(2) 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 under-
taken— 
(A) to prevent the entry of terrorists, un-
lawful aliens, instruments of terrorism, nar-
cotics, and other contraband into the United 
States; and 
(B) to protect critical infrastructure at or 
near such ports of entry or borders. 
(3) 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 ad-
dress security vulnerabilities to include— 
(A) a comprehensive assessment of risks in 
terms of cost, probability, and threats to society 
and risk prevention and response measures cur-
rently taken and potentially taken relative to 
that assessment of risks; 
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(B) prevention efforts and response meas-
ures to address such risks, whether already un-
derway or planned; 
(C) recommendations on realignment of 
programs, locations, and resources to best ad-
dress the comprehensive assessment of risks. 
(4) An assessment of staffing needs for all bor-
der security functions, taking into account threat 
and vulnerability information pertaining to the bor-
ders and the impact of new security programs, poli-
cies, and technologies. 
(5) 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 co-
ordination with such authorities to enable border se-
curity and enforcement activities to be carried out in 
a more efficient and effective manner. 
(6) An assessment of existing programs, activi-
ties and technologies used for border security and 
the effect of the use of such efforts and technologies 
on civil rights, family unity, private property rights, 
privacy rights, and civil liberties, including an as-
sessment of efforts to take into account asylum seek-
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ers, trafficking victims, unaccompanied minor aliens, 
and other vulnerable populations. 
(7) A prioritized list of research and develop-
ment objectives to enhance the security of the inter-
national land and maritime borders of the United 
States. 
(8) A description of ways to ensure that the 
free flow of legitimate travel and commerce is not di-
minished by efforts, activities, and programs aimed 
at securing the international land and maritime bor-
ders of the United States. 
(9) A description of the performance metrics to 
be used to ensure accountability by the bureaus of 
the Department in implementing such Strategy. 
(10) A schedule for the implementation of the 
security measures described in such Strategy, includ-
ing a prioritization of security measures, realistic 
deadlines for addressing the security and enforce-
ment 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— 
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(1) State, local, and tribal authorities with re-
sponsibility for locations along the international land 
and maritime borders of the United States; and 
(2) appropriate private sector entities, non-
governmental organizations, and affected commu-
nities that have expertise in areas related to border 
management. 
(d) COORDINATION.—The National Strategy for Bor-
der 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 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 change of such Strategy that the Sec-
retary determines is necessary, not later than 30 
days after such determination. 
(f) IMMEDIATE ACTION.—Nothing in this section 
may be construed to relieve the Secretary of the responsi-
bility to take all actions necessary and appropriate to 
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maintain and enhance operational control of the inter-
national land and maritime borders of the United States. 
SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER 
PROTECTION OFFICERS. 
(a) CUSTOMS
AND BORDER PROTECTION OFFI-
CERS.—During the 5-year period between fiscal years 
2010 and 2014, the Secretary of Homeland Security shall, 
subject to the availability of appropriations for such pur-
pose, increase by not fewer than 5,000 the total number 
of full-time, active-duty Customs and Border Protection 
Officers within United States Customs and Border Protec-
tion for posting at United States ports of entry above the 
number of such officers for which funds were made avail-
able during fiscal year 2009. 
(b) AGRICULTURE SPECIALISTS.—During the 5-year 
period between fiscal years 2010 and 2014, the Secretary 
of Homeland Security shall, subject to the availability of 
appropriations for such border security purposes, increase 
by not fewer than a total of 1,200 the number of full- 
time Customs and Border Protection agriculture special-
ists for United States ports of entry above the number 
of such support personnel for which funds were made 
available during fiscal year 2009. 
(c) BORDER SECURITY SUPPORT PERSONNEL.— 
During the 5-year period between fiscal years 2010 and 
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2014, the Secretary of Homeland Security shall, subject 
to the availability of appropriations for such purpose, in-
crease by not fewer than a total of 350 the number of 
full-time border security support personnel for United 
States ports of entry above the number of such support 
personnel for which funds were made available during fis-
cal year 2009. 
SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECU-
RITY AND OTHER PURPOSES. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator of the General Services Ad-
ministration $1,000,000,000 for each of fiscal years 2010 
through 2014 to make improvements to existing ports of 
entry in the United States to improve border security and 
for other purposes. 
(b) PRIORITY.—In making improvements described 
in subsection (a), the Administrator of the General Serv-
ices Administration, in coordination with the Commis-
sioner of Customs and Border Protection, shall give pri-
ority to the ports of entry that the Administrator deter-
mines are in most need of repair to improve border secu-
rity and for other purposes in accordance with port of 
entry infrastructure assessment studies required in section 
603 of title VI, division E, of the Consolidated Appropria-
tions Act of 2008 (Public Law 101–161). 
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SEC. 114. INVENTORY OF PERSONNEL. 
(a) INVENTORY.—The Secretary shall identify and 
inventory the current personnel or other human resources 
dedicated to border security and enforcement prior to any 
increase in personnel or other human resources. 
(b) REPORT.—The Secretary shall submit the inven-
tory required in subsection (a) to the following congres-
sional committees, 90 days after the enactment of this 
Act— 
(1) the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate; 
(2) the Committee on Homeland Security and 
the Committee on the Judiciary of the House of 
Representatives; and 
(3) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT. 
(a) ESTABLISHMENT
OF STANDARDS.—Not more 
than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall establish clear 
standards of professional conduct for interaction with the 
public, for all Customs and Border Protection agents, U.S. 
Border Patrol agents, Immigration and Customs Enforce-
ment agents, and Agricultural Inspectors stationed within 
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100 miles of all land and marine borders and at ports of 
entry. 
(b) PURPOSE.—These standards of professional con-
duct will provide agents with a better understanding of 
the prohibitions and limitations pertaining to their con-
duct and activities while representing the Department of 
Homeland Security. These standards are intended to— 
(1) alert agents to some of the more sensitive 
and often problematic matters involved in agent con-
duct; 
(2) specify, where possible, actions and inac-
tions that are contrary to and that conflict with the 
duties and responsibilities of Department of Home-
land security agents; and 
(3) guide agents in conducting themselves in a 
manner that reflects standards of deportment and 
professionalism. 
