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, such person 
attempts to inflict or inflicts bodily injury (as de-
fined in section 1365(h) 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 sub-
section. 
‘‘(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, ex-
cept 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 
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of this offense, or in the case of disregarding or disobeying 
the lawful authority or command of any officer or em-
ployee 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 sec-
tions 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 OF-
FICERS.—Section 111 of title 18, United States Code, is 
amended by inserting after subsection (b) the following: 
‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR-
DER ENFORCEMENT OFFICERS.—Whoever willfully dis-
regards 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 per-
formance 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 Depart-
ment of Homeland Security Appropriations Act, 
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2007 (Public Law 109–295; 120 Stat. 1389) (relat-
ing 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.’’; and 
(B) inserting the following: 
‘‘555. Border tunnels and passages.’’. 
(3) 
CRIMINAL
FORFEITURE.—Section 
982(a)(6)(A) of title 18, United States Code, is 
amended by striking ‘‘554’’ and inserting ‘‘555’’. 
(4) DIRECTIVE TO THE UNITED STATES SEN-
TENCING COMMISSION.—Section 551(d) of the De-
partment 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’’. 
Subtitle E—Law Enforcement 
Relief for States 
SEC. 141. BORDER RELIEF GRANT PROGRAM. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary is authorized 
to award grants, subject to the availability of appro-
priations, to an eligible law enforcement agency to 
provide assistance to such agency to address— 
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(A) criminal activity that occurs in the ju-
risdiction of such agency by virtue of such 
agency’s proximity to the United States border; 
and 
(B) the impact of any lack of security 
along the United States border. 
(2) DURATION.—Grants may be awarded under 
this subsection during fiscal years 2008 through 
2012. 
(3) COMPETITIVE BASIS.—The Secretary shall 
award grants under this subsection on a competitive 
basis, except that the Secretary shall give priority to 
applications from any eligible law enforcement agen-
cy serving a community with a population of less 
than 50,000. 
(b) USE OF FUNDS.—Grants awarded pursuant to 
subsection (a) may only be used to provide additional re-
sources for an eligible law enforcement agency to address 
criminal activity occurring along any such border, includ-
ing— 
(1) to obtain equipment; 
(2) to hire additional personnel; 
(3) to upgrade and maintain law enforcement 
technology; 
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(4) to cover operational costs, including over-
time and transportation costs; and 
(5) such other resources as are available to as-
sist that agency. 
(c) APPLICATION.— 
(1) IN GENERAL.—Each eligible law enforce-
ment agency seeking a grant under this section shall 
submit an application to the Secretary at such time, 
in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require. 
(2) CONTENTS.—Each application submitted 
pursuant to paragraph (1) shall— 
(A) describe the activities for which assist-
ance under this section is sought; and 
(B) provide such additional assurances as 
the Secretary determines to be essential to en-
sure compliance with the requirements of this 
section. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 
The term ‘‘eligible law enforcement agency’’ means 
a tribal, State, or local law enforcement agency— 
(A) located in a county that is not more 
than 100 miles from a United States border 
with— 
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(i) Canada; or 
(ii) Mexico; or 
(B) located in a county more than 100 
miles from any such border, but where such 
county has been certified by the Secretary as a 
High Impact Area. 
(2) HIGH IMPACT AREA.—The term ‘‘High Im-
pact Area’’ means any county designated by the Sec-
retary as such, taking into consideration— 
(A) whether local law enforcement agencies 
in that county have the resources to protect the 
lives, property, safety, or welfare of the resi-
dents of that county; 
(B) the relationship between any lack of 
security along the United States border and the 
rise, if any, of criminal activity in that county; 
and 
(C) any other unique challenges that local 
law enforcement face due to a lack of security 
along the United States border. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated $50,000,000 for each of fiscal years 
2008 through 2012 to carry out the provisions of 
this section. 
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(2) DIVISION OF AUTHORIZED FUNDS.—Of the 
amounts authorized under paragraph (1)— 
(A) 2⁄3 shall be set aside for eligible law en-
forcement agencies located in the 6 States with 
the largest number of undocumented alien ap-
prehensions; and 
(B) 1⁄3 shall be set aside for areas des-
ignated as a High Impact Area under sub-
section (d). 
(f) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
priated for grants under this section shall be used to sup-
plement and not supplant other State and local public 
funds obligated for the purposes provided under this title. 
(g) ENFORCEMENT
OF
FEDERAL
IMMIGRATION 
LAW.—Nothing in this section shall be construed to au-
thorize State or local law enforcement agencies or their 
officers to exercise Federal immigration law enforcement 
authority. 
SEC. 142. NORTHERN AND SOUTHERN BORDER PROSECU-
TION INITIATIVE. 
