110th CONGRESS
1st Session
S. 330
To authorize secure borders and comprehensive immigration reform,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 18, 2007
Mr. ISAKSON introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To authorize secure borders and comprehensive immigration reform,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Border Security and Immigration
Reform Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border Patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle barriers.
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North American
security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.
Subtitle C--Other Border Security Initiatives
Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 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.
Sec. 135. Western Hemisphere Travel Initiative.
Sec. 136. Recruitment and retention program.
Subtitle D--Border Law Enforcement Relief Act
Sec. 143. Border relief grant program.
Sec. 144. Enforcement of Federal immigration law.
Subtitle E--Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.
Sec. 152. Border Patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
TITLE II--INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, removal,
and alien smuggling.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration fraud
offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of,
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, naturalization,
and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political subdivisions
and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime Information
Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of facilities
identified for closures as a result of the Defense Base Closure Realignment
Act of 1990.
Sec. 234. Determination of Immigration status of individuals charged with
Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
TITLE III--ILLEGAL ALIEN REGISTRATION
Sec. 301. Registration for illegal workers.
Sec. 302. Guest worker program.
Sec. 303. Effective date.
TITLE IV--PENALTIES
Sec. 401. Increased criminal penalties for document fraud.
Sec. 402. Increased criminal penalties for certain crimes.
Sec. 403. Additional penalties.
TITLE V--REMOVAL AND VIOLATION TRACKING
Sec. 501. Institutional removal program.
Sec. 502. Authorization for detention after completion of state or local
prison sentence.
Sec. 503. Use of the National Crime Information Center Database to track
violations of immigration law.
TITLE VI--BORDER SECURITY CERTIFICATION
Sec. 601. Border security certification.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
SEC. 3. DEFINITIONS.
(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.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel-
(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2008 through
2012, the Secretary shall, subject to the availability of appropriations,
increase by not less than 500 the number of positions for full-time active
duty port of entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(2) INVESTIGATIVE PERSONNEL-
(A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3734) is amended by striking `800' and inserting
`1000'.
(B) ADDITIONAL PERSONNEL- In addition to the positions authorized under
section 5203 of the Intelligence Reform and Terrorism Prevention Act
of 2004, as amended by subparagraph (A), during each of the fiscal years
2008 through 2012, the Secretary shall, subject to the availability
of appropriations, increase by not less than 200 the number of positions
for personnel within the Department assigned to investigate alien smuggling.
(3) DEPUTY UNITED STATES MARSHALS- In each of the fiscal years 2008 through
2012, the Attorney General shall, subject to the availability of appropriations,
increase by not less than 50 the number of positions for full-time active
duty Deputy United States Marshals that investigate criminal matters related
to immigration.
(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-
(A) IN GENERAL- The Commissioner of United States Customs and Border
Protection, in conjunction with the Secretary of Defense or a designee
of the Secretary of Defense, shall establish a program to actively recruit
members of the Army, Navy, Air Force, Marine Corps, and Coast Guard
who have elected to separate from active duty.
(B) REPORT- Not later than 180 days after the date of the enactment
of this Act, the Commissioner shall submit a report on the implementation
of the recruitment program established pursuant to subparagraph (A)
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
(b) Authorization of Appropriations-
(1) PORT OF ENTRY INSPECTORS- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal
years 2008 through 2012 to carry out paragraph (1) of subsection (a).
(2) DEPUTY UNITED STATES MARSHALS- There are authorized to be appropriated
to the Attorney General such sums as may be necessary for each of the
fiscal years 2008 through 2012 to carry out subsection (a)(3).
(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as
follows:
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) Annual Increases- The Secretary of Homeland Security shall, subject
to the availability of appropriations for such purpose, increase the number
of positions for full-time active-duty border patrol agents within the Department
of Homeland Security (above the number of such positions for which funds
were appropriated for the preceding fiscal year), by--
`(1) 2,800 in fiscal year 2008;
`(2) 2,800 in fiscal year 2009;
`(3) 2,800 in fiscal year 2010;
`(4) 2,800 in fiscal year 2011; and
`(5) 2,800 in fiscal year 2012;
`(b) Northern Border- In each of the fiscal years 2008 through 2012, in
addition to the border patrol agents assigned along the northern border
of the United States during the previous fiscal year, the Secretary shall
assign a number of border patrol agents equal to not less than 20 percent
of the net increase in border patrol agents during each such fiscal year.
`(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2008 through 2012
to carry out this section.'.
SEC. 102. TECHNOLOGICAL ASSETS.
(1) IN GENERAL- Subject to the availability of appropriations, the Secretary
shall procure additional unmanned aerial vehicles and related equipment
as described in paragraph (2), 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.
(2) UNMANNED AERIAL VEHICLES- The unmanned aerial vehicles and related
equipment described in this paragraph are MQ-9 unmanned aerial vehicles
and related equipment including--
(C) satellite command and control; and
(D) other necessary equipment for operational support.
(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-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
such sums as may be necessary for each of the fiscal years 2008 through
2012 to carry out subsection (a), including to carry out paragraph (2)
of such subsection--
(A) $178,400,000 for fiscal year 2008; and
(B) $276,000,000 for fiscal year 2009.
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the authorization
of appropriations set out in subparagraphs (A) and (B) of paragraph (1)
are authorized to remain available until expended.
(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning
on the date on which the report is submitted under subsection (c), the Secretary
shall conduct a pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada and the United
States.