(c) STANDARDS.—Department of Homeland Security 
agents stationed within 100 miles of all land and marine 
borders and at ports of entry— 
(1) shall not violate any law or any agency pol-
icy, rule, or procedure; 
(2) shall obey all lawful orders; 
(3) shall not engage in any conduct or activities 
on- or off-duty that reflect discredit on the agents, 
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tend to bring the agency into disrepute, or impair its 
efficient and effective operation; 
(4) shall conduct themselves toward the public 
in a civil and professional manner that connotes a 
service orientation and that will foster public respect 
and cooperation; 
(5) shall treat violators, or perceived violators, 
with respect and courtesy, guard against employing 
an officious or overbearing attitude or language that 
may belittle, ridicule, or intimidate the individual, or 
act in a manner that unnecessarily delays the per-
formance of their duty; 
(6) while recognizing the need to demonstrate 
authority and control over suspects and detainees, 
agents shall adhere to this agency’s use-of-force pol-
icy and shall observe the civil rights and protect the 
well-being of those in their charge; and 
(7) shall not use their agency powers to resolve 
personal grievances (e.g., those involving the officer, 
family members, relatives, or friends) with individ-
uals. In cases where there is personal involvement 
with a member of the public that would reasonably 
require law enforcement intervention, agents shall 
summon other on-duty personnel and a supervisor. 
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(d) OVERSIGHT
AND EVALUATION.—The Depart-
ment of Homeland Security shall develop and implement 
a plan that applies the aforementioned standards in officer 
evaluation and supervisor evaluation. This plan shall in-
clude the following provisions to ensure responsibility and 
protect civil rights: 
(1) Adherence to the standards of professional 
conduct shall be a central criterion in the change 
from probationary to journeyman status, as well as 
periodic evaluations and promotions of officers. 
(2) Managers and senior officers will be held re-
sponsible for— 
(A) performance according to these stand-
ards; 
(B) assessments of subordinates according 
to these standards; and 
(C) performance of their subordinates on 
these standards, with meaningful penalties to 
supervisors for failures of subordinates to ad-
here to such standards. 
(3) The Department shall establish strong pen-
alties for failures to follow the standards of profes-
sional conduct that were unaddressed until exposed 
by complaint processes or Inspector General inves-
tigations. However, organizational peers and superi-
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ors who uncover and act on failures or abuses shall 
be exempt from such penalties. 
(4) Agents should not be indemnified when it is 
determined that a violation of civil rights standards 
occurred. 
(e) EXCEPTION.—The standards of conduct set forth 
in this section are not intended to serve as an exhaustive 
treatment of requirements, limitations, or prohibitions on 
agent conduct and activities established by the Secretary 
of Homeland Security. 
(f) NOTICE.—The standards of conduct established 
under this section shall be posted at all ports of entry in 
locations easily viewed by members of the public. 
(g) COMPLAINTS.—Not more than 180 days after en-
actment, the Secretary shall, in consultation with the Of-
fice of Civil Rights and Civil Liberties, establish a uniform 
and standardized process for the public regarding com-
plaints against all Customs and Border Protection agents, 
U.S. Border Patrol agents, and Agricultural Inspectors for 
violations of standards of professional conduct. The com-
plaint process shall— 
(1) quickly review, effectively investigate, mean-
ingfully resolve complaints and identify patterns of 
abuse or malfeasance and be accessible, transparent, 
consistent, effective, and fair; 
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(2) apply uniformly to all Border Patrol Sectors 
and Ports of Entry; 
(3) specify to whom, how, and where complaints 
are to be filed; 
(4) be visible to the public at all ports of entry 
and interior checkpoints, and be accessible in mul-
tiple languages; 
(5) receive staff and funding commensurate 
with the quantity of complaints submitted and with 
the funding disbursed to Department enforcement 
initiatives; 
(6) establish a publicly accessible national, 
standardized database capable of tracking and ana-
lyzing complaints and their resolution; and 
(7) provide publicly accessible records, with cop-
ies of complaints and their resolutions permanently 
preserved and available for inspection, while main-
taining the confidentiality of complainants’ identi-
ties. 
(h) COMPLAINANTS.—The following shall apply to all 
complainants: 
(1) Any interested party may file a complaint 
through the complaint procedure, including a legal 
representative. 
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(2) Complainants shall be protected from retal-
iatory action by law enforcement. 
(3) No officer of the US may use the informa-
tion from a complaint to initiate removal pro-
ceedings or removals against any person filing a 
complaint or identified in the complaint, nor remove 
any individual involved in a complaint while the com-
plaint is pending. 
(4) There shall be no publication of information 
to related to an individual involved in a complaint 
which would result in identification of the individual. 
(5) Complainants shall receive full assistance 
from the Department in filing complaints, including 
language assistance, accommodations for disabilities, 
and accurate and complete responses to their ques-
tions. 
(i) REPORTING.—The Secretary shall report annually 
to the following Congressional Committees on the number 
and type of complaints received in each sector, demo-
graphic of complainants, results of investigations includ-
ing violations of standards and any disciplinary actions 
taken, and identifying any complaint patterns that could 
be prevented or reduced by policy or practice changes— 
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(1) the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate; 
(2) the Committee on Homeland Security and 
the Committee on the Judiciary of the House of 
Representatives; and 
(3) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
SEC. 116. INVENTORY OF ASSETS. 
(a) INVENTORY.—The Secretary shall identify and 
inventory the current assets, equipment, supplies, or other 
physical resources dedicated to border security and en-
forcement prior to any increase in assets, equipment, sup-
plies or other physical resources. 
(b) REPORT.—The Secretary shall submit the inven-
tory required in subsection (a) to the following congres-
sional committees, 90 days from the enactment of this 
Act— 
(1) the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate; 
(2) the Committee on Homeland Security and 
the Committee on the Judiciary of the House of 
Representatives; and 
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(3) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
SEC. 117. CUSTOMS BORDER PATROL AND BORDER PRO-
TECTION ASSETS. 
(a) PERSONAL EQUIPMENT.— 
(1) BODY 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 variety of approved brands and styles. 
Agents shall be strongly encouraged, but not re-
quired, to wear such body armor whenever prac-
ticable. All body armor shall be replaced not less 
often than once every five years. 
(2) WEAPONS.—The Secretary shall ensure 
that agents are equipped with weapons that are reli-
able and effective to protect themselves, their fellow 
agents, and innocent third parties from the threats 
posed by armed criminals. The Secretary shall en-
sure that the policies of the Department authorize 
all agents to carry weapons that are suited to the 
potential threats that they face. 
