109th CONGRESS
2d Session
H. R. 6306
To enhance the security of the borders of the United States.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mr. SPRATT introduced the following bill; which was referred to the Committee
on Homeland Security, and in addition to the Committees on the Judiciary,
Government Reform, Armed Services, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To enhance the security of the borders of the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Immigration and Border Security
Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SECURING UNITED STATES BORDERS
Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Border patrol agents.
Sec. 108. Immigration enforcement agents.
Sec. 109. Port of entry inspection personnel.
Sec. 110. Canine detection teams.
Sec. 111. Secure border initiative financial accountability.
Sec. 112. Border patrol training capacity review.
Sec. 113. Airspace security mission impact review.
Sec. 114. Repair of private infrastructure on border.
Sec. 115. Report on progress in tracking travel of Central American gangs
along international border.
Sec. 116. Collection of data.
Sec. 117. Deployment of radiation detection portal equipment at United
States ports of entry.
Sec. 118. Sense of Congress regarding the Secure Border Initiative.
Sec. 119. Report regarding enforcement of current employment verification
laws.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
Sec. 201. Joint strategic plan for United States border surveillance and
support.
Sec. 202. Border security on protected land.
Sec. 203. Border security threat assessment and information sharing test
and evaluation exercise.
Sec. 204. Border Security Advisory Committee.
Sec. 205. Center of excellence for border security.
Sec. 206. Sense of Congress regarding cooperation with Indian Nations.
TITLE III--DETENTION AND REMOVAL
Sec. 301. Enhanced detention capacity.
Sec. 302. Increase in detention and removal officers.
Sec. 303. Expansion and effective management of detention facilities.
Sec. 304. Enhancing transportation capacity for unlawful aliens.
Sec. 305. Report on financial burden of repatriation.
Sec. 306. Training program.
Sec. 307. GAO study on deaths in custody.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
Sec. 401. Enhanced border security coordination and management.
Sec. 402. Making Our Border Agencies Work.
TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND
WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER
Subtitle A--Equipment Enhancements to Address Shortfalls to Securing United
States Borders
Sec. 501. Emergency deployment of United States Border Patrol agents.
Sec. 502. Helicopters and power boats.
Sec. 503. Motor vehicles.
Sec. 504. Portable computers.
Sec. 505. Radio communications.
Sec. 506. Hand-held global positioning system devices.
Sec. 507. Night vision equipment.
Subtitle B--Human Capital Enhancements to Improve the Recruitment and
Retention of Border Security Personnel
Sec. 511. Maximum student loan repayments for United States Border Patrol
agents.
Sec. 512. Recruitment and relocation bonuses and retention allowances
for personnel of the Department of Homeland Security.
Sec. 513. Law enforcement retirement coverage for inspection officers
and other employees.
Sec. 514. Increase United States Border Patrol agent and inspector pay.
Sec. 515. Compensation for training at Federal Law Enforcement Training
Center.
Subtitle C--Securing and Facilitating the Movement of Goods and Travelers
Sec. 521. Increase in full time United States Customs and Border Protection
import specialists.
Sec. 522. Certifications relating to functions and import specialists
of United States Custom and Border Protection.
Sec. 523. Expedited traveler programs.
TITLE VI--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL ALIENS
Subtitle A--Alien Smuggling
Sec. 601. Combating human smuggling.
Sec. 602. Reestablishment of the United States Border Patrol anti-smuggling
unit.
Sec. 603. New nonimmigrant visa classification to enable informants to
enter the United States and remain temporarily.
Sec. 604. Adjustment of status when needed to protect informants.
Sec. 605. Rewards program.
Sec. 606. Outreach program.
Sec. 607. Establishment of a special task force for coordinating and distributing
information on fraudulent immigration documents.
Subtitle B--Northern Border Prosecution Initiative Reimbursement Act
Sec. 612. Northern Border Prosecution Initiative.
Sec. 613. Authorization of appropriations.
Subtitle C--Criminal Aliens
Sec. 621. Removal of criminal aliens.
Sec. 622. Assistance for States incarcerating undocumented aliens charged
with certain crimes.
Sec. 623. Reimbursement of States for indirect costs relating to the incarceration
of illegal aliens.
Sec. 624. ICE strategy and staffing assessment.
Sec. 625. Congressional mandate regarding processing of criminal aliens
while incarcerated.
Sec. 626. Increase in prosecutors and immigration judges and United States
Marshals.
Subtitle D--Operation Predator
Sec. 631. Direct funding for Operation Predator.
TITLE VII--FULFILLING FUNDING COMMITMENTS MADE IN THE INTELLIGENCE REFORM
AND TERRORISM PREVENTION ACT OF 2004
Sec. 701. Biometric center of excellence.
Sec. 702. Portal detection systems.
Sec. 703. Border security technologies for use between ports of entry.
Sec. 704. Immigration security initiative.
TITLE VIII--STATE AND LOCAL LAW ENFORCEMENT PROVISIONS
Sec. 801. Agreements with State and local law enforcement agencies to
identify and transfer to Federal custody criminal aliens.
Sec. 802. Improved Federal sharing of immigration information.
Sec. 803. State and local reporting of immigration information.
Sec. 804. DWI and immigration information in the National Criminal Information
Center.
Sec. 805. State and local enforcement of Federal immigration laws.
Sec. 806. Detention and deportation of aliens for driving while intoxicated
(DWI).
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Location and deportation of criminal aliens.
Sec. 902. Denying admission to foreign government officials of countries
denying alien return.
Sec. 903. Border patrol training facility.
Sec. 904. Sense of Congress.
SEC. 2. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEE- The term `appropriate congressional
committee' has the meaning given it in section 2(2) of the Homeland Security
Act of 2002 (6 U.S.C. 101(2)).
(2) STATE- The term `State' has the meaning given it in section 2(14)
of the Homeland Security Act of 2002 (6 U.S.C. 101(14)).
TITLE I--SECURING UNITED STATES BORDERS
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General- The Secretary of Homeland Security shall take all actions
the Secretary determines necessary and appropriate to achieve and maintain
operational control over the entire international land and maritime borders
of the United States, to include the following--
(1) systematic surveillance of the international land and maritime borders
of the United States through more effective use of personnel and technology,
such as unmanned aerial vehicles, ground-based sensors, satellites, radar
coverage, and cameras;
(2) physical infrastructure enhancements to prevent unlawful entry by
aliens into the United States and facilitate access to the international
land and maritime borders by United States Customs and Border Protection,
such as additional checkpoints, all weather access roads, and vehicle
barriers; and
(3) increasing deployment of United States Customs and Border Protection
personnel to areas along the international land and maritime borders of
the United States where there are high levels of unlawful entry by aliens
and other areas likely to be impacted by such increased deployment.
(b) Operational Control Defined- In this section, the term `operational
control' means the prevention of the entry into the United States of terrorists,
other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
(c) Deployment of Surveillance Systems Along U.S-MEXICO Border-
(1) PLAN- Not later than September 30, 2007, the Secretary of Homeland
Security shall develop a comprehensive plan to fully deploy technological
surveillance systems along the U.S.-Mexico border. Surveillance systems
included in the deployment plan must--
(A) Ensure continuous monitoring of every mile of the U.S-Mexico border;
and
(B) to the extent practicable, be fully interoperable with existing
surveillance systems, such as the Integrated Surveillance Intelligence
Systems already in use by the Department of Homeland Security.
(2) ADDITIONAL ELEMENTS- Additionally, the deployment plan should include,
but not be limited to, the following elements:
(A) A description of the specific technology to be deployed.
(B) An assessment of the success of existing technologies to determine
if one technology is better than another, or whether there is a way
to combine the capabilities of various detection devices into a single
device.