(a) REIMBURSEMENT TO STATE AND LOCAL PROS-
ECUTORS
FOR
PROSECUTING
FEDERALLY
INITIATED 
DRUG CASES.—The Attorney General shall, subject to the 
availability of appropriations, reimburse State and county 
prosecutors located in States along the Northern or South-
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ern border of the United States for prosecuting federally 
initiated and referred drug cases. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $50,000,000 for each 
of the fiscal years 2008 through 2013 to carry out sub-
section (a). 
Subtitle F—Rapid Response 
Measures 
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS. 
(a) EMERGENCY DEPLOYMENT OF BORDER PATROL 
AGENTS.— 
(1) IN GENERAL.—If the Governor of a State 
on an international border of the United States de-
clares an international border security emergency 
and requests additional agents of the Border Patrol 
(referred to in this subtitle as ‘‘agents’’) from the 
Secretary, the Secretary, subject to paragraphs (2) 
and (3), may provide the State with not more than 
1,000 additional agents for the purpose of patrolling 
and defending the international border, in order to 
prevent individuals from crossing the international 
border into the United States at any location other 
than an authorized port of entry. 
(2) CONSULTATION.—Upon receiving a request 
for agents under paragraph (1), the Secretary, after 
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consultation with the President, shall grant such re-
quest to the extent that providing such agents will 
not significantly impair the Department’s ability to 
provide border security for any other State. 
(3) COLLECTIVE BARGAINING.—Emergency de-
ployments under this subsection shall be made in ac-
cordance with all applicable collective bargaining 
agreements and obligations. 
(b) ELIMINATION OF FIXED DEPLOYMENT OF BOR-
DER PATROL AGENTS.—The Secretary shall ensure that 
agents are not precluded from performing patrol duties 
and apprehending violators of law, except in unusual cir-
cumstances if the temporary use of fixed deployment posi-
tions is necessary. 
SEC. 152. BORDER PATROL MAJOR ASSETS. 
(a) CONTROL OF BORDER PATROL ASSETS.—The 
Border Patrol shall have complete and exclusive adminis-
trative and operational control over all the assets utilized 
in carrying out its mission, including aircraft, watercraft, 
vehicles, detention space, transportation, and all of the 
personnel associated with such assets. 
(b) HELICOPTERS AND POWER BOATS.— 
(1) HELICOPTERS.—The Secretary shall in-
crease, by not less than 100, the number of heli-
copters under the control of the Border Patrol. The 
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Secretary shall ensure that appropriate types of heli-
copters are procured for the various missions being 
performed. 
(2) POWER
BOATS.—The Secretary shall in-
crease, by not less than 250, the number of power 
boats under the control of the Border Patrol. The 
Secretary shall ensure that the types of power boats 
that are procured are appropriate for both the wa-
terways in which they are used and the mission re-
quirements. 
(3) USE AND TRAINING.—The Secretary shall— 
(A) establish an overall policy on how the 
helicopters and power boats procured under this 
subsection will be used; and 
(B) implement training programs for the 
agents who use such assets, including safe oper-
ating procedures and rescue operations. 
(c) MOTOR VEHICLES.— 
(1) QUANTITY.—The Secretary shall establish a 
fleet of motor vehicles appropriate for use by the 
Border Patrol that will permit a ratio of not less 
than 1 police-type vehicle for every 3 agents. These 
police-type vehicles shall be replaced not less often 
than once every 3 years. The Secretary shall ensure 
that there are sufficient numbers and types of other 
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motor vehicles to support the mission of the Border 
Patrol. 
(2) FEATURES.—All motor vehicles purchased 
for the Border Patrol shall— 
(A) be appropriate for the mission of the 
Border Patrol; and 
(B) have a panic button and a global posi-
tioning system device that is activated solely in 
emergency situations to track the location of 
agents in distress. 
SEC. 153. ELECTRONIC EQUIPMENT. 
(a) PORTABLE COMPUTERS.—The Secretary shall en-
sure that each police-type motor vehicle in the fleet of the 
Border Patrol is equipped with a portable computer with 
access to all necessary law enforcement databases and oth-
erwise suited to the unique operational requirements of 
the Border Patrol. 
(b) RADIO EQUIPMENT.—The Secretary shall aug-
ment the existing radio communications system so that all 
law enforcement personnel working in each area where 
Border Patrol operations are conducted have clear and 
encrypted 2-way radio communication capabilities at all 
times. Each portable communications device shall be 
equipped with a panic button and a global positioning sys-
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tem device that is activated solely in emergency situations 
to track the location of agents in distress. 
(c) HANDHELD GLOBAL POSITIONING SYSTEM DE-
VICES.—The Secretary shall ensure that each Border Pa-
trol agent is issued a state-of-the-art handheld global posi-
tioning system device for navigational purposes. 