(3) UNIFORMS.—The Secretary shall ensure 
that all agents are provided with all necessary uni-
form items, including outerwear suited to the cli-
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mate, footwear, belts, holsters, and personal protec-
tive 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 
(b) HELICOPTERS AND POWER BOATS.— 
(1) HELICOPTERS.—The Secretary shall con-
duct a review of asset needs, and if determined to 
be insufficient, shall increase the number of heli-
copters under the control of the Border Patrol. The 
Secretary shall ensure that appropriate types of heli-
copters are procured for the various missions being 
performed. 
(2) POWER BOATS.—The Secretary shall con-
duct a review of asset needs and if determined to be 
insufficient, shall increase 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 
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(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 conduct a 
review of asset needs and if determined to be insuffi-
cient, establish a fleet of motor vehicles appropriate 
for use by the Border Patrol. The Secretary shall 
ensure that there are sufficient numbers and types 
of other 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. 
(d) ELECTRONIC EQUIPMENT.— 
(1) PORTABLE
COMPUTERS.—The Secretary 
shall ensure 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 otherwise suited to the 
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unique operational requirements of the Border Pa-
trol. 
(2) RADIO
EQUIPMENT.—The Secretary shall 
augment the existing radio communications system 
so that all law enforcement personnel working in 
each area where Border Patrol operations are con-
ducted have clear and encrypted 2-way radio com-
munication capabilities at all times. Each portable 
communications device shall be equipped with a 
panic button and a global positioning system device 
that is activated solely in emergency situations to 
track the location of agents in distress. 
(3) HANDHELD GLOBAL POSITIONING SYSTEM 
DEVICES.—The Secretary shall ensure that each 
Border Patrol agent who is determined by the Sec-
retary to need a handheld global positioning device 
to effectively and safely carry out his or her duties 
is issued a state-of-the-art handheld global posi-
tioning system device for navigational purposes. 
(4) NIGHT VISION EQUIPMENT.—The Secretary 
shall ensure that sufficient quantities of state-of-the- 
art night vision equipment are procured and main-
tained to enable each Border Patrol agent working 
during the hours of darkness to be equipped with a 
portable night vision device. 
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(e) APPROPRIATIONS.—There are authorized to be 
appropriated to the Secretary such sums as may be nec-
essary for each of fiscal years 2011 through 2015 to carry 
out this section. 
SEC. 118. TECHNOLOGICAL ASSETS. 
(a) INCREASED AVAILABILITY OF EQUIPMENT.—The 
Secretary and the Secretary of Defense shall analyze use 
of authorities provided to the Secretary of Defense under 
chapter 18 of title 10, United States Code, and whether 
to increase the availability and use of Department of De-
fense equipment, including unmanned aerial vehicles, teth-
ered 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 deter criminal activity and terrorist 
threats. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary and the Secretary 
of Defense shall submit to Congress a report that contains 
(1) an analysis of the current use of Depart-
ment 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 
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policy interests associated with the use of such 
equipment; 
(2) an analysis of projected future use of De-
partment of Defense equipment to assist such sur-
veillance activities, including any increases; 
(3) an analysis of the types of equipment and 
other support to be provided by the Secretary of De-
fense under such plan during the one-year period be-
ginning on the date of the submission of the report; 
(4) an analysis of costs and cost-effectiveness 
related to any increase in the availability and use of 
Department of Defense equipment; and 
(5) an analysis of projected schedules for imple-
mentation. 
(c) 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. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of fiscal years 2011 
through 2015 to carry out this section. 
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SEC. 119. SECURE COMMUNICATION. 
The Secretary shall, as expeditiously as practicable, 
develop and implement a plan to improve the use of sat-
ellite 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 re-
spective 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. 120. SURVEILLANCE PLAN. 
(a) REQUIREMENT FOR PLAN.—The Secretary shall 
develop a comprehensive plan for the systematic surveil-
lance 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 em-
ployed on the international land and maritime bor-
ders of the United States. 
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(2) A description of the compatibility of new 
surveillance technologies with surveillance tech-
nologies in use by the Secretary on the date of en-
actment of this Act. 
(3) A description of how the Commissioner of 
the United States Customs and Border Protection is 
working, or is expected to work, with the Under Sec-
retary for Science and Technology of the Depart-
ment to identify and test surveillance technology. 
(4) A description of the specific surveillance 
technology to be deployed. 
(5) Identification of any obstacles that may im-
pede such deployment. 
(6) A detailed estimate of all costs associated 
with such deployment and with continued mainte-
nance of such technologies. 
(7) A description of how the Secretary is work-
ing with the Administrator of the Federal Aviation 
Administration on safety and airspace control issues 
associated with the use of unmanned aerial vehicles. 
(8) A description of the demonstration program 
to fully integrate and utilize aerial surveillance tech-
nologies developed pursuant to section 121(a). 
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(9) A description of the Integrated and Auto-
mated Surveillance demonstration program estab-
lished pursuant to section 121(b). 
(c) SUBMISSION TO CONGRESS.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall submit to Congress the plan required by this section. 
SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS. 
(a) AERIAL SURVEILLANCE DEMONSTRATION PRO-
GRAM.— 
(1) IN GENERAL.—In conjunction with the bor-
der surveillance plan developed under section 5201 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 
note), the Secretary, not later than 90 days after the 
date of enactment of this Act, shall develop a dem-
onstration program to fully integrate and utilize aer-
ial surveillance technologies, including unmanned 
aerial vehicles, to enhance the security of the inter-
national border between the United States and Can-
ada and the international border between the United 
States and Mexico. 
(2) ASSESSMENT AND CONSULTATION REQUIRE-
MENTS.—In developing the program under this sub-
section, the Secretary shall— 
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(A) consider current and proposed aerial 
surveillance technologies; 
(B) assess the feasibility and advisability 
of utilizing such technologies to address border 
threats, including an assessment of the tech-
nologies considered best suited to address re-
spective threats, cost-effectiveness, reliability, 
and minimal impact on border residential areas; 
(C) consult with the Secretary of Defense 
regarding any technologies or equipment, which 
the Secretary may deploy along an international 
border of the United States; 
(D) consult with the Administrator of the 
Federal Aviation Administration regarding safe-
ty, airspace coordination and regulation, and 
any other issues necessary for implementation 
of the program; and 
(E) conduct a privacy impact assessment 
with the Officer for Civil Rights and Civil Lib-
erties with the Department that includes rec-
ommendations with respect to ensuring the civil 
liberties and civil rights of individuals in sur-
rounding communities. 