(C) A description of the technological features of surveillance systems
allowing for compatibility, if practicable, with existing surveillance
technologies.
(D) A description of how the U.S. Border Patrol is working, or will
work, with the Directorate of Science and Technology to analyze high
altitude monitoring technologies (such as unmanned aerial vehicles and
tethered aerostat radar systems) for use with land-based monitoring
technologies.
(E) A description of how radiation portal monitors will be deployed
to ports of entry along the U.S.-Mexico border, and other border locations.
(F) A description of how K-9 detection units will be increased along
the U.S.-Mexico border.
(G) A description of how surveillance technology will provide for continuous
monitoring of the border.
(H) The identification of any obstacles that may impede full implementation
of the deployment plan.
(I) A detailed estimate of all costs associated with the implementation
of the deployment plan.
(3) DEPLOYMENT- Not later than September 30, 2008, the Secretary of Homeland
Security shall fully implement the plan described in subsection (a).
(4) REPORT- Not later than September 30, 2007, the Secretary of Homeland
Security shall submit the plan described in subsection (a) to the appropriate
congressional committee (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)).
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section $200,000,000 for each of fiscal years 2007 and
2008, and such sums as may be necessary for each succeeding fiscal year.
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Surveillance Plan- Not later than six months after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the appropriate
congressional committees a comprehensive plan for the systematic surveillance
of the international land and maritime borders of the United States. The
plan shall include the following:
(1) An assessment of existing technologies employed on such borders.
(2) A description of whether and how new surveillance technologies will
be compatible with existing surveillance technologies.
(3) A description of how the United States Customs and Border Protection
is working, or is expected to work, with the Directorate of Science and
Technology of the Department of Homeland Security to identify and test
surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) The identification of any obstacles that may impede full implementation
of such deployment.
(6) A detailed estimate of all costs associated with the implementation
of such deployment and continued maintenance of such technologies.
(7) A description of how the Department of Homeland Security is working
with the Federal Aviation Administration on safety and airspace control
issues associated with the use of unmanned aerial vehicles in the National
Airspace System.
(b) National Strategy for Border Security- Not later than one year after
the date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the heads of other appropriate Federal agencies, shall
submit to the appropriate congressional committees a National Strategy for
Border Security to achieve operational control over all ports of entry into
the United States and the international land and maritime borders of the
United States. The Secretary shall update the Strategy as needed and shall
submit to the Committee, not later than 30 days after each such update,
the updated Strategy. The National Strategy for Border Security shall include
the following:
(1) The implementation timeline for the surveillance plan described in
subsection (a).
(2) An assessment of the threat posed by terrorists and terrorist groups
that may try to infiltrate the United States at points along the international
land and maritime borders of the United States.
(3) A risk assessment of all ports of entry to the United States and all
portions of the international land and maritime borders of the United
States with respect to--
(A) preventing the entry of terrorists, other unlawful aliens, instruments
of terrorism, narcotics, and other contraband into the United States;
and
(B) protecting critical infrastructure at or near such ports of entry
or borders.
(4) 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.
(5) 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.
(6) A description of the border security roles and missions of Federal,
State, regional, local, and tribal authorities, and recommendations with
respect to how the Department of Homeland Security can improve coordination
with such authorities, to enable border security enforcement to be carried
out in an efficient and effective manner.
(7) A prioritization of research and development objectives to enhance
the security of the international land and maritime borders of the United
States.
(8) A description of ways to ensure that the free flow of legitimate travel
and commerce of the United States is not diminished by efforts, activities,
and programs aimed at securing the international land and maritime borders
of the United States.
(9) An assessment of 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 in accordance
with the National Strategy for Border Security required under this subsection.
(10) A description of how the Secretary shall ensure accountability and
performance metrics within the appropriate agencies of the Department
of Homeland Security responsible for implementing the border security
measures determined necessary upon completion of the National Strategy
for Border Security.
(11) A timeline for the implementation of the additional security measures
determined necessary as part of the National Strategy for Border Security,
including a prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, and resource estimates
and allocations.
(c) Consultation- In creating the National Strategy for Border Security
described in subsection (b), the Secretary shall consult with--
(1) State, local, and tribal authorities along the international land
and maritime borders of the United States; and
(2) an appropriate cross-section of private sector and nongovernmental
organizations with relevant expertise.
(d) Priority of National Strategy- The National Strategy for Border Security
described in subsection (b) shall be the controlling document for security
and enforcement efforts related to securing the international land and maritime
borders of the United States.
(e) Immediate Action- Nothing in this section shall 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 pursuant to section 101 of
this Act or any other provision of law.
(f) Reporting of Implementing Legislation- After submittal of the National
Strategy for Border Security described in subsection (b) to the Committee
on Homeland Security of the House of Representatives, such Committee shall
promptly report to the House legislation authorizing necessary security
measures based on its evaluation of the National Strategy for Border Security.
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.
(a) In General- Not later than six months after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the appropriate
congressional committees a report on the implementation of the cross-border
security agreements signed by the United States with Mexico and Canada,
including recommendations on improving cooperation with such countries to
enhance border security.
(b) Updates- The Secretary shall regularly update the Committee concerning
such implementation.
SEC. 104. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2007, the Secretary of Homeland Security shall--
(1) in consultation with the Attorney General, enhance connectivity between
the IDENT and IAFIS fingerprint databases to ensure more expeditious data
searches; and
(2) in consultation with the Secretary of State, collect ten 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. 1221 note).
SEC. 105. ONE FACE AT THE BORDER INITIATIVE.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to Congress a report--
(1) describing the tangible and quantifiable benefits of the One Face
at the Border Initiative established by the Department of Homeland Security;
(2) identifying goals for and challenges to increased effectiveness of
the One Face at the Border Initiative;
(3) providing a breakdown of the number of inspectors who were--
(A) personnel of the United States Customs Service before the date of
the establishment of the Department of Homeland Security;
(B) personnel of the Immigration and Naturalization Service before the
date of the establishment of the Department;
(C) personnel of the Department of Agriculture before the date of the
establishment of the Department; or
(D) hired after the date of the establishment of the Department;
(4) describing the training time provided to each employee on an annual
basis for the various training components of the One Face at the Border
Initiative; and
(5) outlining the steps taken by the Department to ensure that expertise
is retained with respect to customs, immigration, and agriculture inspection
functions under the One Face at the Border Initiative.
SEC. 106. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously as practicable,
develop and implement a plan to ensure clear and secure two-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 border who do not have mobile communications, as the
Secretary determines necessary; and
(4) between all appropriate Department of Homeland Security border security
agencies and State, local, and tribal law enforcement agencies.
SEC. 107. BORDER PATROL AGENTS.
(a) Increase in Border Patrol Agents- To provide the Department of Homeland
Security with the resources it needs to carry out its mission and responsibility
to secure United States ports of entry and the international land and maritime
borders of the United States and the Secretary of Homeland Security shall
increase by not less than 3,000 in each of the fiscal years 2007 through
2010 the number of positions for full-time active-duty border patrol agents,
subject to the availability of appropriations for such purpose. There are
authorized to be appropriated to the Secretary of Homeland Security such
funds as may be necessary through fiscal year 2010.
(b) Associated Costs- There are authorized to be appropriated to the Secretary
of Homeland Security such funds for fiscal years 2007 through 2010 as may
be necessary to pay the costs associated with--
(1) the number of mission or operational support staff needed;
(2) associated relocation costs;
(3) required information technology enhancements; and
(4) costs to train such new hires.
SEC. 108. IMMIGRATION ENFORCEMENT AGENTS.
The Secretary of Homeland Security shall increase by not less than 2,000
in each of the fiscal years 2007 through 2010 the number of positions for
full-time active-duty immigration enforcement agents, subject to the availability
of appropriations for such purpose. There are authorized to be appropriated
to the Secretary of Homeland Security such funds as may be necessary through
fiscal year 2010.