(f) Construction- Nothing in this section may be construed as altering or
amending the prohibition on the use of any part of the Army or the Air Force
as a posse comitatus under section 1385 of title 18, United States Code.
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities- Subject to the availability
of appropriations, the Secretary shall construct all-weather roads and acquire
additional vehicle barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal years
2008 through 2012 to carry out subsection (a).
SEC. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on roadways
in border patrol sectors that are located in proximity to the international
border between the United States and Mexico.
SEC. 105. PORTS OF ENTRY.
The Secretary is authorized to--
(1) construct additional ports of entry along the international land borders
of the United States, at locations to be determined by the Secretary;
and
(2) make necessary improvements to the ports of entry in existence on
the date of the enactment of this Act.
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.
(a) Tucson Sector- The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary fencing in the
Tucson Sector located proximate to population centers in Douglas, Nogales,
Naco, and Lukeville, Arizona with double- or triple-layered fencing running
parallel to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not
less than 2 miles beyond urban areas, except that the double- or triple-layered
fence shall extend west of Naco, Arizona, for a distance of 10 miles;
and
(3) construct not less than 150 miles of vehicle barriers and all-weather
roads in the Tucson Sector running parallel to the international border
between the United States and Mexico in areas that are known transit points
for illegal cross-border traffic.
(b) Yuma Sector- The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary fencing in the
Yuma Sector located proximate to population centers in Yuma, Somerton,
and San Luis, Arizona with double- or triple-layered fencing running parallel
to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not
less than 2 miles beyond urban areas in the Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers and all-weather
roads in the Yuma Sector running parallel to the international border
between the United States and Mexico in areas that are known transit points
for illegal cross-border traffic.
(c) Other High Trafficked Areas- The Secretary shall construct not less
than 370 miles of triple-layered fencing which may include portions already
constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle
barriers in other areas along the southwest border that the Secretary determines
are areas that are most often used by smugglers and illegal aliens attempting
to gain illegal entry into the United States.
(d) Construction Deadline- The Secretary shall immediately commence construction
of the fencing, barriers, and roads described in subsections (a), (b), and
(c) and shall complete such construction not later than 2 years after the
date of the enactment of this Act.
(e) Report- Not later than 1 year after the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in constructing the fencing,
barriers, and roads described in subsections (a), (b), and (c).
(f) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan- The Secretary shall develop a comprehensive plan
for the systematic surveillance of the international land and maritime borders
of the United States.
(b) Content- The plan required by subsection (a) shall include the following:
(1) An assessment of existing technologies employed on the international
land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance technologies
with surveillance technologies in use by the Secretary on the date of
the enactment of this Act.
(3) A description of how the Commissioner of the United States Customs
and Border Protection of the Department is working, or is expected to
work, with the Under Secretary for Science and Technology of the Department
to identify and test surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) Identification of any obstacles that may impede such deployment.
(6) A detailed estimate of all costs associated with such deployment and
with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the Administrator
of the Federal Aviation Administration on safety and airspace control
issues associated with the use of unmanned aerial vehicles.
(c) Submission to Congress- Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress the plan required
by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy- The Secretary, in consultation with the heads
of other appropriate Federal agencies, shall develop a National Strategy
for Border Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United States and the
international land and maritime borders of the United States.
(b) Content- The National Strategy for Border Security shall include the
following:
(1) The implementation schedule for the comprehensive plan for systematic
surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and terrorist groups
that may try to infiltrate the United States at locations along the international
land and maritime borders of the United States.
(3) A risk assessment for all United States ports of entry and all portions
of the international land and maritime borders of the United States that
includes a description of activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful aliens, instruments
of terrorism, narcotics, and other contraband into the United States;
and
(B) to protect critical infrastructure at or near such ports of entry
or borders.
(4) An assessment of the legal requirements that prevent achieving and
maintaining operational control over the entire international land and
maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and cost-effective
means of defending the international land and maritime borders of the
United States against threats to security and illegal transit, including
intelligence capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security functions,
taking into account threat and vulnerability information pertaining to
the borders and the impact of new security programs, policies, and technologies.
(7) A description of the border security roles and missions of Federal,
State, regional, local, and tribal authorities, and recommendations regarding
actions the Secretary can carry out to improve coordination with such
authorities to enable border security and enforcement activities to be
carried out in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used for border
security and the effect of the use of such efforts and technologies on
civil rights, personal property rights, privacy rights, and civil liberties,
including an assessment of efforts to take into account asylum seekers,
trafficking victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development objectives to enhance
the security of the international land and maritime borders of the United
States.
(10) A description of ways to ensure that the free flow of travel and
commerce is not diminished by efforts, activities, and programs aimed
at securing the international land and maritime borders of the United
States.
(11) An assessment of additional detention facilities and beds that are
needed to detain unlawful aliens apprehended at United States ports of
entry or along the international land borders of the United States.
(12) A description of the performance metrics to be used to ensure accountability
by the bureaus of the Department in implementing such Strategy.
(13) A schedule for the implementation of the security measures described
in such Strategy, including a prioritization of security measures, realistic
deadlines for addressing the security and enforcement needs, an estimate
of the resources needed to carry out such measures, and a description
of how such resources should be allocated.
(c) Consultation- In developing the National Strategy for Border Security,
the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with responsibility for locations
along the international land and maritime borders of the United States;
and
(2) appropriate private sector entities, nongovernmental organizations,
and affected communities that have expertise in areas related to border
security.
(d) Coordination- The National Strategy for Border Security shall be consistent
with the National Strategy for Maritime Security developed pursuant to Homeland
Security Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress-
(1) STRATEGY- Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to Congress the National Strategy
for Border Security.