(3) ADDITIONAL REQUIREMENTS.— 
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(A) IN GENERAL.—The demonstration pro-
gram developed under this subsection may in-
clude the use of a variety of aerial surveillance 
technologies in a variety of topographies and 
areas, including populated and unpopulated 
areas located on or near an international border 
of the United States, in order to evaluate, for 
a range of circumstances— 
(i) the significance of previous experi-
ences with such technologies in border se-
curity or critical infrastructure protection; 
(ii) the cost and effectiveness of var-
ious technologies for border security, in-
cluding varying levels of technical com-
plexity; and 
(iii) liability, safety, and privacy con-
cerns relating to the utilization of such 
technologies for border security. 
(4) CONTINUED USE OF AERIAL SURVEILLANCE 
TECHNOLOGIES.—The Secretary may continue the 
operation of aerial surveillance technologies while de-
veloping the demonstration program and assessing 
the effectiveness of the utilization of such tech-
nologies. 
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(5) REPORT
TO
CONGRESS.—Not later than 
180 days after developing the demonstration pro-
gram under this subsection, the Secretary shall sub-
mit to Congress a report regarding such program. 
The Secretary shall include in the report a descrip-
tion of such program together with any rec-
ommendations that the Secretary finds appropriate 
for implementing or terminating the program. 
(b) INTEGRATED AND AUTOMATED SURVEILLANCE 
DEMONSTRATION PROGRAM.— 
(1) REQUIREMENT FOR PROGRAM.—Subject to 
the availability of appropriations, the Secretary shall 
establish a demonstration program to procure addi-
tional unmanned aerial vehicles, cameras, poles, sen-
sors, satellites, radar coverage, and other tech-
nologies necessary to enhance operational control of 
the international borders of the United States. Such 
program shall be known as the Integrated and Auto-
mated Surveillance Demonstration Program. 
(2) PROGRAM
COMPONENTS.—The Secretary 
shall ensure, to the maximum extent feasible, that— 
(A) the technologies utilized in the Inte-
grated and Automated Surveillance Demonstra-
tion Program are integrated and function cohe-
sively in an automated fashion, including the 
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integration of motion sensor alerts and cameras 
in a manner where a sensor alert automatically 
activates a corresponding camera to pan and 
tilt in the direction of the triggered sensor; 
(B) cameras utilized in the Program do 
not have to be manually operated; 
(C) such camera views and positions are 
not fixed; 
(D) surveillance video taken by such cam-
eras is able to be viewed at multiple designated 
communications centers; 
(E) a standard process is used to collect, 
catalog, and report intrusion and response data 
collected under the Program; 
(F) future remote surveillance technology 
investments and upgrades for the Program can 
be integrated with existing systems; 
(G) performance measures are developed 
and applied that can evaluate whether the Pro-
gram is providing desired results and increasing 
response effectiveness in monitoring and detect-
ing illegal intrusions along the international 
borders of the United States; 
(H) plans are developed under the Pro-
gram to streamline site selection, site valida-
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tion, and environmental assessment processes to 
minimize delays of installing surveillance tech-
nology infrastructure; 
(I) standards are developed under the Pro-
gram to expand the shared use of existing pri-
vate and governmental structures to install re-
mote 
surveillance 
technology 
infrastructure 
where possible; and 
(J) standards are developed under the Pro-
gram to identify and deploy the use of non-
permanent or mobile surveillance platforms that 
will increase the Secretary’s mobility and ability 
to identify illegal border intrusions. 
(3) REPORT TO CONGRESS.—Not later than one 
year after the initial implementation of the Inte-
grated and Automated Surveillance Demonstration 
Program, the Secretary shall submit to Congress a 
report regarding the Program. The Secretary shall 
include in the report a description of the Program 
together with any recommendation that the Sec-
retary finds appropriate for enhancing or termi-
nating the program. 
(4) EVALUATION OF CONTRACTORS.— 
(A) REQUIREMENT FOR STANDARDS.—The 
Secretary shall develop appropriate standards 
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to evaluate the performance of any contractor 
providing goods or services to carry out the In-
tegrated and Automated Surveillance Dem-
onstration Program. 
(B) REVIEW
BY
THE
INSPECTOR
GEN-
ERAL.— 
(i) IN GENERAL.—The Inspector Gen-
eral of the Department shall review each 
new contract related to the Program that 
has a value of more than $5,000,000 in a 
timely manner, to determine whether such 
contract fully complies with applicable cost 
requirements, performance objectives, pro-
gram milestones, and schedules. 
(ii) REPORTS.—The Inspector General 
shall report the findings of each review 
carried out under clause (i) to the Sec-
retary in a timely manner. Not later than 
30 days after the date the Secretary re-
ceives a report of findings from the Inspec-
tor General, the Secretary shall submit to 
the Committee on Homeland Security and 
Governmental Affairs of the Senate and 
the Committee on Homeland Security of 
the House of Representatives a report of 
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such findings and a description of any the 
steps that the Secretary has taken or plans 
to take in response to such findings. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this section. 
SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC 
DEVICES. 
(a) RULE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary, acting through 
the Commissioner of United States Customs and Border 
Protection, in coordination with the Assistant Secretary 
of Homeland Security for United States Immigration and 
Customs Enforcement and the senior official appointed 
pursuant to section 222 of the Homeland Security Act of 
2002 (6 U.S.C. 142), shall issue a rule with respect to 
the scope of and procedural and record keeping require-
ments associated with border security searches of elec-
tronic devices. 
(b) CONTENT.—The rule issued pursuant to sub-
section (a) shall include the following: 
(1) A requirement that information collected 
during a border security search of an electronic de-
vice that is determined to be commercial informa-
tion, including trade secrets, information subject to 
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attorney-client privilege, information subject to doc-
tor-patient privilege, or information subject to an-
other privilege or protection shall be handled con-
sistent with the laws, rules, and regulations gov-
erning such information and shall not be shared 
with a Federal, State, local, tribal, or foreign agency 
unless it is determined that such agency has the 
mechanisms in place to comply with such laws, rules, 
and regulations. 
