SEC. 122. REPORT ON DEATHS AT THE UNITED STATES- 
MEXICO BORDER. 
(a) COLLECTION
OF STATISTICS.—The Commis-
sioner of the United States Customs and Border Protec-
tion shall collect statistics relating to deaths occurring at 
the border between the United States and Mexico, includ-
ing— 
(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 United States Customs and Border Pro-
tection 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. 123. COOPERATION WITH THE GOVERNMENT OF MEX-
ICO. 
(a) COOPERATION
REGARDING
BORDER
SECU-
RITY.—The Secretary of State, in cooperation with the 
Secretary and representatives of Federal, State, and local 
law enforcement agencies that are involved in border secu-
rity and immigration enforcement efforts, shall work with 
the appropriate officials from the Government of Mexico 
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to improve coordination between the United States and 
Mexico regarding— 
(1) improved border security along the inter-
national border between the United States and Mex-
ico; 
(2) the reduction of human trafficking and 
smuggling between the United States and Mexico; 
(3) the reduction of drug trafficking and smug-
gling 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 IMMI-
GRATION 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 non-
immigrant under Federal law to ensure that the citizens 
and nationals are not exploited while working in the 
United States. 
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(c) COOPERATION REGARDING CIRCULAR MIGRA-
TION.—The Secretary of State, in cooperation with the 
Secretary of Labor and other appropriate Federal offi-
cials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between 
the United States and Mexico to encourage circular migra-
tion, 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 work 
to cooperate with their counterparts in Mexico concerning 
border security structures along the international border 
between the United States and Mexico, as authorized by 
this title, in order to— 
(1) solicit the views of affected communities; 
(2) lessen tensions; and 
(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. 
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SEC. 124. TEMPORARY NATIONAL GUARD SUPPORT FOR SE-
CURING 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 bor-
der of the United States the activities authorized in 
subsection (b), for the purpose of securing such bor-
der. Such duty shall not exceed 21 days in any year. 
(2) SUPPORT.—With the approval of the Sec-
retary 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 per-
sonnel performing annual training duty under para-
graph (1). 
(b) AUTHORIZED ACTIVITIES.—The activities author-
ized by this subsection are any of the following: 
(1) Ground reconnaissance activities. 
(2) Airborne reconnaissance activities. 
(3) Logistical support. 
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(4) Provision of translation services and train-
ing. 
(5) Administrative support services. 
(6) Technical training services. 
(7) Emergency medical assistance and services. 
(8) Communications services. 
(9) Rescue of aliens in peril. 
(10) Construction of roadways, patrol roads, 
fences, barriers, and other facilities to secure the 
southern land border of the United States. 
(11) Ground and air transportation. 
(c) COOPERATIVE AGREEMENTS.—Units and per-
sonnel of the National Guard of a State may perform ac-
tivities in another State under subsection (a) only pursu-
ant to the terms of an emergency management assistance 
compact or other cooperative arrangement entered into be-
tween Governors of such States for purposes of this sec-
tion, and only with the approval of the Secretary of De-
fense. 
(d) COORDINATION OF ASSISTANCE.—The Secretary 
of Homeland Security shall, in consultation with the Sec-
retary of Defense and the Governors of the States con-
cerned, coordinate the performance of activities under this 
section by units and personnel of the National Guard. 
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(e) ANNUAL TRAINING.—Annual training duty per-
formed by members of the National Guard under sub-
section (a) shall be appropriate for the units and indi-
vidual 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 Com-
manding General of the National Guard of the Dis-
trict 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. 
(D) The State of Texas. 
(g) DURATION OF AUTHORITY.—The authority of 
this section shall expire on January 1, 2009. 
(h) PROHIBITION ON DIRECT PARTICIPATION IN LAW 
ENFORCEMENT.—Activities carried out under the author-
ity of this section shall not include the direct participation 
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of a member of the National Guard in a search, seizure, 
arrest, or similar activity. 
SEC. 125. UNITED STATES-MEXICO BORDER ENFORCEMENT 
REVIEW COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established an inde-
pendent commission to be known as the United 
States-Mexico Border Enforcement Review Commis-
sion (referred to in this section as the ‘‘Commis-
sion’’). 
(2) PURPOSES.—The purposes of the Commis-
sion are— 
(A) to study the overall enforcement and 
detention strategies, programs and policies of 
Federal agencies along the United States-Mex-
ico border; and 
(B) to make recommendations to the 
President and Congress with respect to such 
strategies, programs and policies. 