(2) UPDATES- The Secretary shall submit to Congress any update of such
Strategy that the Secretary determines is necessary, not later than 30
days after such update is developed.
(f) Immediate Action- Nothing in this section or section 111 may be construed
to relieve the Secretary of the responsibility to take all actions necessary
and appropriate to achieve and maintain operational control over the entire
international land and maritime borders of the United States.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN
SECURITY.
(a) Requirement for Reports- Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in coordination with the Secretary and the heads of other appropriate Federal
agencies, shall submit to Congress a report on improving the exchange of
information related to the security of North America.
(b) Contents- Each report submitted under subsection (a) shall contain a
description of the following:
(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward
the development of common enrollment, security, technical, and biometric
standards for the issuance, authentication, validation, and repudiation
of secure documents, including--
(A) technical and biometric standards based on best practices and consistent
with international standards for the issuance, authentication, validation,
and repudiation of travel documents, including--
(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--
(iii) general screening procedures;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United States to
waive visa requirements for nationals and citizens of the same foreign
countries;
(D) in providing technical assistance for the development and maintenance
of a national database built upon identified best practices for biometrics
associated with immigration violators;
(E) in developing and implementing an immigration security strategy
for North America that works toward the development of a common security
perimeter by enhancing technical assistance for programs and systems
to support advance automated reporting and risk targeting of international
passengers;
(F) in sharing information on lost and stolen passports on a real-time
basis among immigration or law enforcement officials of Canada, Mexico,
and the United States; and
(G) in collecting 10 fingerprints from each individual who applies for
a visa.
(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada
and the United States in implementing parallel entry-exit tracking systems
that, while respecting the privacy laws of both countries, share information
regarding third country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity
of the United States to combat terrorism through the coordination of counterterrorism
efforts, including the progress made--
(A) in developing and implementing bilateral agreements between Canada
and the United States and between Mexico and the United States to govern
the sharing of terrorist watch list data and to comprehensively enumerate
the uses of such data by the governments of each country;
(B) in establishing appropriate linkages among Canada, Mexico, and the
United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment of a multilateral
watch list mechanism that would facilitate direct coordination between
the country that identifies an individual as an individual included
on a watch list, and the country that owns such list, including procedures
that satisfy the security concerns and are consistent with the privacy
and other laws of each participating country.
(6) MONEY LAUNDERING, CURRENCY SMUGGLING, AND ALIEN SMUGGLING- The progress
made in improving information sharing and law enforcement cooperation
in combating organized crime, including the progress made--
(A) in combating currency smuggling, money laundering, alien smuggling,
and trafficking in alcohol, firearms, and explosives;
(B) in implementing the agreement between Canada and the United States
known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a firearms trafficking
action plan between Mexico and the United States;
(D) in developing a joint threat assessment on organized crime between
Canada and the United States;
(E) in determining the feasibility of formulating a joint threat assessment
on organized crime between Mexico and the United States;
(F) in developing mechanisms to exchange information on findings, seizures,
and capture of individuals transporting undeclared currency; and
(G) in developing and implementing a plan to combat the transnational
threat of illegal drug trafficking.
(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement
cooperation among Canada, Mexico, and the United States through enhanced
technical assistance for the development and maintenance of a national
database built upon identified best practices for biometrics associated
with known and suspected criminals or terrorists, including exploring
the formation of law enforcement teams that include personnel from the
United States and Mexico, and appropriate procedures for such teams.
SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance- The Secretary of State, in coordination with the
Secretary, shall work to cooperate with the head of Foreign Affairs Canada
and the appropriate officials of the Government of Mexico to establish a
program--
(1) to assess the specific needs of Guatemala and Belize in maintaining
the security of the international borders of such countries;
(2) to use the assessment made under paragraph (1) to determine the financial
and technical support needed by Guatemala and Belize from Canada, Mexico,
and the United States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize to promote
issuance of secure passports and travel documents by such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel documents;
and
(C) to share relevant information with Mexico, Canada, and the United
States.
(b) Border Security for Belize, Guatemala, and Mexico- The Secretary, in
consultation with the Secretary of State, shall work to cooperate--
(1) with the appropriate officials of the Government of Guatemala and
the Government of Belize to provide law enforcement assistance to Guatemala
and Belize that specifically addresses immigration issues to increase
the ability of the Government of Guatemala to dismantle human smuggling
organizations and gain additional control over the international border
between Guatemala and Belize; and
(2) with the appropriate officials of the Government of Belize, the Government
of Guatemala, the Government of Mexico, and the governments of neighboring
contiguous countries to establish a program to provide needed equipment,
technical assistance, and vehicles to manage, regulate, and patrol the
international borders between Mexico and Guatemala and between Mexico
and Belize.
(c) Tracking Central American Gangs- The Secretary of State, in coordination
with the Secretary and the Director of the Federal Bureau of Investigation,
shall work to cooperate with the appropriate officials of the Government
of Mexico, the Government of Guatemala, the Government of Belize, and the
governments of other Central American countries--
(1) to assess the direct and indirect impact on the United States and
Central America of deporting violent criminal aliens;
(2) to establish a program and database to track individuals involved
in Central American gang activities;
(3) to develop a mechanism that is acceptable to the governments of Belize,
Guatemala, Mexico, the United States, and other appropriate countries
to notify such a government if an individual suspected of gang activity
will be deported to that country prior to the deportation and to provide
support for the reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant information related
to individuals connected with Central American gangs.
