Home > 106th Congressional Bills > H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...
(J) types of violation; and
(K) enforcement actions.
CHAPTER 2--ENHANCING BORDER MONITORING TECHNOLOGY
SEC. 35. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-MEXICO
BORDER.
(a) Plan.--Not later than September 30, 2005, 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--
(1) ensure continuous monitoring of every mile of the U.S.-
Mexico border;
(2) 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.
Additionally, the deployment plan should include, but not be limited
to, the following elements:
(3) A description of the specific technology to be
deployed.
(4) 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.
(5) A description of the technological features of
surveillance systems allowing for compatibility, if
practicable, with existing surveillance technologies.
(6) 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.
(7) A description of how radiation portal monitors will be
deployed to ports of entry along the U.S.-Mexico border, and
other border locations, consistent with section 39.
(8) A description of how K-9 detection units will be
increased along the U.S.-Mexico border, consistent with section
37.
(9) A description of how surveillance technology will
provide for continuous monitoring of the border.
(10) The identification of any obstacles that may impede
full implementation of the deployment plan.
(11) A detailed estimate of all costs associated with the
implementation of the deployment plan.
(b) Deployment.--Not later than September 30, 2006, the Secretary
of Homeland Security shall fully implement the plan described in
subsection (a).
(c) Report.--Not later than September 30, 2005, 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)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2005 and 2006, and such sums as may be necessary for each
succeeding fiscal year.
SEC. 36. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-CANADIAN
BORDER.
Not later than September 30, 2005, the Secretary of Homeland
Security shall develop a plan to install surveillance systems along the
U.S.-Canadian border and provide the appropriate congressional
committees (as defined by section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) with a cost estimate and deployment schedule
designed to implement such plan.
SEC. 37. LEVEL OF K-9 UNITS.
(a) In General.--The Secretary of Homeland Security shall increase
the number of K-9 units working within U.S. Customs and Border
Protection, including adding infrastructure, officers ,and support
staff necessary for each unit, by 20 percent above levels in existence
at the end of fiscal year 2004.
(b) Use of New Units.--The K-9 units added under subsection (a)
shall be distributed proportionately to both the U.S.-Mexico border and
the U.S.-Canadian border, and be used only for bomb, passenger, and
currency detection purposes.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
CHAPTER 3--ENSURING SUFFICIENT WELL-TRAINED PERSONNEL AT OUR BORDERS
SEC. 41. DOUBLE THE NUMBER OF CBP PERSONNEL.
(a) Temporary Increase in Personnel.--Pending congressional
consideration of the study described in section 42, there are
authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary--
(1) to double, as compared to the number of such positions
which existed at the end of fiscal year 2004, the number of
positions for U.S. Customs and Border Protection personnel
(including support personnel) at and between our nation's ports
of entry;
(2) to establish, not later than September 30, 2005, at
least one Border Patrol unit for the Virgin Islands of the
United States; and
(3) to establish facilities in which the additional
personnel described in paragraph (1) may work.
(b) Waiver of Limitation.--The Secretary of Homeland Security is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland Security to
fulfill the requirements of subsection (a).
SEC. 42. ASSESSING STAFFING NEEDS AT OUR BORDERS.
The Secretary of Homeland Security shall contract with an
independent entity to undertake a study to determine the necessary
level and allocation of personnel, including support staff, at United
States ports of entry and border patrol sectors. The study shall take
into account, at a minimum, the overall mission of U.S. Customs and
Border Protection, threat and vulnerability information pertaining to
the nation's borders and ports of entry, the impact of new border
security programs, policies and technologies, and an analysis of
traffic volumes and wait times at ports of entry. The study is to be
provided to the appropriate congressional committees, as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), not
later than 1 year after the date of the enactment of this Act.
SEC. 43. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS.
(a) In General.--The Secretary of Homeland Security shall provide
appropriate training for inspectors, and associated support staff on an
ongoing basis to utilize new technologies and to ensure that the
proficiency levels of such personnel are acceptable to protect the
borders of the United States.
(b) Language Training.--The Secretary of Homeland Security ensure
that inspectors assigned to the southern border are proficient in
Spanish language, and shall provide training to inspectors in Spanish
and other languages determined to be necessary in carrying out anti-
terrorism and law enforcement functions. The Secretary of Homeland
Security shall provide, where necessary, appropriate language training
to inspectors and border patrol agents on the northern border.
(c) Retention and Development of Experts.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of Homeland
Security shall make recommendations to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) on how the current Department of Homeland Security
personnel system should be modified to allow for the retention and
development of immigration and customs experts, to include the creation
of new positions.
SEC. 44. REQUIRING REPORT ON THE ``ONE FACE AT THE BORDER INITIATIVE''.
(a) In General.--Not later than September 30 of each of the
calendar years 2005 and 2006, the Commissioner of Customs shall prepare
and submit to Congress a report--
(1) describing and analyzing the goals, success, and
shortfalls of the One Face at the Border Initiative at
enhancing security and facilitating travel;
(2) providing a breakdown of the number of personnel of
U.S. Customs and Border Protection that were personnel of the
United States Customs Service prior to the establishment of the
Department of Homeland Security, that were personnel of the
Immigration and Naturalization Service prior to the
establishment of the Department of Homeland Security, and that
were hired after the establishment of the Department of
Homeland Security;
(3) 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;
(4) outlining the steps taken by U.S. Customs and Border
Protection to ensure that expertise is retained with respect to
customs, immigration, and agriculture inspection functions
under the One Face at the Border Initiative; and
(5) reviewing whether the missions of customs, agriculture,
and immigration are equally emphasized.