SEC. 109. PORT OF ENTRY INSPECTION PERSONNEL.
There are authorized to be appropriated to the Secretary of Homeland Security--
(1) $107,000,000 for fiscal year 2007 to hire 400 Customs and Border Protection
Officers above the number of such positions for which funds were allotted
for fiscal year 2006;
(2) $154,000,000 for fiscal year 2008 to hire 400 Customs and Border Protection
Officers above the number of such positions for which funds were allotted
for fiscal year 2007;
(3) $198,000,000 for fiscal year 2009 to hire 400 Customs and Border Protection
Officers above the number of such positions for which funds were allotted
for fiscal year 2008; and
(4) $242,000,000 for fiscal year 2010 to hire 400 Customs and Border Protection
Officers above the number of such positions for which funds were allotted
for fiscal year 2009.
SEC. 110. CANINE DETECTION TEAMS.
In each of fiscal years 2007 through 2011, the Secretary of Homeland Security
shall, subject to the availability of appropriations, increase by not less
than 25 percent above the number of such positions for which funds were
allotted for the preceding fiscal year the number of trained detection canines
for use at United States ports of entry and along the international land
and maritime borders of the United States.
SEC. 111. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department of Homeland Security
shall review each contract action related to the Department's Secure Border
Initiative having a value greater 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 timelines. The Inspector General shall complete a review under
this subsection with respect to a 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) Report by Inspector General- Upon completion of each review described
in subsection (a), the Inspector General shall submit to the Secretary of
Homeland Security a report containing the findings of the review, including
findings regarding any cost overruns, significant delays in contract execution,
lack of rigorous departmental contract management, insufficient departmental
financial oversight, bundling that limits the ability of small business
to compete, or other high risk business practices.
(c) Report by Secretary- Not later than 30 days after the receipt of each
report required under subsection (b), the Secretary of Homeland Security
shall submit to the appropriate congressional committees a report on the
findings of the report by the Inspector General and the steps the Secretary
has taken, or plans to take, to address the problems identified in such
report.
(d) Authorization of Appropriations- In addition to amounts that are otherwise
authorized to be appropriated to the Office of the Inspector General, an
additional amount equal to at least five percent for fiscal year 2007, at
least six percent for fiscal year 2008, and at least seven percent for fiscal
year 2009 of the overall budget of the Office for each such fiscal year
is authorized to be appropriated to the Office to enable the Office to carry
out this section.
SEC. 112. 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 Department
of Homeland Security 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 the curriculum has changed since
September 11, 2001.
(2) A review and a detailed breakdown of the costs incurred by United
States Customs and Border Protection and the Federal Law Enforcement Training
Center to train one 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 law enforcement training programs
provided by State and local agencies, non-profit organizations, universities,
and the private sector.
(4) An evaluation of whether and how utilizing comparable non-Federal
training programs, proficiency testing to streamline training, and long-distance
learning programs may affect--
(A) the cost-effectiveness of increasing the number of Border Patrol
agents trained per year and reducing the per agent costs of basic training;
and
(B) the scope and quality of basic training needed to fulfill the mission
and duties of a Border Patrol agent.
SEC. 113. AIRSPACE SECURITY MISSION IMPACT REVIEW.
Not later than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on Homeland
Security of the House of Representatives a report detailing the impact the
airspace security mission in the National Capital Region (in this section
referred to as the `NCR') will have on the ability of the Department of
Homeland Security to protect the international land and maritime borders
of the United States. Specifically, the report shall address:
(1) The specific resources, including personnel, assets, and facilities,
devoted or planned to be devoted to the NCR airspace security mission,
and from where those resources were obtained or are planned to be obtained.
(2) An assessment of the impact that diverting resources to support the
NCR mission has or is expected to have on the traditional missions in
and around the international land and maritime borders of the United States.
SEC. 114. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.
(a) In General- Subject to the amount appropriated in subsection (d) of
this section, the Secretary of Homeland Security shall reimburse property
owners for costs associated with repairing damages to the property owners'
private infrastructure constructed on a United States Government right-of-way
delineating the international land border when such damages are--
(1) the result of unlawful entry of aliens; and
(2) confirmed by the appropriate personnel of the Department of Homeland
Security and submitted to the Secretary for reimbursement.
(b) Value of Reimbursements- Reimbursements for submitted damages as outlined
in subsection (a) shall not exceed the value of the private infrastructure
prior to damage.
(c) Reports- Not later than six months after the date of the enactment of
this Act and every subsequent six months until the amount appropriated for
this section is expended in its entirety, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the House of Representatives
a report that details the expenditures and circumstances in which those
expenditures were made pursuant to this section.
(d) Authorization of Appropriations- There shall be authorized to be appropriated
an initial $50,000 for each fiscal year to carry out this section.
SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN GANGS
ALONG INTERNATIONAL BORDER.
Not later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall report to the Committee on Homeland
Security of the House of Representatives on the progress of the Department
of Homeland Security in tracking the travel of Central American gangs across
the international land border of the United States and Mexico.
SEC. 116. COLLECTION OF DATA.
Beginning on October 1, 2007, the Secretary of Homeland Security shall annually
compile data on the following categories of information:
(1) The number of unauthorized aliens who require medical care taken into
custody by Border Patrol officials.
(2) The number of unauthorized aliens with serious injuries or medical
conditions Border Patrol officials encounter, and refer to local hospitals
or other health facilities.
(3) The number of unauthorized aliens with serious injuries or medical
conditions who arrive at United States ports of entry and subsequently
are admitted into the United States for emergency medical care, as reported
by United States Customs and Border Protection.
(4) The number of unauthorized aliens described in paragraphs (2) and
(3) who subsequently are taken into custody by the Department of Homeland
Security after receiving medical treatment.
SEC. 117. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED
STATES PORTS OF ENTRY.
(a) Deployment- Not later than one year after the date of the enactment
of this Act, the Secretary of Homeland Security shall deploy radiation portal
monitors at all United States ports of entry and facilities as determined
by the Secretary to facilitate the screening of all inbound cargo for nuclear
and radiological material.
(b) Report- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the Department's progress
toward carrying out the deployment described in subsection (a).
(c) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary to carry out subsection (a) such sums as may be necessary
for each of fiscal years 2007 and 2008.
SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE BORDER INITIATIVE.
It is the sense of Congress that--
(1) as the Secretary of Homeland Security develops and implements the
Secure Border Initiative and other initiatives to strengthen security
along the Nation's borders, the Secretary shall conduct extensive outreach
to the private sector, including small, minority-owned, women-owned, and
disadvantaged businesses; and
(2) the Secretary also shall consult with firms that are practitioners
of mission effectiveness at the Department of Homeland Security, homeland
security business councils, and associations to identify existing and
emerging technologies and best practices and business processes, to maximize
economies of scale, cost-effectiveness, systems integration, and resource
allocation, and to identify the most appropriate contract mechanisms to
enhance financial accountability and mission effectiveness of border security
programs.
SEC. 119. REPORT REGARDING ENFORCEMENT OF CURRENT EMPLOYMENT VERIFICATION
LAWS.
The Secretary of Homeland Security shall issue a biannual report regarding
the Federal employment verification laws that were enacted in 1986, as amended,
the efforts of the Department of Homeland Security to sanction employers
for knowingly hiring unauthorized workers, and an assessment of the impact
of enhanced removal authorities sought by the Department.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE AND
SUPPORT.
(a) In General- The Secretary of Homeland Security and the Secretary of
Defense shall develop a joint strategic plan to use the 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 with the surveillance activities of the
Department of Homeland Security conducted at or near the international land
and maritime borders of the United States.