(d) Limitations on Assistance- Any funds made available to carry out this
section shall be subject to the limitations contained in section 551 of
the Foreign Operations, Export Financing, and Related Programs Appropriations
Act of 2006 (Public Law 109-102; 119 Stat. 2218).
SEC. 115. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan
to improve coordination between the Bureau of Immigration and Customs Enforcement
and the Bureau of Customs and Border Protection of the Department and any
other Federal, State, local, or tribal authorities, as determined appropriate
by the Secretary, to improve coordination efforts to combat human smuggling.
(b) Content- In developing the plan required by subsection (a), the Secretary
shall consider--
(1) the interoperability of databases utilized to prevent human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks that engage in
such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures that prevent,
detect, and prosecute international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance intelligence
sharing and cooperation with foreign governments whose citizens are preyed
on by human smugglers; and
(6) other measures that the Secretary considers appropriate to combating
human smuggling.
(c) Report- Not later than 1 year after implementing the plan described
in subsection (a), the Secretary shall submit to Congress a report on such
plan, including any recommendations for legislative action to improve efforts
to combating human smuggling.
(d) Savings Provision- Nothing in this section may be construed to provide
additional authority to any State or local entity to enforce Federal immigration
laws.
SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics- The Commissioner of the Bureau of Customs
and Border Protection shall collect statistics relating to deaths occurring
at the border between the United States and Mexico, including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report- Not later than 1 year after the date of enactment of this Act,
and annually thereafter, the Commissioner of the Bureau of Customs and Border
Protection shall submit to the Secretary a report that--
(1) analyzes trends with respect to the statistics collected under subsection
(a) during the preceding year; and
(2) recommends actions to reduce the deaths described in subsection (a).
SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security- The Secretary of State, in cooperation
with the Secretary and representatives of Federal, State, and local law
enforcement agencies that are involved in border security and immigration
enforcement efforts, shall work with the appropriate officials from the
Government of Mexico to improve coordination between the United States and
Mexico regarding--
(1) improved border security along the international border between the
United States and Mexico;
(2) the reduction of human trafficking and smuggling between the United
States and Mexico;
(3) the reduction of drug trafficking and smuggling between the United
States and Mexico;
(4) the reduction of gang membership in the United States and Mexico;
(5) the reduction of violence against women in the United States and Mexico;
and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws- The Secretary of
State, in cooperation with other appropriate Federal officials, shall work
with the appropriate officials from the Government of Mexico to carry out
activities to educate citizens and nationals of Mexico regarding eligibility
for status as a nonimmigrant under Federal law to ensure that the citizens
and nationals are not exploited while working in the United States.
(c) Cooperation Regarding Circular Migration- The Secretary of State, in
cooperation with the Secretary of Labor and other appropriate Federal officials,
shall work with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico to encourage
circular migration, including assisting in the development of economic opportunities
and providing job training for citizens and nationals in Mexico.
(d) Consultation Requirement- Federal, State, and local representatives
in the United States shall consult with their counterparts in Mexico concerning
the construction of additional fencing and related border security structures
along the international border between the United States and Mexico, as
authorized by this title, before the commencement of any such construction
in order to--
(1) solicit the views of affected communities;
(3) foster greater understanding and stronger cooperation on this and
other important security issues of mutual concern.
(e) Annual Report- Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Secretary of State shall submit to
Congress a report on the actions taken by the United States and Mexico under
this section.
Subtitle C--Other Border Security Initiatives
SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2008, the Secretary shall--
(1) in consultation with the Attorney General, enhance connectivity between
the Automated Biometric Fingerprint Identification System (IDENT) of the
Department and the Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation to ensure more expeditious
data searches; and
(2) in consultation with the Secretary of State, collect all fingerprints
from each alien required to provide fingerprints during the alien's initial
enrollment in the integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1365a).
SEC. 122. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and implement
a plan to improve the use of satellite communications and other technologies
to ensure clear and secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations between ports
of entry;
(2) between Border Patrol agents and their respective Border Patrol stations;
(3) between Border Patrol agents and residents in remote areas along the
international land borders of the United States; and
(4) between all appropriate border security agencies of the Department
and State, local, and tribal law enforcement agencies.
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United States shall conduct
a review of the basic training provided to Border Patrol agents by the Secretary
to ensure that such training is provided as efficiently and cost-effectively
as possible.
(b) Components of Review- The review under subsection (a) shall include
the following components:
(1) An evaluation of the length and content of the basic training curriculum
provided to new Border Patrol agents by the Federal Law Enforcement Training
Center, including a description of how such curriculum has changed since
September 11, 2001, and an evaluation of language and cultural diversity
training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred by the Bureau
of Customs and Border Protection and the Federal Law Enforcement Training
Center to train 1 new Border Patrol agent.
(3) A comparison, based on the review and breakdown under paragraph (2),
of the costs, effectiveness, scope, and quality, including geographic
characteristics, with other similar training programs provided by State
and local agencies, nonprofit organizations, universities, and the private
sector.
(4) An evaluation of whether utilizing comparable non-Federal training
programs, proficiency testing, and long-distance learning programs may
affect--
(A) the cost-effectiveness of increasing the number of Border Patrol
agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to fulfill the mission
and duties of a Border Patrol agent.
SEC. 124. US-VISIT SYSTEM.
Not later than 6 months after the date of the enactment of this Act, the
Secretary, in consultation with the heads of other appropriate Federal agencies,
shall submit to Congress a schedule for--
(1) equipping all land border ports of entry of the United States with
the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT)
system implemented under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the exit component
of the US-VISIT system; and
(3) making interoperable all immigration screening systems operated by
the Secretary.