(b) Assessment of Report.--The Comptroller General of the United
States shall the review the reports submitted under subsection (a) and
shall provide an assessment to the appropriate congressional committees
(as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) regarding the effectiveness of the One Face at the Border
Initiative.
CHAPTER 4--ESTABLISHING A COMPREHENSIVE BORDER SECURITY STRATEGY
SEC. 51. LAND BORDER SECURITY STRATEGY.
(a) In General.--The Secretary of Homeland Security, in
consultation with the heads of all other Federal agencies with border-
related functions or with facilities or lands on or along the border,
shall submit to the appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101))
unclassified and classified versions of a unified, comprehensive
strategy to secure the land borders of the United States not later than
6 months after the date of the enactment of this Act. The submission
should include a description of the actions already taken to implement
the strategy.
(b) Contents.--The report shall cover the following areas:
(1) Personnel.
(2) Infrastructure.
(3) Technology.
(4) Coordination of intelligence among agencies.
(5) Legal responsibilities.
(6) Criminal statutes.
(7) Apprehension goals.
(8) Prosecutorial guidelines.
(9) Economic impact.
(10) Flow of commerce.
(c) Consultation.--In creating the strategy described in subsection
(a), the Federal agencies described in such subsection shall consult
private sector organizations and nongovernmental organizations with
national security, privacy, agriculture, immigration, customs,
transportation, technology, legal, and business expertise.
(d) Implementation.--The Secretary shall implement the strategy not
later than 12 months after the date of the enactment of this Act.
(e) Evaluation.--The Comptroller General of the United States shall
track, monitor, and evaluate such strategy to secure our borders to
determine its efficacy.
(f) Report.--Not later than 15 months after the date of the
enactment of this Act, and every year thereafter for the succeeding 5
years, the Comptroller General of the United States shall submit a
report to the Congress on the results of the activities undertaken
under subsection (a) during the previous year. Each such report shall
include an analysis of the degree to which the border security strategy
has been effective in securing our borders. Each such report shall
include a collection and systematic analysis of data, including
workload indicators, related to activities to improve and increase
border security.
SEC. 52. IMPROVED INFORMATION SHARING.
The Secretary of Homeland Security shall, not later than October 1,
2005--
(1) integrate the IDENT and IAFIS databases; and
(2) make interoperable databases used by inspectors in
secondary inspections.
SEC. 53. CREATION OF NORTHERN AND SOUTHERN BORDER COORDINATORS.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 seq.) is amended--
(1) in section 402, by redesignating paragraph (8) as
paragraph (9) and by inserting after paragraph (7) the
following:
``(8) Increasing the security of the United States at the
ports of entry located along the northern and southern borders,
and improving the coordination among the agencies responsible
for maintaining that security.''; and
(2) in subtitle C, by adding at the end the following:
``SEC. 431. BORDER COORDINATORS.
``(a) In General.--There shall be within the Directorate of Border
and Transportation Security the positions of Northern Border
Coordinator and Southern Border Coordinator, who shall be appointed by
the Secretary and who shall report directly to the Under Secretary for
Border and Transportation Security.
``(b) Responsibilities.--The Northern Border Coordinator and the
Southern Border Coordinator shall undertake the following
responsibilities along the northern and southern borders,
respectively--
``(1) serve as the primary official of the Department
responsible for coordinating all Federal security activities
along the border, especially at land border ports of entry;
``(2) provide enhanced communication and data-sharing
between Federal, State, local, and tribal agencies on law
enforcement, emergency response, or security-related
responsibilities for areas on or adjacent to the borders of the
United States with Canada or Mexico;
``(3) work to improve the communications systems within the
Department to facilitate the integration of communications of
matters relating to border security;
``(4) oversee the implementation of the pertinent bilateral
agreement (the United States-Canada `Smart Border' Declaration
applicable to the northern border and the United States-Mexico
Partnership Agreement applicable to the southern border) to
improve border functions, ensure security, and promote trade
and tourism;
``(5) consistent with section 102, assess all land border
ports of entry along the appropriate border and develop a list
of infrastructure and technology improvement projects for
submission to the Secretary based on the ability of a project
to fulfill immediate security requirements and facilitate trade
across the borders of the United States; and
``(6) serve as a liaison to the foreign agencies with
responsibility for the appropriate border with the United
States.''.
(b) Clerical Amendment.--Section 1(b) of such Act is amended in the
table of contents by inserting after the item relating to section 430
the following:
``Sec. 431. Border coordinators.''.
SEC. 54. SMART BORDER ACCORD IMPLEMENTATION.
The President shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) information about the ongoing progress on
implementation of the Smart Border Accords through quarterly updates on
meetings of the Smart Border Working Group.
SEC. 55. SENSE OF CONGRESS ON THE PERIOD OF ADMISSION FOR BORDER
CROSSING CARD HOLDERS.
(a) Sense of Congress.--It is the sense of the Congress that
citizens and nationals of Mexico should be treated with parity in
relation to citizens and nationals of Canada in establishing the
periods of time they are lawfully permitted to remain in the United
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