(b) Report- Not later than six months after the date of the enactment of
this Act, the Secretary of Homeland Security and the Secretary of Defense
shall submit to Congress a report containing--
(1) a description of the use of Department of Defense equipment to assist
with the surveillance by the Department of Homeland Security of the international
land and maritime borders of the United States;
(2) the joint strategic plan developed pursuant to subsection (a);
(3) a description of the types of equipment and other support to be provided
by the Department of Defense under the joint strategic plan during the
one-year period beginning after submission of the report under this subsection;
and
(4) a description of how the Department of Homeland Security and the Department
of Defense are working with the Department of Transportation on safety
and airspace control issues associated with the use of unmanned aerial
vehicles in the National Airspace System.
(c) Rule of Construction- Nothing in this section shall be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18, United
States Code.
SEC. 202. BORDER SECURITY ON PROTECTED LAND.
(a) In General- The Secretary of Homeland Security, in consultation with
the Secretary of the Interior, shall evaluate border security vulnerabilities
on land directly adjacent to the international land border of the United
States under the jurisdiction of the Department of the Interior related
to the prevention of the entry of terrorists, other unlawful aliens, narcotics,
and other contraband into the United States.
(b) Support for Border Security Needs- Based on the evaluation conducted
pursuant to subsection (a), the Secretary of Homeland Security shall provide
appropriate border security assistance on land directly adjacent to the
international land border of the United States under the jurisdiction of
the Department of the Interior, its bureaus, and tribal entities.
SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING TEST
AND EVALUATION EXERCISE.
Not later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall design and carry out a national border
security exercise for the purposes of--
(1) involving officials from Federal, State, territorial, local, tribal,
and international governments and representatives from the private sector;
(2) testing and evaluating the capacity of the United States to anticipate,
detect, and disrupt threats to the integrity of United States borders;
and
(3) testing and evaluating the information sharing capability among Federal,
State, territorial, local, tribal, and international governments.
SEC. 204. BORDER SECURITY ADVISORY COMMITTEE.
(a) Establishment of Committee- Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security shall establish
an advisory committee to be known as the Border Security Advisory Committee
(in this section referred to as the `Committee').
(b) Duties- The Committee shall advise the Secretary on issues relating
to border security and enforcement along the international land and maritime
border of the United States.
(c) Membership- The Secretary shall appoint members to the Committee from
the following:
(1) State and local government representatives from States located along
the international land and maritime borders of the United States.
(2) Community representatives from such States.
(3) Tribal authorities in such States.
SEC. 205. CENTER OF EXCELLENCE FOR BORDER SECURITY.
(a) Establishment- The Secretary of Homeland Security shall establish a
university-based Center of Excellence for Border Security following the
merit-review processes and procedures and other limitations that have been
established for selecting and supporting University Programs Centers of
Excellence.
(b) Activities of the Center- The Center shall prioritize its activities
on the basis of risk to address the most significant threats, vulnerabilities,
and consequences posed by United States borders and border control systems.
The activities shall include the conduct of research, the examination of
existing and emerging border security technology and systems, and the provision
of education, technical, and analytical assistance for the Department of
Homeland Security to effectively secure the borders.
SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN NATIONS.
It is the sense of Congress that--
(1) the Department of Homeland Security should strive to include as part
of a National Strategy for Border Security recommendations on how to enhance
Department cooperation with sovereign Indian Nations on securing our borders
and preventing terrorist entry, including, specifically, the Department
should consider whether a Tribal Smart Border working group is necessary
and whether further expansion of cultural sensitivity training, as exists
in Arizona with the Tohono O'odham Nation, should be expanded elsewhere;
and
(2) as the Department of Homeland Security develops a National Strategy
for Border Security, it should take into account the needs and missions
of each agency that has a stake in border security and strive to ensure
that these agencies work together cooperatively on issues involving Tribal
lands.
TITLE III--DETENTION AND REMOVAL
SEC. 301. ENHANCED DETENTION CAPACITY.
To avoid a return to the `catch and release' policy and to address long-standing
shortages of available detention beds, and to further authorize the provisions
of section 5204 of the Intelligence Reform and Terrorist Prevention Act
of 2004 (Public Law 108-458), there are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be necessary for each
of fiscal years 2007 through 2010 to increase by 25,000 for each fiscal
year the number of funded detention bed spaces.
SEC. 302. INCREASE IN DETENTION AND REMOVAL OFFICERS.
There are authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary to add 250 detention and removal officers
for each of fiscal years 2007 through 2010.
SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall fully utilize--
(1) all available detention facilities operated or contracted by the Department
of Homeland Security; and
(2) all possible options to cost effectively increase available detention
capacities, including the use of temporary detention facilities, the use
of State and local correctional facilities, private space, and secure
alternatives to detention.
SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL ALIENS.
(a) In General- The Secretary of Homeland Security is authorized to enter
into contracts with private entities for the purpose of providing secure
domestic transport of aliens who are apprehended at or along the international
land or maritime borders from the custody of United States Customs and Border
Protection to detention facilities and other locations as necessary.
(b) Criteria for Selection- Notwithstanding any other provision of law,
to enter into a contract under paragraph (1), a private entity shall submit
an application to the Secretary at such time, in such manner, and containing
such information as the Secretary may require. The Secretary shall select
from such applications those entities which offer, in the determination
of the Secretary, the best combination of service, cost, and security.
SEC. 305. REPORT ON FINANCIAL BURDEN OF REPATRIATION.
Not later than October 31 of each year, the Secretary of Homeland Security
shall submit to the Secretary of State and Congress a report that details
the cost to the Department of Homeland Security of repatriation of unlawful
aliens to their countries of nationality or last habitual residence, including
details relating to cost per country. The Secretary shall include in each
such report the recommendations of the Secretary to more cost effectively
repatriate such aliens.
SEC. 306. TRAINING PROGRAM.
Not later than six months after the date of the enactment of this Act, the
Secretary of Homeland Security--
(1) review and evaluate the training provided to Border Patrol agents
and port of entry inspectors regarding the inspection of aliens to determine
whether an alien is referred for an interview by an asylum officer for
a determination of credible fear;
(2) based on the review and evaluation described in paragraph (1), take
necessary and appropriate measures to ensure consistency in referrals
by Border Patrol agents and port of entry inspectors to asylum officers
for determinations of credible fear.
SEC. 307. GAO STUDY ON DEATHS IN CUSTODY.
The Comptroller General of the United States, within 6 months after the
date of the enactment of this Act, shall submit to Congress a report on
the deaths in custody of detainees held on immigration violations by the
Secretary of Homeland Security. The report shall include the following information
with respect to any such deaths and in connection therewith:
(1) Whether any crimes were committed by personnel of the Department of
Homeland Security.
(2) Whether any such deaths were caused by negligence or deliberate indifference
by such personnel.
(3) Whether Department practice and procedures were properly followed
and obeyed.
(4) Whether such practice and procedures are sufficient to protect the
health and safety of such detainees.
(5) Whether reports of such deaths were made under the Deaths in Custody
Act.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
SEC. 401. ENHANCED BORDER SECURITY COORDINATION AND MANAGEMENT.