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary
shall provide all Customs and Border Protection officers with training in
identifying and detecting fraudulent travel documents. Such training shall
be developed in consultation with the head of the Forensic Document Laboratory
of the Bureau of Immigration and Customs Enforcement.
(b) Forensic Document Laboratory- The Secretary shall provide all Customs
and Border Protection officers with access to the Forensic Document Laboratory.
(1) REQUIREMENT FOR ASSESSMENT- The Inspector General of the Department
shall conduct an independent assessment of the accuracy and reliability
of the Forensic Document Laboratory.
(2) REPORT TO CONGRESS- Not later than 6 months after the date of the
enactment of this Act, the Inspector General shall submit to Congress
the findings of the assessment required by paragraph (1).
(d) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of fiscal years
2008 through 2012 to carry out this section.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(a) In General- Section 303 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1732) is amended--
(1) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security';
(2) in the heading, by striking `entry and exit documents' and inserting
`travel and entry documents and evidence of status';
(3) in subsection (b)(1)--
(A) by striking `Not later than October 26, 2004, the' and inserting
`The'; and
(B) by striking `visas and' both places it appears and inserting `visas,
evidence of status, and';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
`(d) Other Documents- Not later than October 26, 2008, every document, other
than an interim document, issued by the Secretary of Homeland Security,
which may be used as evidence of an alien's status as an immigrant, nonimmigrant,
parolee, asylee, or refugee, shall be machine-readable and tamper-resistant,
and shall incorporate a biometric identifier to allow the Secretary of Homeland
Security to verify electronically the identity and status of the alien.'.
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(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'.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United States-
Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph (1), to the
end; and
(3) by inserting after subsection (b) the following:
`(c) The Secretary of Homeland Security is authorized to require aliens
departing the United States to provide biometric data and other information
relating to their immigration status.'.
(b) Inspection of Applicants for Admission- Section 235(d) (8 U.S.C. 1225(d))
is amended by adding at the end the following:
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under
subsection (b), immigration officers are authorized to collect biometric
data from--
`(A) any applicant for admission or alien seeking to transit through
the United States; or
`(B) any lawful permanent resident who is entering the United States
and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).'.
(c) Collection of Biometric Data From Alien Crewmen- Section 252 (8 U.S.C.
1282) is amended by adding at the end the following:
`(d) An immigration officer is authorized to collect biometric data from
an alien crewman seeking permission to land temporarily in the United States.'.
(d) Grounds of Inadmissibility- Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the following:
`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who knowingly fails to
comply with a lawful request for biometric data under section 215(c)
or 235(d) is inadmissible.'; and
(2) in subsection (d), by inserting after paragraph (1) the following:
`(2) The Secretary of Homeland Security shall determine whether a ground
for inadmissibility exists with respect to an alien described in subparagraph
(C) of subsection (a)(7) and may waive the application of such subparagraph
for an individual alien or a class of aliens, at the discretion of the
Secretary.'.
(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act
of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
`(3) IMPLEMENTATION- In fully implementing the automated biometric entry
and exit data system under this section, the Secretary is not required
to comply with the requirements of chapter 5 of title 5, United States
Code (commonly referred to as the Administrative Procedure Act) or any
other law relating to rulemaking, information collection, or publication
in the Federal Register.'; and
(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
2008 and 2009 to implement the automated biometric entry and exit data
system at all land border ports of entry.'.
SEC. 129. BORDER STUDY.
(a) Southern Border Study- The Secretary, in consultation with the Attorney
General, the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, shall conduct a study on the construction
of a system of physical barriers along the southern international land and
maritime border of the United States. The study shall include--
(1) an assessment of the necessity of constructing such a system, including
the identification of areas of high priority for the construction of such
a system determined after consideration of factors including the amount
of narcotics trafficking and the number of illegal immigrants apprehended
in such areas;
(2) an assessment of the feasibility of constructing such a system;
(3) an assessment of the international, national, and regional environmental
impact of such a system, including the impact on zoning, global climate
change, ozone depletion, biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along such a system;
(5) an assessment of the impact such a system would have on international
trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private property rights
including issues of eminent domain and riparian rights;
(7) an estimate of the costs associated with building a barrier system,
including costs associated with excavation, construction, and maintenance;
(8) an assessment of the effect of such a system on Indian reservations
and units of the National Park System;
(9) an assessment of the necessity of constructing such a system after
the implementation of provisions of this Act relating to guest workers,
visa reform, and interior and worksite enforcement, and the likely effect
of such provisions on undocumented immigration and the flow of illegal
immigrants across the international border of the United States;
(10) an assessment of the impact of such a system on diplomatic relations
between the United States and Mexico, Central America, and South America,
including the likely impact of such a system on existing and potential
areas of bilateral and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the quality of life
within border communities in the United States and Mexico, including its
impact on noise and light pollution, housing, transportation, security,
and environmental health;
(12) an assessment of the likelihood that such a system would lead to
increased violations of the human rights, health, safety, or civil rights
of individuals in the region near the southern international border of
the United States, regardless of the immigration status of such individuals;
(13) an assessment of the effect such a system would have on violence
near the southern international border of the United States; and
(14) an assessment of the effect of such a system on the vulnerability
of the United States to infiltration by terrorists or other agents intending
to inflict direct harm on the United States.
(b) Report- Not later than 9 months after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the study described
in subsection (a).