(d) NIGHT VISION EQUIPMENT.—The Secretary shall 
ensure that sufficient quantities of state-of-the-art night 
vision equipment are procured and maintained to enable 
each Border Patrol agent working during the hours of 
darkness to be equipped with a portable night vision de-
vice. 
SEC. 154. PERSONAL EQUIPMENT. 
(a) BORDER ARMOR.—The Secretary shall ensure 
that every agent is issued high-quality body armor that 
is appropriate for the climate and risks faced by the agent. 
Each agent shall be permitted to select from among a vari-
ety of approved brands and styles. Agents shall be strongly 
encouraged, but not required, to wear such body armor 
whenever practicable. All body armor shall be replaced not 
less often than once every 5 years. 
(b) WEAPONS.—The Secretary shall ensure that 
agents are equipped with weapons that are reliable and 
effective to protect themselves, their fellow agents, and in-
nocent third parties from the threats posed by armed 
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criminals. The Secretary shall ensure that the policies of 
the Department authorize all agents to carry weapons that 
are suited to the potential threats that they face. 
(c) UNIFORMS.—The Secretary shall ensure that all 
agents are provided with all necessary uniform items, in-
cluding outerwear suited to the climate, footwear, belts, 
holsters, and personal protective equipment, at no cost to 
such agents. Such items shall be replaced at no cost to 
such agents as such items become worn or unserviceable 
or no longer fit properly. 
SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary for each of the fis-
cal years 2008 through 2012 to carry out this subtitle. 
Subtitle G—Border Infrastructure 
and Technology Modernization 
SEC. 161. DEFINITIONS. 
In this subtitle: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of United States 
Customs and Border Protection. 
(2) NORTHERN BORDER.—The term ‘‘northern 
border’’ means the international border between the 
United States and Canada. 
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(3) SOUTHERN BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
SEC. 162. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 
STUDY. 
(a) REQUIREMENT TO UPDATE.—Not later than 
January 31 of each year, the Administrator of General 
Services shall update the Port of Entry Infrastructure As-
sessment Study prepared by United States Customs and 
Border Protection in accordance with the matter relating 
to the ports of entry infrastructure assessment that is set 
out in the joint explanatory statement in the conference 
report accompanying H.R. 2490 of the 106th Congress, 
1st session (House of Representatives Rep. No. 106–319, 
on page 67) and submit such updated study to Congress. 
(b) CONSULTATION.—In preparing the updated stud-
ies required in subsection (a), the Administrator of Gen-
eral Services shall consult with the Director of the Office 
of Management and Budget, the Secretary, and the Com-
missioner. 
(c) CONTENT.—Each updated study required in sub-
section (a) shall— 
(1) identify port of entry infrastructure and 
technology improvement projects that would enhance 
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border security and facilitate the flow of legitimate 
commerce if implemented; 
(2) include the projects identified in the Na-
tional Land Border Security Plan required by sec-
tion 164; and 
(3) prioritize the projects described in para-
graphs (1) and (2) based on the ability of a project 
to— 
(A) fulfill immediate security requirements; 
and 
(B) facilitate trade across the borders of 
the United States. 
(d) PROJECT IMPLEMENTATION.—The Commissioner 
shall implement the infrastructure and technology im-
provement projects described in subsection (c) in the order 
of priority assigned to each project under paragraph (3) 
of such subsection. 
(e) DIVERGENCE FROM PRIORITIES.—The Commis-
sioner may diverge from the priority order if the Commis-
sioner 
determines 
that 
significantly 
changed 
cir-
cumstances, such as immediate security needs or changes 
in infrastructure in Mexico or Canada, compellingly alter 
the need for a project in the United States. 
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SEC. 163. NATIONAL LAND BORDER SECURITY PLAN. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, an annually thereafter, the 
Secretary, after consultation with representatives of Fed-
eral, State, and local law enforcement agencies and private 
entities that are involved in international trade across the 
northern border or the southern border, shall submit a 
National Land Border Security Plan to Congress. 
(b) VULNERABILITY ASSESSMENT.— 
(1) IN GENERAL.—The plan required in sub-
section (a) shall include a vulnerability assessment 
of each port of entry located on the northern border 
or the southern border. 
(2) PORT SECURITY COORDINATORS.—The Sec-
retary may establish 1 or more port security coordi-
nators at each port of entry located on the northern 
border or the southern border— 
(A) to assist in conducting a vulnerability 
assessment at such port; and 
(B) to provide other assistance with the 
preparation of the plan required in subsection 
(a). 
SEC. 164. EXPANSION OF COMMERCE SECURITY PRO-
GRAMS. 
(a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM.— 
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