The Secretary of Homeland Security shall ensure full coordination of border
security efforts among agencies within the Department of Homeland Security,
including United States Immigration and Customs Enforcement, United States
Customs and Border Protection, and United States Citizenship and Immigration
Services, and shall identify and remedy any failure of coordination or integration
in a prompt and efficient manner. In particular, the Secretary of Homeland
Security shall--
(1) oversee and ensure the coordinated execution of border security operations
and policy;
(2) establish a mechanism for sharing and coordinating intelligence information
and analysis at the headquarters and field office levels pertaining to
counter-terrorism, border enforcement, customs and trade, immigration,
human smuggling, human trafficking, and other issues of concern to both
United States Immigration and Customs Enforcement and United States Customs
and Border Protection;
(3) establish Department of Homeland Security task forces (to include
other Federal, State, Tribal and local law enforcement agencies as appropriate)
as necessary to better coordinate border enforcement and the disruption
and dismantling of criminal organizations engaged in cross-border smuggling,
money laundering, and immigration violations;
(4) enhance coordination between the border security and investigations
missions within the Department by requiring that, with respect to cases
involving violations of the customs and immigration laws of the United
States, United States Customs and Border Protection coordinate with and
refer all such cases to United States Immigration and Customs Enforcement;
(5) examine comprehensively the proper allocation of the Department's
border security related resources, and analyze budget issues on the basis
of Department-wide border enforcement goals, plans, and processes;
(6) establish measures and metrics for determining the effectiveness of
coordinated border enforcement efforts; and
(7) develop and implement a comprehensive plan to protect the northern
and southern land borders of the United States and address the different
challenges each border faces by--
(A) coordinating all Federal border security activities;
(B) improving communications and data sharing capabilities within the
Department and with other Federal, State, local, tribal, and foreign
law enforcement agencies on matters relating to border security; and
(C) providing input to relevant bilateral agreements to improve border
functions, including ensuring security and promoting trade and tourism.
SEC. 402. MAKING OUR BORDER AGENCIES WORK.
(a) In General- Title IV of the Homeland Security Act of 2002 (6 U.S.C.
201 et seq.) is amended--
(1) in subtitle A, by amending the heading to read as follows: `Bureau
of Border Security and Customs';
(2) by striking section 401 and inserting the following section:
`SEC. 401. BUREAU OF BORDER SECURITY AND CUSTOMS.
`(a) Establishment- There shall be in the Department of Homeland Security
a Bureau of Border Security and Customs (in this section referred to as
the `Bureau').
`(1) IN GENERAL- The head of the Bureau shall be the Commissioner of Border
Security and Customs (in this section referred to as the `Commissioner').
The Commissioner shall report directly to the Secretary.
`(2) APPOINTMENT- The Commissioner shall be appointed--
`(A) by the President, by and with the advice and consent of the Senate;
and
`(B) from individuals who have--
`(i) a minimum of ten years professional experience in law enforcement;
and
`(ii) a minimum of ten years of management experience.
`(c) Coordination- Among other duties, the Commissioner shall develop and
implement a comprehensive plan to protect the northern and southern land
borders of the United States and address the different challenges each border
faces by--
`(1) coordinating all Federal border security activities;
`(2) improving communications and data sharing capabilities within the
Department and with other Federal, State, local, tribal, and foreign law
enforcement agencies on matters relating to border security; and
`(3) providing input to relevant bilateral agreements to improve border
functions, including ensuring security and promoting trade and tourism.
`(d) Organization- The Bureau shall include five primary divisions. The
head of each division shall be an Assistant Commissioner of Border Security
and Customs who shall be appointed by the Secretary of Homeland Security.
The five divisions and their responsibilities are as follows:
`(1) OFFICE OF IMMIGRATION ENFORCEMENT- It shall be the responsibility
of the Office of Immigration Enforcement to enforce the immigration laws
of the United States.
`(2) OFFICE OF CUSTOMS ENFORCEMENT- It shall be the responsibility of
the Office of Customs Enforcement to enforce the customs laws of the United
States.
`(3) OFFICE OF INSPECTION- It shall be the responsibility of the Office
of Inspection to conduct inspections at official United States ports of
entry and to maintain specialized immigration, customs, and agriculture
secondary inspection functions.
`(4) OFFICE OF BORDER PATROL- It shall be the responsibility of the Office
of Border Patrol to secure the international land and maritime borders
of the United States between ports of entry.
`(5) OFFICE OF MISSION SUPPORT- It shall be the responsibility of the
Office of Mission Support to provide assistance to the Bureau, including
all offices of the Bureau, and additional agencies as determined appropriate
by the Secretary. The Office shall include, at a minimum, detention and
removal functions, intelligence functions, and air and marine support.
`(e) Reorganization- The reorganization authority described in section 872
shall not apply to this section.';
(3) in section 402, in the matter preceding paragraph (1), by striking
`acting through the Under Secretary for Border and Transportation Security,'
and inserting `acting through the Commissioner of Border Security and
Customs,'; and
(4) by inserting after section 403 the following new section:
`SEC. 404. TRANSFER.
`The Bureau of Customs and Border Protection and the Bureau of Immigration
and Customs Enforcement of the Department of Homeland Security, created
pursuant to the `Reorganization Plan Modification for the Department of
Homeland Security' submitted to Congress as required under section 1502,
is hereby transferred into the Bureau of Border Security and Customs, established
pursuant to section 401.'.
(b) Clerical Amendments- The table of contents of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by striking the item related to section 401 and inserting the following
item:
`Sec. 401. Bureau of Border Security and Customs.';
(2) by inserting after the item relating to section 403 the following
new item:
(c) Shadow Wolves Transfer-
(1) TRANSFER OF EXISTING UNIT- In conjunction with the creation of the
Bureau of Border Security and Customs under section 401 of the Homeland
Security Act of 2002, as amended by section 201(a) of this Act, the Secretary
of Homeland Security shall transfer to United States Immigration and Customs
Enforcement all functions (including the personnel, assets, and liabilities
attributable to such functions) of the Customs Patrol Officers unit operating
on the Tohono O'odham Indian reservation (commonly known as the `Shadow
Wolves' unit).
(2) ESTABLISHMENT OF NEW UNITS- The Secretary is authorized to establish
Shadow Wolves units within both the Office of Immigration Enforcement
and Office of Customs Enforcement in the Bureau of Border Security and
Customs.
(3) DUTIES- The Customs Patrol Officer unit transferred pursuant to paragraph
(1), and additional units established pursuant to paragraph (2), shall
operate on Indian lands by preventing the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband into
the United States.
(4) BASIC PAY FOR JOURNEYMAN OFFICERS- A Customs Patrol Officer in a unit
described in this subsection shall receive equivalent pay as a special
agent with similar competencies within United States Immigration and Customs
Enforcement pursuant to the Department of Homeland Security's Human Resources
Management System established under section 841 of the Homeland Security
Act (6 U.S.C. 411).
(5) SUPERVISORS- The Shadow Wolves unit created within the Office of Immigration
Enforcement shall be supervised by a Chief Immigration Patrol Officer.
The Shadow Wolves unit created within the Office of Customs Enforcement
shall be supervised by a Chief Customs Patrol Officer. Each such Officer
shall have the same rank as a resident agent-in-charge of the Office of
Investigations within United States Immigration and Customs Enforcement.
(d) Technical and Conforming Amendments to the Homeland Security Act of
2002-
(1) TRANSPORTATION SECURITY ADMINISTRATION- Section 424(a) of the Homeland
Security Act of 2002 (6 U.S.C. 234(a)) is amended by striking `under the
Under Secretary for Border Transportation and Security'.
(2) OFFICE FOR DOMESTIC PREPAREDNESS- Section 430 of such Act (6 U.S.C.
238) is amended--
(A) in subsection (a), by striking `The Office for Domestic Preparedness
shall be within the Directorate of Border and Transportation Security.'
and inserting `There shall be in the Department an Office for Domestic
Preparedness.'; and
(B) in subsection (b), in the second sentence, by striking `Under Secretary
for Border and Transportation Security' and inserting `Secretary of
Homeland Security'.