(2) A requirement that authorized agents, to 
the greatest extent practicable, conduct all border 
security searches of electronic devices at a port of 
entry in the presence of a supervisor and, where ap-
propriate, in the presence of the individuals whose 
electronic devices are subject to such searches. 
(3) A determination of the number of days that 
an electronic device subjected to a border security 
search or the information collected from such device 
may be retained, unless probable cause exists, that 
prohibits retention exceeding the period necessary to 
translate, decrypt, or reasonably search such device 
or information and that requires such information to 
be destroyed if in the custody of an authorized agent 
after such number of days. 
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(4) A requirement that if information collected 
from an electronic device subjected to a border secu-
rity search is copied, shared, retained, or entered 
into an electronic database, the individual from 
whose electronic device such information is collected 
shall receive written notification of such copying, 
sharing, retention, or entry unless such notification 
would hinder an investigation involving national se-
curity or would meet another criteria established by 
the Secretary in the rule. 
(5) A requirement that an individual subjected 
to a border security search of an electronic device 
shall receive a receipt for such device if such device 
is removed from the possession of such individual. 
(6) A requirement that an individual subjected 
to a border security search of an electronic device 
shall receive notice of how to report abuses or con-
cerns and how to seek redress from the Department 
of Homeland Security. 
(7) A requirement that information on the 
rights of individuals with respect to border security 
searches and Department of Homeland Security re-
dress procedures shall be posted at all ports of entry 
in locations that are likely to be viewed by individ-
uals subject to border security searches. 
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(8) A privacy impact assessment of the rule, as 
prepared by the senior official appointed pursuant to 
section 222 of the Homeland Security Act of 2002, 
that includes recommendations with respect to the 
copying, sharing, retention, and entry into an elec-
tronic database of personally identifiable information 
collected from electronic devices subjected to a bor-
der security search. 
(9) A civil liberties impact assessment of the 
rule, as prepared by the Officer for Civil Rights and 
Civil Liberties of the Department of Homeland Se-
curity. 
(c) TRAINING AND AUDITING WITH RESPECT TO 
SEARCHES.— 
(1) TRAINING.—The Secretary shall provide 
each authorized agent with appropriate training to 
conduct border security searches of electronic devices 
at ports of entry in accordance with the rule issued 
pursuant to subsection (a). The training shall in-
clude instruction on constitutional, privacy, civil 
rights, and civil liberties issues related to such 
searches. 
(2) AUDITING.—The Secretary, acting through 
the Inspector General of the Department of Home-
land Security, shall develop and annually administer 
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an auditing mechanism to review whether authorized 
agents are conducting border security searches of 
electronic devices at ports of entry in accordance 
with the rule issued pursuant to subsection (a). 
(d) REPORT.—Not later than 180 days after the ef-
fective date of the rule issued pursuant to subsection (a), 
and quarterly thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and to the Committee on Homeland Security 
and Governmental Affairs of the Senate a report that shall 
include the following: 
(1) A description of the activities of authorized 
agents with respect to border security searches of 
electronic devices at ports of entry. 
(2) A description of the manner in which the 
Department of Homeland Security has complied 
with this Act. 
(3) The number, by port of entry, of border se-
curity searches of electronic devices at ports of entry 
conducted during the reporting period. 
(4) The number, by port of entry, of instances 
during the reporting period that information from 
an electronic device subjected to a border security 
search was retained, copied, shared, or entered in an 
electronic database, including the number of elec-
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tronic devices retained as the result of a border se-
curity search. 
(5) The race, ethnicity, national origin, and citi-
zenship of each individual whose electronic device 
was subjected to a border security at a port of entry 
search during the reporting period, to determine the 
existence or absence of racial profiling. 
(6) The number of instances during the report-
ing period that information collected from an elec-
tronic device subjected to a border security search at 
a port of entry was referred to a law enforcement or 
intelligence agency for further action, including 
whether such information resulted in a prosecution 
or conviction. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) AUTHORIZED AGENT.—The term ‘‘author-
ized agent’’ means an agent, officer, or official of 
United States Customs and Border Protection, 
United States Immigration and Customs Enforce-
ment, or any other office or agency of the Depart-
ment of Homeland Security who is authorized to 
conduct a border security search. 
(2) BORDER
SECURITY
SEARCH.—The term 
‘‘border security search’’ means a search by an au-
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thorized agent of persons, baggage, or cargo enter-
ing, departing, or passing through the United States 
through any port of entry. 
(3) ELECTRONIC
DEVICE.—The term ‘‘elec-
tronic device’’ means an electronic, magnetic, opti-
cal, electrochemical, or other high-speed data proc-
essing device performing logical, arithmetic, or stor-
age functions, such as a computer, a cellular tele-
phone, or any other device used for electronic com-
munication or for storing electronic, digital or ana-
log data, and which includes any data storage facil-
ity or communications facility directly related to or 
operating in conjunction with such device. 
SEC. 123. BORDER RELIEF GRANT PROGRAM. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Attorney General is au-
thorized to award grants to— 
(A) eligible law enforcement agencies, or a 
coalition of such agencies, including sheriff’s of-
fices, police departments and tribal police de-
partments; and 
(B) institutions of higher education that 
provide assistance to law enforcement agencies 
in counties described in subparagraph (A) or 
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(B) of subsection (d)(1) to provide the re-
sources described in subsection (b)(4). 
(2) COMPETITIVE BASIS.—The Attorney Gen-
eral shall award grants under this section on a com-
petitive basis. 
(3) PRIORITY.—In awarding grants for the uses 
described in paragraphs (1) through (3) of sub-
section (b), the Attorney General shall give priority 
to law enforcement agencies: 
(A) located in a county that is within 100 
miles from the United States border with Mex-
ico or Canada; and 
(B) in compliance with Federal and State 
racial profiling laws and guidelines. 
(4) DURATION.—Grants awarded under this 
section shall not exceed two years. Prior awardees 
must reapply to be considered for continued funding. 
(5) PROHIBITION.—The Attorney General shall 
not award a grant to any applicant that is under in-
vestigation for violations of federal or state racial 
profiling laws or guidelines. 