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department shall review each
contract action relating to the Secure Border Initiative having a value
of more than $20,000,000, to determine whether each such action fully complies
with applicable cost requirements, performance objectives, program milestones,
inclusion of small, minority, and women-owned business, and time lines.
The Inspector General shall complete a review under this subsection with
respect to each contract action--
(1) not later than 60 days after the date of the initiation of the action;
and
(2) upon the conclusion of the performance of the contract.
(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--
(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 that 30 days after receiving
information regarding a proposed purchase of a contract to manage the operations
of a United States port by a foreign entity, the Committee on Foreign Investment
in the United States shall submit a report to Congress that describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase; and
(3) the manner in which such security concerns have been addressed.
(e) Authorization of Appropriations- In addition to amounts that are otherwise
authorized to be appropriated to the Office of the Inspector General of
the Department, there are authorized to be appropriated to the Office, to
enable the Office to carry out this section--
(1) for fiscal year 2008, not less than 5 percent of the overall budget
of the Office for such fiscal year;
(2) for fiscal year 2009, not less than 6 percent of the overall budget
of the Office for such fiscal year; and
(3) for fiscal year 2010, not less than 7 percent of the overall budget
of the Office for such fiscal year.
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS
OF ENTRY.
(a) In General- Beginning on October 1, 2008, an alien (other than a national
of Mexico) who is attempting to illegally enter the United States and who
is apprehended at a United States port of entry or along the international
land and maritime border of the United States shall be detained until removed
or a final decision granting admission has been determined, unless the alien--
(1) is permitted to withdraw an application for admission under section
235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4))
and immediately departs from the United States pursuant to such section;
or
(2) is paroled into the United States by the Secretary for urgent humanitarian
reasons or significant public benefit in accordance with section 212(d)(5)(A)
of such Act (8 U.S.C. 1182(d)(5)(A)).
(b) Requirements During Interim Period- Beginning 60 days after the date
of the enactment of this Act and before October 1, 2008, an alien described
in subsection (a) may be released with a notice to appear only if--
(1) the Secretary determines, after conducting all appropriate background
and security checks on the alien, that the alien does not pose a national
security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction-
(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as
limiting the right of an alien to apply for asylum or for relief or deferral
of removal based on a fear of persecution.
(2) TREATMENT OF CERTAIN ALIENS- The mandatory detention requirement in
subsection (a) does not apply to any alien who is a native or citizen
of a country in the Western Hemisphere with whose government the United
States does not have full diplomatic relations.
(3) DISCRETION- Nothing in this section shall be construed as limiting
the authority of the Secretary, in the Secretary's sole unreviewable discretion,
to determine whether an alien described in clause (ii) of section 235(b)(1)(B)
of the Immigration and Nationality Act shall be detained or released after
a finding of a credible fear of persecution (as defined in clause (v)
of such section).
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY,
OR CLEARANCE REQUIREMENTS.
(a) In General- Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 556. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements
`(a) Prohibition- A person shall be punished as described in subsection
(b) if such person attempts to elude or eludes customs, immigration, or
agriculture inspection or fails to stop at the command of an officer or
employee of the United States charged with enforcing the immigration, customs,
or other laws of the United States at a port of entry or customs or immigration
checkpoint.
`(b) Penalties- A person who commits an offense described in subsection
(a) shall be--
`(1) fined under this title;
`(2)(A) imprisoned for not more than 3 years, or both;
`(B) imprisoned for not more than 10 years, or both, if in commission
of this violation, attempts to inflict or inflicts bodily injury (as defined
in section 1365(g) of this title); or
`(C) imprisoned for any term of years or for life, or both, if death results,
and may be sentenced to death; or
`(3) both fined and imprisoned under this subsection.
`(c) Conspiracy- If 2 or more persons conspire to commit an offense described
in subsection (a), and 1 or more of such persons do any act to effect the
object of the conspiracy, each shall be punishable as a principal, except
that the sentence of death may not be imposed.
`(d) Prima Facie Evidence- For the purposes of seizure and forfeiture under
applicable law, in the case of use of a vehicle or other conveyance in the
commission of this offense, or in the case of disregarding or disobeying
the lawful authority or command of any officer or employee of the United
States under section 111(b) of this title, such conduct shall constitute
prima facie evidence of smuggling aliens or merchandise.'.
(b) Conforming Amendment- The table of sections for chapter 27 of title
18, United States Code, is amended by inserting at the end:
`556. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements.'.
(c) Failure To Obey Border Enforcement Officers- Section 111 of title 18,
United States Code, is amended by inserting after subsection (b) the following:
`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever
willfully disregards or disobeys the lawful authority or command of any
officer or employee of the United States charged with enforcing the immigration,
customs, or other laws of the United States while engaged in, or on account
of, the performance of official duties shall be fined under this title or
imprisoned for not more than 5 years, or both.'.
(d) Technical Amendments-
(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended
by redesignating the section 554 added by section 551(a) of the Department
of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1389) (relating to border tunnels and passages) as section 555.
(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18,
United States Code, is amended--
(A) by striking the following:
`554. Border tunnels and passages.';
(B) inserting the following:
`555. Border tunnels and passages.'.
(3) CRIMINAL FORFEITURE- Section 982(a)(6) of title 18, United States
Code, is amended by striking `554' and inserting `555'.
(4) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION- Section 551(d)
of the Department of Homeland Security Appropriations Act, 2007 (Public
Law 109-295; 120 Stat. 1390) is amended in paragraphs (1) and (2)(A) by
striking `554' and inserting `555'.
SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND
BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance-
(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor
of a State may order any units or personnel of the National Guard of such
State to perform annual training duty under section 502(a) of title 32,
United States Code, to carry out in any State along the southern land
border of the United States the activities authorized in subsection (b),
for the purpose of securing such border. Such duty shall not exceed 21
days in any year.
(2) SUPPORT- With the approval of the Secretary of Defense, the Governor
of a State may order any units or personnel of the National Guard of such
State to perform duty under section 502(f) of title 32, United States
Code, to provide command, control, and continuity of support for units
or personnel performing annual training duty under paragraph (1).
(b) Authorized Activities- The activities authorized by this subsection
are any of the following:
(1) Ground reconnaissance activities;
(2) Airborne reconnaissance activities;
(4) Provision of translation services and training;
(5) Administrative support services;
(6) Technical training services;
(7) Emergency medical assistance and services;
(8) Communications services;
(9) Rescue of aliens in peril;
(10) Construction of roadways, patrol roads, fences, barriers, and other
facilities to secure the southern land border of the United States; and
(11) Ground and air transportation.
(c) Cooperative Agreements- Units and personnel of the National Guard of
a State may perform activities in another State under subsection (a) only
pursuant to the terms of an emergency management assistance compact or other
cooperative arrangement entered into between Governors of such States for
purposes of this section, and only with the approval of the Secretary of
Defense.
(d) Coordination of Assistance- The Secretary of Homeland Security shall,
in consultation with the Secretary of Defense and the Governors of the States
concerned, coordinate the performance of activities under this section by
units and personnel of the National Guard.
(e) Annual Training- Annual training duty performed by members of the National
Guard under subsection (a) shall be appropriate for the units and individual
members concerned, taking into account the types of units and military occupational
specialties of individual members performing such duty.
(f) Definitions- In this section:
(1) The term `Governor of a State' means, in the case of the District
of Columbia, the Commanding General of the National Guard of the District
of Columbia.
(2) The term `State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) The term `State along the southern border of the United States' means
each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(g) Duration of Authority- The authority of this section shall expire on
January 1, 2009.
(h) Prohibition on Direct Participation in Law Enforcement- Activities carried
out under the authority of this section shall not include the direct participation
of a member of the National Guard in a search, seizure, arrest, or similar
activity.
SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES TO SERVE IN 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 of Homeland Security and the Secretary of Defense
shall jointly submit to the appropriate committees of Congress a report
assessing the desirability and feasibility of offering incentives to covered
members and former members of the Armed Forces for the purpose of encouraging
such members to serve in the Bureau of Customs and Border Protection.
(b) Covered Members and Former Members of the Armed Forces- For purposes
of this section, covered members and former members of the Armed Forces
are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within two years of separation
from service in the Armed Forces.
(c) Requirements and Limitations-
(1) NATURE OF INCENTIVES- In considering incentives for purposes of the
report required by subsection (a), the Secretaries shall consider such
incentives, whether monetary or otherwise and whether or not authorized
by current law or regulations, as the Secretaries jointly consider appropriate.
(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of
the report, the Secretaries shall give particular attention to the utility
of such incentive in--
(A) encouraging service in the Bureau of Customs and Border Protection
after service in the Armed Forces by covered members and former of the
Armed Forces who have provided border patrol or border security assistance
to the Bureau as part of their duties as members of the Armed Forces;
and
(B) leveraging military training and experience by accelerating training,
or allowing credit to be applied to related areas of training, required
for service with the Bureau of Customs and Border Protection.
(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries
shall assume that any costs of such incentives shall be borne by the Department
of Homeland Security.
(d) Elements- The report required by subsection (a) shall include the following:
(1) A description of various monetary and non-monetary incentives considered
for purposes of the report.
(2) An assessment of the desirability and feasibility of utilizing any
such incentive for the purpose specified in subsection (a), including
an assessment of the particular utility of such incentive in encouraging
service in the Bureau of Customs and Border Protection after service in
the Armed Forces by covered members and former members of the Armed Forces
described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider appropriate.
(e) Appropriate Committees of Congress Defined- In this section, the term
`appropriate committees of Congress' means--
(1) the Committees on Armed Services, Homeland Security and Governmental
Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security, and Appropriations
of the House of Representatives.
SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.
(a) Findings- Congress makes the following findings:
(1) United States citizens make approximately 130,000,000 land border
crossings each year between the United States and Canada and the United
States and Mexico, with approximately 23,000,000 individual United States
citizens crossing the border annually.
(2) Approximately 27 percent of United States citizens possess United
States passports.
(3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000
passports, representing an increase of 15 percent from fiscal year 2004.
(4) The Secretary of State estimates that 13,000,000 passports will be
issued in fiscal year 2006, 16,000,000 passports will be issued in fiscal
year 2007, and 17,000,000 passports will be issued in fiscal year 2008.
(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline-
Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking
`January 1, 2008' and inserting `the later of June 1, 2009, or 3 months
after the Secretary of State and the Secretary of Homeland Security make
the certification required in subsection (i) of section 135 of the Border
Security and Immigration Reform Act of 2007.'.
(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States
citizens to Canada, Mexico, the countries located in the Caribbean, and
Bermuda, the Secretary of State, in consultation with the Secretary, is
authorized to develop a travel document known as a Passport Card.
(2) ISSUANCE- In accordance with the Western Hemisphere Travel Initiative
carried out pursuant to section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary
of State, in consultation with the Secretary, shall be authorized to issue
to a citizen of the United States who submits an application in accordance
with paragraph (5) a travel document that will serve as a Passport Card.