(3) BUREAU OF BORDER SECURITY- The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended--
(A) in section 402 (6 U.S.C. 202)--
(i) in the matter preceding paragraph (1), by striking `, acting through
the Under Secretary for Border and Transportation Security,';
(ii) by redesignating paragraph (8) as paragraph (9); and
(iii) by inserting after paragraph (7) the following new paragraph:
`(8) Administering the program to collect information relating to nonimmigrant
foreign students and other exchange program participants described in
section 641 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor
Information System established under that section, and using such information
to carry out the enforcement functions of the Bureau.';
(B) by inserting after section 404 (as added by section 102(a)(4) of
this Act) the following new sections:
`SEC. 405. CHIEF OF IMMIGRATION POLICY AND STRATEGY.
`(a) In General- There shall be a position of Chief of Immigration Policy
and Strategy for the Bureau of Border Security and Customs.
`(b) Functions- In consultation with Bureau of Border Security and Customs
personnel in local offices, the Chief of Immigration Policy and Strategy
shall be responsible for--
`(1) making policy recommendations and performing policy research and
analysis on immigration enforcement issues; and
`(2) coordinating immigration policy issues with the Chief of Policy and
Strategy for the Bureau of Citizenship and Immigration Services (established
under subtitle E), as appropriate.
`SEC. 406. IMMIGRATION LEGAL ADVISOR.
`There shall be a principal immigration legal advisor to the Commissioner
of the Bureau of Border Security and Customs. The immigration legal advisor
shall provide specialized legal advice to the Commissioner of the Bureau
of Border Security and Customs and shall represent the Bureau in all exclusion,
deportation, and removal proceedings before the Executive Office for Immigration
Review.'; and
(C) by striking section 442 (6 U.S.C. 252) and redesignating sections
443 through 446 as sections 442 through 445, respectively.
(4) CONFORMING AMENDMENTS-
(A) BUREAU OF BORDER SECURITY AND CUSTOMS- Each of the following sections
of the Homeland Security Act of 2002 is amended by inserting `and Customs'
after `Border Security' each place it appears:
(i) Section 442, as redesignated by subsection (c)(3).
(ii) Section 443, as redesignated by subsection (c)(3).
(iii) Section 444, as redesignated by subsection (c)(3).
(iv) Section 451 (6 U.S.C. 271).
(v) Section 459 (6 U.S.C. 276).
(vi) Section 462 (6 U.S.C. 279).
(vii) Section 471 (6 U.S.C. 291).
(viii) Section 472 (6 U.S.C. 292).
(ix) Section 474 (6 U.S.C. 294).
(x) Section 475 (6 U.S.C. 295).
(xi) Section 476 (6 U.S.C. 296).
(xii) Section 477 (6 U.S.C. 297).
(B) COMMISSIONER OF THE BUREAU OF BORDER SECURITY AND CUSTOMS- The Homeland
Security Act of 2002 is amended--
(i) in section 442, as redesignated by subsection (c)(3), in the matter
preceding paragraph (1), by striking `Under Secretary for Border and
Transportation Security' and inserting `Commissioner of Border Security
and Customs';
(ii) in section 443, as redesignated by subsection (c)(3), by striking
`Under Secretary for Border and Transportation Security' and inserting
`Commissioner of Border Security and Customs';
(iii) in section 451(a)(2)(C) (6 U.S.C. 271(a)(2)(C)), by striking
`Assistant Secretary' and inserting `Commissioner';
(iv) in section 459(c) (6 U.S.C. 276(c)), by striking `Assistant Secretary'
and inserting `Commissioner'; and
(v) in section 462(b)(2)(A) (6 U.S.C. 279(b)(2)(A)), by striking `Assistant
Secretary' and inserting `Commissioner'.
(5) REFERENCE- Any reference to the Bureau of Border Security in any other
Federal law, Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to the Bureau is deemed to refer to the
Bureau of Border Security and Customs.
(6) CLERICAL AMENDMENTS- The table of contents of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) by inserting after the item relating to section 404 (as added by
section 102(b)(2) of this Act) the following new items:
`Sec. 405. Chief of Policy and Strategy.
`Sec. 406. Legal advisor.';
(B) by striking the item related to section 442; and
(C) by redesignating the items relating to sections 443 through 446
as items relating to sections 442 through 445, respectively.
TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND
WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER
Subtitle A--Equipment Enhancements to Address Shortfalls to Securing United
States Borders
SEC. 501. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.
(a) 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 from the Secretary
of Homeland Security, the Secretary is authorized, subject to subsections
(b) and (c), to provide the State with up to 1,000 additional United States
Border Patrol agents for the purpose of patrolling and defending the international
border, in order to prevent individuals from crossing the international
border and entering the United States at any location other than an authorized
port of entry.
(b) Consultation- The Secretary of Homeland Security shall consult with
the President upon receipt of a request under subsection (a), and shall
grant it to the extent that providing the requested assistance will not
significantly impair the Department of Homeland Security's ability to provide
border security for any other State.
(c) Collective Bargaining- Emergency deployments under this section shall
be made in conformance with all collective bargaining agreements and obligations.
SEC. 502. HELICOPTERS AND POWER BOATS.
(a) In General- The Secretary of Homeland Security shall increase by not
less than 100 the number of United States Border Patrol helicopters, and
shall increase by not less than 250 the number of United States Border Patrol
power boats. The Secretary of Homeland Security shall ensure that appropriate
types of helicopters are procured for the various missions being performed.
The Secretary of Homeland Security also 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.
(b) Use and Training- The Secretary of Homeland Security shall establish
an overall policy on how the helicopters and power boats described in subsection
(a) will be used and implement training programs for the agents who use
them, including safe operating procedures and rescue operations.
SEC. 503. MOTOR VEHICLES.
The Secretary of Homeland Security shall establish a fleet of motor vehicles
appropriate for use by the United States Border Patrol that will permit
a ratio of at least one police-type vehicle per every 3 United States Border
Patrol agents. Additionally, the Secretary of Homeland Security shall ensure
that there are sufficient numbers and types of other motor vehicles to support
the mission of the United States Border Patrol. All vehicles will be chosen
on the basis of appropriateness for use by the United States Border Patrol,
and each vehicle shall have a `panic button' and a global positioning system
device that is activated solely in emergency situations for the purpose
of tracking the location of an agent in distress. The police-type vehicles
shall be replaced at least every 3 years.
SEC. 504. PORTABLE COMPUTERS.
The Secretary of Homeland Security 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.
SEC. 505. RADIO COMMUNICATIONS.
The Secretary of Homeland Security shall augment the existing radio communications
system so all Federal law enforcement personnel working in every area in
which United States Border Patrol operations are conducted have clear and
encrypted two-way radio communication capabilities at all times.
SEC. 506. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.
The Secretary of Homeland Security shall ensure that each United States
Border Patrol agent is issued, when on patrol, a state-of-the-art hand-held
global positioning system device for navigational purposes.
SEC. 507. NIGHT VISION EQUIPMENT.
The Secretary of Homeland Security shall ensure that sufficient quantities
of state-of-the-art night vision equipment are procured and regularly maintained
to enable each United States Border Patrol agent patrolling during the hours
of darkness to be equipped with a portable night vision device.
SEC. 508. BODY ARMOR.
The Secretary of Homeland Security shall ensure that every United States
Border Patrol agent is issued high-quality body armor that is appropriate
for the climate and risks faced by the individual officer. Each officer
shall be allowed to select from among a variety of approved brands and styles.
All body armor shall be replaced at least once every five years.
SEC. 509. WEAPONS.
The Secretary of Homeland Security shall ensure that United States Border
Patrol agents are equipped with weapons that are reliable and effective
to protect themselves, their fellow officers, and innocent third parties
from the threats posed by armed criminals. In addition, the Secretary shall
ensure that the policies of the Department of Homeland Security allow all
such officers to carry weapons selected from a Department approved list
that are suited to the potential threats that such officers face.