(b) USE OF FUNDS.—Grants awarded under this sec-
tion may only be used to provide additional resources for 
eligible law enforcement agencies to address drug-related 
criminal activity, and for the training and assistance de-
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scribed in paragraph (4) for organizations described in 
subsection (a)(3), including resources to— 
(1) combat criminal activities along the North-
ern and Southern border by— 
(A) obtaining, upgrading, or maintain 
equipment; 
(B) hiring additional personnel; 
(C) reimbursing operational expenditures, 
including overtime and transportation costs; 
and 
(D) providing other assistance necessary to 
address drug-related criminal activity; 
(2) facilitate information sharing and collabora-
tion by— 
(A) establishing, maintaining, or enhancing 
multi-jurisdictional intelligence gathering and 
sharing activities; 
(B) facilitating regional crime prevention 
and reduction efforts; and 
(C) strengthening partnerships between 
Federal, tribal, State, and local law enforce-
ment agencies; 
(3) enhance jails, community corrections, and 
detention operations by— 
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(A) improving the administration and oper-
ations of correction functions related to reduc-
ing and preventing criminal narcotics activity; 
(B) improving access to intelligence and 
collaboration between law enforcement and cor-
rectional system personnel; 
(C) reducing the recidivism rates of drug 
offenders; and 
(D) hiring detention, probation, parole, 
and other corrections personnel for implementa-
tion of the efforts described in this paragraph; 
and 
(4) provide training and technical assistance, 
including training and assistance related to— 
(A) narcotics-related kidnapping negotia-
tion and rescue tactics; 
(B) intelligence and information sharing on 
drug trafficking organizations; and 
(C) the interdiction of narcotics, weapons, 
and illegal drug proceeds. 
(c) APPLICATION.— 
(1) IN GENERAL.—Each eligible law enforce-
ment agency, or coalition of such agencies, seeking 
a grant under this section shall submit an applica-
tion to the Attorney General at such time, in such 
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manner, and accompanied by such information as 
the Attorney General may reasonably require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall— 
(A) describe the activities for which assist-
ance under this section is sought; 
(B) disclose whether the applicant has ever 
been investigated for or convicted of violation of 
Federal or State racial profiling laws or guide-
lines; and 
(C) provide such additional assurances as 
the Attorney General determines to be essential 
to ensure compliance with the requirements 
under this section. 
(d) MONITORING AND OVERSIGHT.— 
(1) Each grantee shall submit to the Attorney 
General documentation of the use of grant funds, in-
cluding an assessment of their utility in protecting 
border community safety, the prevention of smug-
gling activities, and the apprehension of persons in-
volved in violence and organized crime. 
(2) These reports will determine whether the 
grantee uses funds appropriately and should be con-
sidered for a renewal grant. 
(e) DEFINITIONS.—In this section: 
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(1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 
The term ‘‘eligible law enforcement agency’’ means 
a tribal, State, or local law enforcement agency, in-
cluding a community corrections agency and any 
agency that employs prosecutors, probation officers, 
or parole officers, which is located or performs du-
ties in— 
(A) a county that is not more than 100 
miles from a United States border with Mexico; 
(B) a county that is not more than 100 
miles from a United States border with Canada; 
or 
(C) a jurisdiction that has been designated 
by the Director of the Office of Drug Control 
Policy as a High Intensity Drug Trafficking 
Area. 
(2) HIGH
INTENSITY
DRUG
TRAFFICKING 
AREA.—The term ‘‘High Intensity Drug Trafficking 
Area’’ means any jurisdiction designated as a ‘‘High 
Intensity Drug Trafficking Area’’ by the National 
Drug Control Program under section 707 of the Of-
fice of National Drug Control Policy Reauthorization 
Act of 1998 (21 U.S.C. 1706). 
(f) ASSESSMENT AND REPORT.—The Attorney Gen-
eral shall submit a bi-annual report assessing the success 
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of the program in combating and reducing drug-traf-
ficking and drug-related criminal activity, cost-effective-
ness of the program, and future value and viability of the 
program to— 
(1) the Committee on the Judiciary of the 
House of Representatives; and 
(2) the Committee on the Judiciary of the Sen-
ate. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated $100,000,000 for each of the fiscal 
years 2011 through 2015 to carry out the provisions 
of this section. 
(2) ALLOCATION OF AUTHORIZED FUNDS.—Of 
the amounts appropriated pursuant to paragraph 
(1)— 
(A) not more than 33 percent may be set 
aside for High Intensity Drug Trafficking 
Areas; and 
(B) not more than 30 percent may be used 
for activities described in paragraphs (3) and 
(4) of subsection (b). 
(3) SUPPLEMENT
NOT
SUPPLANT.—Amounts 
appropriated for grants pursuant to paragraph (1) 
shall be used to supplement and not to supplant 
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other tribal, State, and local public funds obligated 
for the purposes provided under this section. 
SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROS-
ECUTION 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-
ern border of the United States for prosecuting federally 
initiated and referred drug cases. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as necessary 
for each of the fiscal years 2011 through 2015 to carry 
out subsection (a). 
SEC. 125. OPERATION STREAMLINE PROSECUTION INITIA-
TIVE. 
(a) SUSPENSION OF OPERATION STREAMLINE.—The 
Secretary shall suspend the program pending submission 
of the report in subsection (b) to the relevant congres-
sional committees in subsection (c) and a revaluation of 
the program’s future viability. 