(3) APPLICABILITY- A Passport Card shall be deemed to be a United States
passport for the purpose of United States laws and regulations relating
to United States passports.
(4) VALIDITY- A Passport Card shall be valid for the same period as a
United States passport.
(5) LIMITATION ON USE- A Passport Card may only be used for the purpose
of international travel by United States citizens through land and sea
ports of entry between--
(A) the United States and Canada;
(B) the United States and Mexico; and
(C) the United States and a country located in the Caribbean or Bermuda.
(6) APPLICATION FOR ISSUANCE- To be issued a Passport Card, a United States
citizen shall submit an application to the Secretary of State. The Secretary
of State shall require that such application shall contain the same information
as is required to determine citizenship, identity, and eligibility for
issuance of a United States passport.
(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable,
a Passport Card shall be designed and produced to provide a platform
on which the expedited traveler programs carried out by the Secretary,
such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be
added. The Secretary of State and the Secretary shall notify Congress
not later than July 1, 2008, if the technology to add expedited travel
features to the Passport Card is not developed by that date.
(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish
a technology implementation plan that accommodates desired technology
requirements of the Department of State and the Department, allows for
future technological innovations, and ensures maximum facilitation at
the northern and southern borders.
(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable
and durable. The Secretary of State and the Secretary shall consult regarding
the other technical specifications of the Card, including whether the
security features of the Card could be combined with other existing identity
documentation.
(A) IN GENERAL- An applicant for a Passport Card shall submit an application
under paragraph (6) together with a nonrefundable fee in an amount to
be determined by the Secretary of State. Passport Card fees shall be
deposited as an offsetting collection to the appropriate Department
of State appropriation, to remain available until expended.
(i) IN GENERAL- The Secretary of State shall seek to make the application
fee under this paragraph as low as possible.
(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause
(iii), the application fee may not exceed $24.
(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not
more than $34 if the Secretary of State, the Secretary, and the Postmaster
General--
(I) jointly certify to Congress that the cost to produce and issue
a Passport Card significantly exceeds $24; and
(II) provide a detailed cost analysis for such fee.
(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for
a Passport Card for an individual who submits an application for a Passport
Card together with an application for a United States passport.
(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the
fee for a Passport Card for a child under 18 years of age.
(E) AUDIT- In the event that the fee for a Passport Card exceeds $24,
the Comptroller General of the United States shall conduct an audit
to determine whether Passport Cards are issued at the lowest possible
cost.
(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable,
an application for a Passport Card shall be accepted in the same manner
and at the same locations as an application for a United States passport.
(11) RULE OF CONSTRUCTION- Nothing in this section shall be construed
as limiting, altering, modifying, or otherwise affecting the validity
of a United States passport. A United States citizen may possess a United
States passport and a Passport Card.
(d) State Enrollment Demonstration Program-
(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary
of State and the Secretary shall enter into a memorandum of understanding
with 1 or more appropriate States to carry out at least 1 demonstration
program as follows:
(A) A State may include an individual's United States citizenship status
on a driver's license which meets the requirements of section 202 of
the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
30301 note).
(B) The Secretary of State shall develop a mechanism to communicate
with a participating State to verify the United States citizenship status
of an applicant who voluntarily seeks to have the applicant's United
States citizenship status included on a driver's license.
(C) All information collected about the individual shall be managed
exclusively in the same manner as information collected through a passport
application and no further distribution of such information shall be
permitted.
(D) A State may not require an individual to include the individual's
citizenship status on a driver's license.
(E) Notwithstanding any other provision of law, a driver's license which
meets the requirements of this paragraph shall be deemed to be sufficient
documentation to permit the bearer to enter the United States from Canada
or Mexico through not less than at least 1 designated international
border crossing in each State participating in the demonstration program.
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect
of creating a national identity card.
(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may
expand the demonstration program under this subsection so that such program
is carried out in additional States, through additional ports of entry,
for additional foreign countries, and in a manner that permits the use
of additional types of identification documents to prove identity under
the program.
(4) STUDY- Not later than 6 months after the date that the demonstration
program under this subsection is carried out, the Comptroller General
of the United States shall conduct a study of--
(A) the cost of the production and issuance of documents that meet the
requirements of the program compared with other travel documents;
(B) the impact of the program on the flow of cross-border traffic and
the economic impact of the program; and
(C) the security of travel documents that meet the requirements of the
program compared with other travel documents.
(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law,
if the Secretary of State and the Secretary certify that certain identity
documents issued by Canada (or any of its provinces) meet security and
citizenship standards comparable to the requirements described in paragraph
(1), the Secretary may determine that such documents are sufficient to
permit entry into the United States. The Secretary shall work, to the
maximum extent possible, to ensure that identification documents issued
by Canada that are used as described in this paragraph contain the same
technology as identification documents issued by the United States (or
any State).
(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary
shall seek to conduct pilot programs related to Passport Cards and the
State Enrollment Demonstration Program described in this subsection on
the international border between the United States and Canada and the
international border between the United States and Mexico.
(e) Expedited Processing for Repeat Travelers-
(1) LAND CROSSINGS- To the maximum extent practicable at the United States
border with Canada and the United States border with Mexico, the Secretary
shall expand expedited traveler programs carried out by the Secretary
to all ports of entry and should encourage citizens of the United States
to participate in the preenrollment programs, as such programs assist
border control officers of the United States in the fight a