Subtitle B--Human Capital Enhancements to Improve the Recruitment and
Retention of Border Security Personnel
SEC. 511. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER PATROL
AGENTS.
Section 5379(b) of title 5, United States Code, is amended by adding at
the end the following:
`(4) In the case of an employee (otherwise eligible for benefits under
this section) who is serving as a full-time active-duty United States
Border Patrol agent within the Department of Homeland Security--
`(A) paragraph (2)(A) shall be applied by substituting `$20,000' for
`$10,000'; and
`(B) paragraph (2)(B) shall be applied by substituting `$80,000' for
`$60,000'.'.
SEC. 512. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES
FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the authority to pay
recruitment and relocation bonuses under section 5753 of title 5, United
States Code, the authority to pay retention bonuses under section 5754 of
such title, and any other similar authorities available under any other
provision of law, rule, or regulation, are exercised to the fullest extent
allowable in order to encourage service in the Department of Homeland Security.
SEC. 513. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS
AND OTHER EMPLOYEES.
(1) FEDERAL EMPLOYEES' RETIREMENT SYSTEM-
(A) Paragraph (17) of section 8401 of title 5, United States Code, is
amended by striking `and' at the end of subparagraph (C), and by adding
at the end the following:
`(E) an employee (not otherwise covered by this paragraph)--
`(i) the duties of whose position include the investigation or apprehension
of individuals suspected or convicted of offenses against the criminal
laws of the United States; and
`(ii) who is authorized to carry a firearm; and
`(F) an employee of the Internal Revenue Service, the duties of whose
position are primarily the collection of delinquent taxes and the securing
of delinquent returns;'.
(B) CONFORMING AMENDMENT- Section 8401(17)(C) of title 5, United States
Code, is amended by striking `(A) and (B)' and inserting `(A), (B),
(E), and (F)'.
(2) CIVIL SERVICE RETIREMENT SYSTEM- Paragraph (20) of section 8331 of
title 5, United States Code, is amended by inserting after `position.'
(in the matter before subparagraph (A)) the following: `For the purpose
of this paragraph, the employees described in the preceding provision
of this paragraph (in the matter before `including') shall be considered
to include an employee, not otherwise covered by this paragraph, who satisfies
clauses (i) and (ii) of section 8401(17)(E) and an employee of the Internal
Revenue Service the duties of whose position are as described in section
8401(17)(F).'.
(3) EFFECTIVE DATE- Except as provided in subsection (b), the amendments
made by this subsection shall take effect on the date of the enactment
of this Act, and shall apply only in the case of any individual first
appointed (or seeking to be first appointed) as a law enforcement officer
(within the meaning of those amendments) on or after such date.
(b) Treatment of Service Performed by Incumbents-
(1) LAW ENFORCEMENT OFFICER AND SERVICE DESCRIBED-
(A) LAW ENFORCEMENT OFFICER- Any reference to a law enforcement officer
described in this paragraph refers to an individual who satisfies the
requirements of section 8331(20) or 8401(17) of title 5, United States
Code (relating to the definition of a law enforcement officer) by virtue
of the amendments made by subsection (a).
(B) SERVICE- Any reference to service described in this paragraph refers
to service performed as a law enforcement officer (as described in this
paragraph).
(2) INCUMBENT DEFINED- For purposes of this subsection, the term `incumbent'
means an individual who--
(A) is first appointed as a law enforcement officer (as described in
paragraph (1)) before the date of the enactment of this Act; and
(B) is serving as such a law enforcement officer on such date.
(3) TREATMENT OF SERVICE PERFORMED BY INCUMBENTS-
(A) IN GENERAL- Service described in paragraph (1) which is performed
by an incumbent on or after the date of the enactment of this Act shall,
for all purposes (other than those to which subparagraph (B) pertains),
be treated as service performed as a law enforcement officer (within
the meaning of section 8331(20) or 8401(17) of title 5, United States
Code, as appropriate), irrespective of how such service is treated under
subparagraph (B).
(B) RETIREMENT- Service described in paragraph (1) which is performed
by an incumbent before, on, or after the date of the enactment of this
Act shall, for purposes of subchapter III of chapter 83 and chapter
84 of title 5, United States Code, be treated as service performed as
a law enforcement officer (within the meaning of section 8331(20) or
8401(17), as appropriate), but only if an appropriate written election
is submitted to the Office of Personnel Management within 5 years after
the date of the enactment of this Act or before separation from Government
service, whichever is earlier.
(4) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERVICE-
(A) IN GENERAL- An individual who makes an election under paragraph
(3)(B) may, with respect to prior service performed by such individual,
contribute to the Civil Service Retirement and Disability Fund the difference
between the individual contributions that were actually made for such
service and the individual contributions that should have been made
for such service if the amendments made by subsection (a) had then been
in effect.
(B) EFFECT OF NOT CONTRIBUTING- If no part of or less than the full
amount required under subparagraph (A) is paid, all prior service of
the incumbent shall remain fully creditable as law enforcement officer
service, but the resulting annuity shall be reduced in a manner similar
to that described in section 8334(d)(2) of title 5, United States Code,
to the extent necessary to make up the amount unpaid.
(C) PRIOR SERVICE DEFINED- For purposes of this subsection, the term
`prior service' means, with respect to any individual who makes an election
under paragraph (3)(B), service (described in paragraph (1)) performed
by such individual before the date as of which appropriate retirement
deductions begin to be made in accordance with such election.
(5) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERVICE-
(A) IN GENERAL- If an incumbent makes an election under paragraph (3)(B),
the agency in or under which that individual was serving at the time
of any prior service (referred to in paragraph (4)) shall remit to the
Office of Personnel Management, for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and Disability
Fund, the amount required under subparagraph (B) with respect to such
service.
(B) AMOUNT REQUIRED- The amount an agency is required to remit is, with
respect to any prior service, the total amount of additional Government
contributions to the Civil Service Retirement and Disability Fund (above
those actually paid) that would have been required if the amendments
made by subsection (a) had then been in effect.
(C) CONTRIBUTIONS TO BE MADE RATABLY- Government contributions under
this paragraph on behalf of an incumbent shall be made by the agency
ratably (on at least an annual basis) over the 10-year period beginning
on the date referred to in paragraph (4)(C).
(6) EXEMPTION FROM MANDATORY SEPARATION- Nothing in section 8335(b) or
8425(b) of title 5, United States Code, shall cause the involuntary separation
of a law enforcement officer (as described in paragraph (1)) before the
end of the 3-year period beginning on the date of the enactment of this
Act.
(7) REGULATIONS- The Office shall prescribe regulations to carry out this
section, including--
(A) provisions in accordance with which interest on any amount under
paragraph (4) or (5) shall be computed, based on section 8334(e) of
title 5, United States Code; and
(B) provisions for the application of this subsection in the case of--
(I) satisfies subparagraph (A) (but not subparagraph (B)) of paragraph
(2); and
(II) serves as a law enforcement officer (as described in paragraph
(1)) after the date of the enactment of this Act; and
(ii) any individual entitled to a survivor annuity (based on the service
of an incumbent, or of an individual under clause (i), who dies before
making an election under paragraph (3)(B)), to the extent of any rights
that would then be available to the decedent (if still living).
(8) RULE OF CONSTRUCTION- Nothing in this subsection shall be considered
to apply in the case of a reemployed annuitant.
SEC. 514. INCREASE UNITED STATES BORDER PATROL AGENT AND INSPECTOR PAY.