(3) MEMBERSHIP.—The Commission shall be 
composed of 16 voting members, who shall be ap-
pointed as follows: 
(A) The Governors of the States of Cali-
fornia, New Mexico, Arizona, and Texas shall 
each appoint 4 voting members of whom— 
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(i) 1 shall be a local elected official 
from the State’s border region; 
(ii) 1 shall be a local law enforcement 
official from the State’s border region; and 
(iii) 2 shall be from the State’s com-
munities of academia, religious leaders, 
civic leaders or community leaders. 
(B) 2 nonvoting members, of whom— 
(i) 1 shall be appointed by the Sec-
retary; and 
(ii) 1 shall be appointed by the Attor-
ney General. 
(4) QUALIFICATIONS.— 
(A) IN GENERAL.—Members of the Com-
mission shall be— 
(i) individuals with expertise in migra-
tion, border enforcement and protection, 
civil and human rights, community rela-
tions, cross-border trade and commerce or 
other pertinent qualifications or experience; 
and 
(ii) representative of a broad cross 
section of perspectives from the region 
along the international border between the 
United States and Mexico; 
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(B) POLITICAL
AFFILIATION.—Not more 
than 2 members of the Commission appointed 
by each Governor under paragraph (3)(A) may 
be members of the same political party. 
(C) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed as a voting member to 
the Commission may not be an officer or em-
ployee of the Federal Government. 
(5) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 6 months after the enactment of this Act. If 
any member of the Commission described in para-
graph (3)(A) is not appointed by such date, the 
Commission shall carry out its duties under this sec-
tion without the participation of such member. 
(6) TERM OF SERVICE.—The term of office for 
members shall be for the life of the Commission, or 
3 years, whichever is sooner. 
(7) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(8) MEETINGS.— 
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(A) INITIAL
MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission as soon as practicable. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the chairman or a majority of its 
members. 
(9) QUORUM.—Nine members of the Commis-
sion shall constitute a quorum. 
(10) CHAIR
AND
VICE
CHAIR.—The voting 
members of the Commission shall elect a Chairman 
and Vice Chairman from among its members. The 
term of office shall be for the life of the Commission. 
(b) DUTIES.—The Commission shall review, examine, 
and make recommendations regarding border enforcement 
policies, strategies, and programs, including recommenda-
tions regarding— 
(1) the protection of human and civil rights of 
community residents and migrants along the inter-
national border between the United States and Mex-
ico; 
(2) the adequacy and effectiveness of human 
and civil rights training of enforcement personnel on 
such border; 
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(3) the adequacy of the complaint process with-
in the agencies and programs of the Department 
that are employed when an individual files a griev-
ance; 
(4) the effect of the operations, technology, and 
enforcement infrastructure along such border on 
the— 
(A) environment; 
(B) cross border traffic and commerce; and 
(C) the quality of life of border commu-
nities; 
(5) State and local law enforcement involvement 
in the enforcement of Federal immigration law; 
(6) the adequacy of detention standards and 
conditions, and the extent to which the standards 
and conditions are enforced; and 
(7) any other matters regarding border enforce-
ment policies, strategies, and programs the Commis-
sion determines appropriate. 
(c) INFORMATION AND ASSISTANCE FROM FEDERAL 
AGENCIES.— 
(1) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may seek directly from any depart-
ment or agency of the United States such informa-
tion, including suggestions, estimates, and statistics, 
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as allowed by law and as the Commission considers 
necessary to carry out the provisions of this section. 
Upon request of the Commission, the head of such 
department or agency shall furnish such information 
to the Commission. 
(2) ASSISTANCE FROM FEDERAL AGENCIES.— 
The Administrator of General Services shall, on a 
reimbursable basis, provide the Commission with ad-
ministrative support and other services for the per-
formance of the Commission’s functions. The depart-
ments and agencies of the United States may pro-
vide the Commission with such services, funds, facili-
ties, staff, and other support services as they deter-
mine advisable and as authorized by law. 
(d) COMPENSATION.— 
(1) IN GENERAL.—Members of the Commission 
shall serve without pay. 
(2) REIMBURSEMENT OF EXPENSES.—All mem-
bers of the Commission shall be reimbursed for rea-
sonable travel expenses and subsistence, and other 
reasonable and necessary expenses incurred by them 
in the performance of their duties. 
