later than March 31, 2007, submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), including the Subcommittee on National Parks of the Senate and the Subcommittee on National Parks, Recreation and Public Lands of the House of Representatives, the recommendations developed under paragraph (1).

(e)

Border protection strategy

The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects—

(1)

units of the National Park System;

(2)

National Forest System land;

(3)

land under the jurisdiction of the United States Fish and Wildlife Service; and

(4)

other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture.

313.

Unmanned aerial vehicles

(a)

Unmanned aerial vehicles and associated infrastructure

The Secretary shall acquire and maintain MQ–9 unmanned aerial vehicles for use on the border, including related equipment such as—

(1)

additional sensors;

(2)

critical spares;

(3)

satellite command and control; and

(4)

other necessary equipment for operational support.

(b)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to the Secretary to carry out subsection (a)—

(A)

$178,400,000 for fiscal year 2007; and

(B)

$276,000,000 for fiscal year 2008.

(2)

Availability of funds

Amounts appropriated pursuant to paragraph (1) shall remain available until expended.