Effective as of the first day of the first applicable pay period beginning
on the date that is one year after the date of the enactment of this Act,
the highest basic rate of pay for a journey level United States Border Patrol
agent or immigration, customs, or agriculture inspector within the Department
of Homeland Security whose primary duties consist of enforcing the immigration,
customs, or agriculture laws of the United States shall increase from the
annual rate of basic pay for positions at GS-11 of the General Schedule
to the annual rate of basic pay for positions at GS-12 of the General Schedule.
SEC. 515. COMPENSATION FOR TRAINING AT FEDERAL LAW ENFORCEMENT TRAINING
CENTER.
Official training, including training provided at the Federal Law Enforcement
Training Center, that is provided to a customs officer or canine enforcement
officer (as defined in subsection (e)(1) of section 5 of the Act of February
13, 1911 (19 U.S.C. 267), or to a customs and border protection officer
shall be deemed work for purposes of such section. If such training results
in the officer performing work in excess of 40 hours in the administrative
workweek of the officer or in excess of 8 hours in a day, the officer shall
be compensated for that work at an hourly rate of pay that is equal to 2
times the hourly rate of the basic pay of the officer, in accordance with
subsection (a)(1) of such section. Such compensation shall apply with respect
to such training provided to such officers on or after January 1, 2002.
Not later than 60 days after the date of the enactment of this Act, such
compensation shall be provided to such officers, together with any applicable
interest, calculated in accordance with section 5596(b)(2) of title 5, United
States Code.
Subtitle C--Securing and Facilitating the Movement of Goods and Travelers
SEC. 521. INCREASE IN FULL TIME UNITED STATES CUSTOMS AND BORDER PROTECTION
IMPORT SPECIALISTS.
(a) In General- The number of full time United States Customs and Border
Protection non-supervisory import specialists in the Department of Homeland
Security shall be not less than 1,080 in fiscal year 2007.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of Homeland Security such sums as may be necessary to fund
these positions and related expenses including training and support.
SEC. 522. CERTIFICATIONS RELATING TO FUNCTIONS AND IMPORT SPECIALISTS
OF UNITED STATES CUSTOM AND BORDER PROTECTION.
(a) Functions- The Secretary of Homeland Security shall annually certify
to Congress, that, pursuant to paragraph (1) of section 412(b) of the Homeland
Security Act of 2002 (6 U.S.C. 212(b)) the Secretary has not consolidated,
discontinued, or diminished those functions described in paragraph (2) of
such section that were performed by the United States Customs Service, or
reduced the staffing level or reduced resources attributable to such functions.
(b) Number of Import Specialists- The Secretary of Homeland Security shall
annually certify to Congress that, in accordance with the requirement described
in section 302(a), the number of full time non-supervisory import specialists
employed by United States Customs and Border Protection is at least 1,080.
SEC. 523. EXPEDITED TRAVELER PROGRAMS.
(a) Sense of Congress- It is the sense of Congress that the expedited travel
programs of the Department of Homeland Security should be expanded to all
major United States ports of entry and participation in the pre-enrollment
programs should be strongly encouraged. These programs assist frontline
officers of the United States in the fight against terrorism by increasing
the number of known travelers crossing the border. The identities of such
expedited travelers should be entered into a database of known travelers
who have been subjected to in-depth background and watch-list checks. This
will permit border control officers to focus more closely on unknown travelers,
potential criminals, and terrorists.
(1) IN GENERAL- The Secretary of Homeland Security shall monitor usage
levels of all expedited travel lanes at United States land border ports
of entry.
(2) FUNDING FOR STAFF AND INFRASTRUCTURE- If the Secretary determines
that the usage levels referred to in paragraph (1) exceed the capacity
of border facilities to provide expedited entry and exit, the Secretary
shall submit to Congress a request for additional funding for increases
in staff and improvements in infrastructure, as appropriate, to enhance
the capacity of such facilities.
(c) Expansion of Expedited Traveler Services- The Secretary of Homeland
Security shall--
(1) open new enrollment centers in States that do not share an international
land border with Canada or Mexico but where the Secretary has determined
that a large demand for expedited traveler programs exist;
(2) reduce fee levels for the expedited traveler programs to encourage
greater participation; and
(3) cooperate with the Secretary of State in the public promotion of benefits
of the expedited traveler programs of the Department of Homeland Security.
(d) Report on Expedited Traveler Programs- The Secretary of Homeland Security
shall, on biannually in 2007, 2008, and 2009, submit to Congress a report
on participation in the expedited traveler programs of the Department of
Homeland Security.
(e) Integration and Interoperability of Expedited Traveler Program Databases-
Not later than six months after the date of the enactment of this Act, the
Secretary of Homeland Security shall develop a plan to full integrate and
make interoperable the databases of all of the expedited traveler programs
of the Department of Homeland Security, including NEXUS, AIR NEXUS, SENTRI,
FAST, and Register Traveler.
TITLE VI--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL ALIENS
Subtitle A--Alien Smuggling
SEC. 601. 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 of Homeland
Security and any other Federal, State, local, or tribal authorities, as
determined appropriate by the Secretary, to improve coordination efforts
to combat human smuggling.
(b) Content- In developing the plan required by subsection (a), the Secretary
shall consider--
(1) the interoperability of databases utilized to prevent human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks that engage in
such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures that prevent,
detect, and prosecute international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance intelligence
sharing and cooperation with foreign governments whose citizens are preyed
on by human smugglers; and
(6) other measures that the Secretary considers appropriate to combating
human smuggling.
(c) Report- Not later than 1 year after implementing the plan described
in subsection (a), the Secretary shall submit to Congress a report on such
plan, including any recommendations for legislative action to improve efforts
to combating human smuggling.
SEC. 602. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL ANTI-SMUGGLING
UNIT.
The Secretary of Homeland Security shall reestablish the Anti-Smuggling
Unit within the Office of United States Border Patrol, and shall immediately
staff such office with a minimum of 500 criminal investigators selected
from within the ranks of the United States Border Patrol. Staffing levels
shall be adjusted upward periodically in accordance with workload requirements.
SEC. 603. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE INFORMANTS TO
ENTER THE UNITED STATES AND REMAIN TEMPORARILY.
(a) In General- Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended
(1) in clause (i), by striking `or' at the end;
(2) in clause (ii), by striking the comma at the end and inserting `;
or';
(3) by inserting after clause (ii) the following:
`(iii) who the Secretary of Homeland Security, the Secretary of State,
or the Attorney General determines--
`(I) is in possession of critical reliable information concerning
a commercial alien smuggling organization or enterprise or a commercial
operation for making or trafficking in documents to be used for
entering or remaining in the United States unlawfully;
`(II) is willing to supply or has supplied such information to a
Federal or State court; or
`(III) whose presence in the United States the Secretary of Homeland
Security, the Secretary of State, or the Attorney General determines
is essential to the success of an authorized criminal investigation,
the successful prosecution of an individual involved in the commercial
alien smuggling organization or enterprise, or the disruption of
such organization or enterprise or a commercial operation for making
or trafficking in documents to be used for entering or remaining
in the United States unlawfully.';
(4) by inserting `, or with respect to clause (iii), the Secretary of
Homeland Security, the Secretary of State, or the Attorney General' after
`jointly'; and
(5) by striking `(i) or (ii)' and inserting `(i), (ii), or (iii)'.
(b) Admission of Nonimmigrants- Section 214(k) (8 U.S.C. 1184(k)) is amended
(1) by adding at the end of paragraph (1) the following: `The number of
aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii)
in any fiscal year may not exceed 400.'; and
(2) by adding at the end the following:
`(5) If the Secretary of Homeland Security, the Secretary of State, or
the Attorney General determines that a nonimmigrant described in clause
(iii) of section 101(a)(15)(S), or that of any family member of such a
nonimmigrant who is provided nonimmigrant status pursuant to such section,
must be protecte