(b) REPORTING REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in coordination with the At-
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torney General, shall submit a report to the relevant con-
gressional committees set forth in subsection (c) that pro-
vides details about— 
(1) operational goals and oversight mechanisms 
of ‘‘Operation Streamline’’ and similar programs; 
(2) costs of seeking Federal court prosecution 
and jail time for all illegal entrants prior to referral 
to immigration court removal proceedings, as com-
pared to initial referral of such entrants to immigra-
tion courts upon apprehension; 
(3) costs of detentions, prosecutions, and incar-
cerations for immigrant offenses under Operation 
Streamline programs over the three years prior to 
enactment of this Act; 
(4) cost estimates for federal resources that 
would be necessary to implement Operation Stream-
line effectively in each Border Patrol sector, includ-
ing sufficient judicial resources, Federal Public De-
fenders, U.S. Marshals, detention facilities, United 
States Attorneys, and costs already being incurred 
in active areas; 
(5) the impact of Operation Streamline pro-
grams on federal prosecutorial initiatives focused on 
curbing border violence, including enhanced use of 
investigations and prosecutions for money laun-
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dering or other financial offenses to disrupt the il-
licit firearms trade, human smuggling, and cross- 
border drug and currency trafficking; 
(6) the impact of Operation Streamline pro-
grams on discretionary prosecutorial decisions; 
(7) the numbers of Federal prosecutions for 
drug trafficking, human smuggling, white-collar, 
civil rights, environmental, and other criminal cases 
over the three years prior to enactment of this Act 
in areas utilizing Operation Streamline initiatives; 
(8) lengths of imprisonment, names, convic-
tions, and locations of prisons used for those ar-
rested under Operation Streamline programs over 
the three years prior to enactment of this Act; 
(9) Federal convictions obtained under Oper-
ation Streamline including number of non-violent 
immigration offenses; 
(10) comparison of rates of Federal prosecu-
tions and convictions in districts along the southern 
border in relation to other districts nationwide; and 
(11) interviews with criminal defense attorneys 
who have represented defendants charged under Op-
eration Streamline, including review of the oppor-
tunity of arrestees to consult with immigration at-
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torneys prior to conviction, and the ratio of defend-
ants to defense attorneys. 
(c) RELEVANT CONGRESSIONAL COMMITTEES
IN 
THIS SECTION.— 
(1) The Committee on Appropriations of the 
Senate. 
(2) The Committee on the Judiciary of the Sen-
ate. 
(3) The Committee on Appropriations of the 
House of Representatives. 
(4) The Committee on the Judiciary of the 
House of Representatives. 
(5) The Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(6) The Committee on Homeland Security of 
the House of Representatives. 
(d) RE-EVALUATION OF PROGRAM.—The Secretary 
of Homeland Security, in coordination with the Attorney 
General, shall have 180 additional days, after submission 
of the report in subsection (b) to the relevant congres-
sional committees, to re-evaluate the future viability of the 
program. At the end of the 180 day period, the Secretary 
shall determine whether to continue or terminate the pro-
gram. 
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SEC. 126. PROJECT GUNRUNNER. 
(a) IN GENERAL.—The Attorney General shall dedi-
cate and expand the resources provided for the Project 
Gunrunner initiative of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives to identify, investigate, and 
prosecute individuals involved in the trafficking of fire-
arms across the international border between the United 
States and Mexico. 
(b) ACTIVITIES.—In carrying out this section, the At-
torney General shall 
(1) assign additional agents of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives to the 
area of the United States adjacent to the inter-
national border between the United States and Mex-
ico to support the expansion of Project Gunrunner 
teams; 
(2) establish not fewer than one Project Gun-
runner team in each State along the international 
border between the United States and Mexico; and 
(3) coordinate with the heads of other relevant 
Federal law enforcement agencies and State and 
local law enforcement agencies to address firearms 
trafficking in a comprehensive manner. 
(c) ADDITIONAL STAFF.—The Attorney General may 
hire Bureau of Alcohol, Tobacco, Firearms, and Explo-
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sives agents for, and otherwise expend additional resources 
needed to adequately support, Project Gunrunner. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 for each of fis-
cal years 2011 and 2015 to carry out this section. 
SEC. 127. OPERATION ARMAS CRUZADAS. 
(a) IN GENERAL.—In accordance with subsection (b), 
the Secretary of Homeland Security shall dedicate and ex-
pand the resources provided for Operation Armas 
Cruzadas of United States Immigration and Customs En-
forcement (ICE) to identify, investigate, and prosecute in-
dividuals involved in the trafficking and smuggling of fire-
arms across the international border between the United 
States and Mexico. 
(b) RESOURCES.—To achieve the goal described in 
subsection (a), the Secretary of Homeland Security 
shall— 
(1) increase the number of ICE agents assigned 
to Operation Armas Cruzadas over the number of 
such agents who are so assigned as of the date of 
the enactment of this section; 
(2) increase the number of Border Enforcement 
Security Task Force (BEST) teams stationed along 
the border over the number of such teams so sta-
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tioned as of the date of the enactment of this sec-
tion; and 
(3) coordinate with the heads of other relevant 
Federal, State, and local law enforcement agencies 
to address firearms trafficking in a comprehensive 
manner. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 for each of fis-
cal years 2011 and 2012 to carry out this section. 
SEC. 128. COMBATING HUMAN SMUGGLING. 
(a) REQUIREMENT FOR PLAN.—The Secretary shall 
develop and implement a plan to improve coordination 
among United States Immigration and Customs Enforce-
ment and United States Customs and Border Protection 
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, 
including methods to ascertain crime victims and 
vulnerable populations as described in subtitle B of 
this title; 
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(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 pros-
ecute 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 combat human smuggling. 
(c) REPORT.—Not later than one year after imple-
menting the plan described in subsection (a), the Sec-
retary shall submit to Congress a report on such plan, in-
cluding any recommendations for legislative action to im-
prove efforts to combating human smuggling. 
SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY. 
(a) IN GENERAL.—The Commissioner of the United 
States Customs and Border Protection shall do the fol-
lowing: 
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(1) COLLECTION OF STATISTICS.—Collect sta-
tistics relating to deaths occurring at the border be-
tween the United States and Mexico, including— 
(A) the causes of the deaths; and 
(B) the total number of deaths. 
(2) PUBLICATION OF STATISTICS.—Publish the 
statistics collected in paragraph (1) quarterly. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, and annually there-
after, submit to the Secretary a report that— 
(A) analyzes trends with respect to the sta-
tistics collected under subsection (a) during the 
preceding year; and 
(B) recommends actions to reduce and pre-
vent the deaths described in subsection (a). 
(b) SOUTHWEST BORDER STRATEGY STUDY & ANAL-
YSIS.—The Secretary shall conduct a study of Southwest 
Border Enforcement operations since 1994 and its rela-
tionship to death rates on the US-Mexico border. 
(1) SUBSTANCE.—The study shall include— 
(A) an analysis on the relationship of bor-
der enforcement and deaths on the border; 
(B) an analysis of whether physical bar-
riers, technology, and enforcement programs 
have contributed to the rate of migrant deaths; 
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(C) an analysis of the effectiveness of geo-
graphical terrain as a natural barrier for entry 
into the United States in achieving Department 
goals and its role in contributing to rates of mi-
grant deaths; and 
(D) consultation with nongovernmental or-
ganizations and other community stakeholders 
involved in recovering and identifying migrant 
deaths; and 
(E) an assessment of existing protocol re-
lated to reporting, tracking and inter-agency 
communications between CBP and local first 
responders and consular services. 