(e) REPORT.—Not later than 2 years after the date 
of the first meeting called pursuant to (a)(8)(A), the Com-
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mission shall submit a report to the President and Con-
gress that contains— 
(1) findings with respect to the duties of the 
Commission; 
(2) recommendations regarding border enforce-
ment policies, strategies, and programs; 
(3) suggestions for the implementation of the 
Commission’s recommendations; and 
(4) a recommendation as to whether the Com-
mission should continue to exist after the date of 
termination described in subsection (g), and if so, a 
description of the purposes and duties recommended 
to be carried out by the Commission after such date. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(g) SUNSET.—Unless the Commission is re-author-
ized by Congress, the Commission shall terminate on the 
date that is 90 days after the date the Commission sub-
mits the report described in subsection (e). 
Subtitle D—Secure Entry 
Initiatives 
SEC. 131. BIOMETRIC DATA ENHANCEMENTS. 
Not later than December 31, 2008, the Secretary 
shall— 
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(1) in consultation with the Attorney General, 
enhance connectivity between the Automated Bio-
metric Fingerprint Identification System (IDENT) 
of the Department and the Integrated Automated 
Fingerprint Identification System (IAFIS) of the 
Federal Bureau of Investigation to ensure more ex-
peditious 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 enroll-
ment 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. 132. US–VISIT SYSTEM. 
Not later than 6 months after the date of 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 Immi-
grant Status Indicator Technology (US–VISIT) sys-
tem implemented under the authority of section 110 
of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1365a); 
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(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. 133. DOCUMENT FRAUD DETECTION. 
(a) TRAINING.—Subject to the availability of appro-
priations, the Secretary shall provide all officers of the 
United States Customs and Border Protection with train-
ing in identifying and detecting fraudulent travel docu-
ments. Such training shall be developed in consultation 
with the head of the Forensic Document Laboratory of 
United States Immigration and Customs Enforcement. 
(b) FORENSIC DOCUMENT LABORATORY.—The Sec-
retary shall provide all United States Customs and Border 
Protection officers with access to the Forensic Document 
Laboratory. 
(c) ASSESSMENT.— 
(1) REQUIREMENT FOR ASSESSMENT.—The In-
spector General of the Department shall conduct an 
independent assessment of the accuracy and reli-
ability of the Forensic Document Laboratory. 
(2) REPORT TO CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the 
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Inspector General shall submit to Congress the find-
ings 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. 134. IMPROVED DOCUMENT INTEGRITY. 
(a) IN GENERAL.—Section 303 of the Enhanced Bor-
der 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 Se-
curity’’; 
(2) in the heading, by striking ‘‘ENTRY AND 
EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND 
ENTRY
DOCUMENTS
AND
EVIDENCE
OF
STA-
TUS’’; 
(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 sub-
section (e); and 
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(5) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) OTHER DOCUMENTS.—Not later than December 
31, 2008, every document, other than an interim docu-
ment, issued by the Secretary of Homeland Security which 
may be used as evidence of an alien’s authorization to 
travel shall be machine-readable and tamper-resistant, and 
shall incorporate a biometric identifier to allow the Sec-
retary of Homeland Security to verify electronically the 
identity and status of the alien.’’. 
SEC. 135. 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 sub-
section (g); 
(2) by moving subsection (g), as redesignated 
by paragraph (1), to the end; and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) The Secretary of Homeland Security is author-
ized to require aliens departing the United States to pro-
vide biometric data and other information relating to their 
immigration status.’’. 
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(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 bi-
ometric 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 re-
garded as seeking admission pursuant to sec-
tion 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 com-
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ply with a lawful request for biometric data 
under section 215(c) or 235(d) is inadmis-
sible.’’; and 
(2) in subsection (d), by inserting after para-
graph (1) the following: 
‘‘(2) The Secretary of Homeland Security shall 
determine whether a ground for inadmissibility ex-
ists with respect to an alien described in subpara-
graph (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 re-
lating to rulemaking, information collection, or pub-
lication in the Federal Register.’’; and 
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(2) in subsection (l)— 
(A) by striking ‘‘There are authorized’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—There are authorized’’; and 
(B) by adding at the end the following: 
‘‘(2) IMPLEMENTATION AT ALL LAND BORDER 
PORTS OF ENTRY.—There are authorized to be ap-
propriated 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. 136. EVASION OF INSPECTION OR VIOLATION OF AR-
RIVAL, REPORTING, ENTRY, OR CLEARANCE 
REQUIREMENTS. 
(a) IN GENERAL.—Chapter 27 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 556. Evasion of inspection or violation of arrival, 
reporting, entry, or clearance require-
ments 
‘‘(a) PROHIBITION.—A person at a port of entry or 
customs or immigration checkpoint shall be punished as 
described in subsection (b) if such person attempts to 
elude or eludes customs, immigration, or agriculture in-
spection or fails to stop at the command of an officer or 
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