(2) REPORT.—The studies shall be submitted 
to— 
(3) the United States-Mexico Border Enforce-
ment Commission as established in section 130; 
(4) the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate; 
(5) the Committee on Homeland Security and 
the Committee on the Judiciary of the House of 
Representatives; and 
(6) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT 
COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established an inde-
pendent commission to be known as the Immigration 
and United States-Mexico Border Enforcement 
Commission (referred to in this section as the ‘‘Com-
mission’’). 
(2) PURPOSES.—The purposes of the Commis-
sion are— 
(A) to study the overall enforcement strat-
egies, programs and policies of Federal agencies 
along the United States-Mexico border, includ-
ing the Department of Homeland Security, Jus-
tice and other relevant agencies; 
(B) to strengthen relations and collabora-
tion between communities in the border regions 
and the Department of Homeland Security, 
Justice and other Federal agencies that carry 
out such strategies, programs and policies; 
(C) to ensure the strategies, programs and 
policies of Federal agencies along the United 
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States-Mexico border and the agents and em-
ployees charged to implement them protect the 
due process and civil and human rights of all 
individuals and communities at and near the 
border; and 
(D) 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— 
(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 
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(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. 
(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 
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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 shorter. 
(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.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission as soon as practical. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the chairman or a majority of its 
members. 
(C) OUTREACH.—The Commission shall 
formulate and implement an effective outreach 
strategy to border communities. 
(9) QUORUM.—Nine members of the Commis-
sion shall constitute a quorum. 
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(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 
or by a vote of a minimum of quorum members of 
the Commission. 
(11) STRUCTURE.—The Review Commission 
will have a Federal, regional and local review struc-
ture, and will be divided into two subcommittees— 
one focused on border technology, equipment and in-
frastructure, and a second to focus on border and 
immigration enforcement policies and programs. 
(b) DUTIES.—The Commission shall review, examine, 
and make recommendations regarding immigration and 
border enforcement policies, strategies, and programs, in-
cluding recommendations regarding— 
(1) the compliance of the Department of Home-
land Security and other immigration and border-re-
lated agencies with existing laws and regulations; 
(2) the extent to which agency policies and 
practices protect the civil rights of migrants and 
border community residents, including but not lim-
ited to the contexts of engagement, detention, appre-
hension, use of force, definition and use of reason-
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able suspicion and probable cause, and racial 
profiling; 
(3) the frequency, adequacy and effectiveness of 
human and civil rights training of border enforce-
ment personnel and others from Federal agencies 
who have contact with the public in the border re-
gions; 
(4) the complaint process and the extent to 
which the process is transparent and accessible to 
the public, investigations are opened as necessary 
and effectively pursued and complaints are resolved 
in a timely and transparent manner; 
(5) the effectiveness and capacity of agency 
oversight, accountability, and management including 
prevention and disciplinary policies involving use of 
force, abuse, malfeasance, corruption and illegal ac-
tivity, 
(6) the effect of operations, technology, and en-
forcement infrastructure along such border on the— 
(A) environment; 
(B) crossborder traffic and commerce; 
(C) privacy rights and other civil liberties; 
and 
(D) the quality of life of border commu-
nities; 
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(7) the extent to which State and local law en-
forcement engage in the enforcement of Federal im-
migration law; 
(8) the extent of compliance with due process 
standards and equal protection of the law for immi-
grants and other individuals at and near the border; 
(9) whether border policies and agencies are ac-
complishing their stated goals; and 
(10) any other matters regarding immigration 
and border enforcement policies, strategies, and pro-
grams the Commission determines appropriate. 
(c) POWERS OF COMMISSION.— 
(1) IN GENERAL.— 
(A) 
HEARINGS
AND
EVIDENCE.—The 
Commission or, on the authority of the Com-
mission, any subcommittee or member thereof, 
may, for the purpose of carrying out this title— 
(i) hold such hearings and sit and act 
at such times and places, take such testi-
mony, receive such evidence, administer 
such oaths; and 
(ii) subject to paragraph (2)(A), re-
quire, by subpoena or otherwise, the at-
tendance and testimony of such witnesses 
and the production of such books, records, 
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correspondence, memoranda, papers, and 
documents, as the Commission or such 
designated subcommittee or designated 
member may determine advisable. 
(B) SUBPOENAS.— 
(i) ISSUANCE.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
chairman or by a member designated by a 
majority of the Commission. 
(iii) ENFORCEMENT.—In the case of 
contumacy or failure to obey a subpoena 
issued under subsection (a), the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
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poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(2) RECOMMENDATIONS.— 
(A) The Commission has the ability to 
make recommendations to the Secretary of 
Homeland Security on the disposition of cases 
and discipline of personnel under the Immigra-
tion and Naturalization Act. 
(B) Within 180 days of receipt of a Com-
mission report, the Secretary of Homeland Se-
curity shall issue a response, which shall de-
scribe how the Department of Homeland Secu-
rity, the Department of Justice, and the De-
partment of Defense have addressed the rec-
ommendation. 
(3) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
title. 
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(4) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission is au-
thorized to secure directly from any executive 
department, bureau, agency, board, commission, 
office, independent establishment, or instrumen-
tality of the Government, information, sugges-
tions, estimates, and statistics for the purposes 
of this title. Each department, bureau, agency, 
board, commission, office, independent estab-
lishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, 
suggestions, estimates, and statistics directly to 
the Commission, upon request made by the 
chairman, the chairman of any subcommittee 
created by a majority of the Commission, or 
any member designated by a majority of the 
Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall only be re-
ceived, handled, stored, and disseminated by 
members of the Commission and its staff con-
sistent with all applicable statutes, regulations, 
and Executive orders. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
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(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in paragraph (1), departments and agencies of 
the United States may provide to the Commis-
sion such services, funds, facilities, staff, and 
other support services as they may determine 
advisable and as may be authorized by law. 
(6) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(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. 
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(e) TRAINING.—The Commission shall establish a 
process and criteria by which Commission members re-
ceive orientation and training on human, constitutional 
and civil rights. 
(f) REPORT.—Not later than 2 years after the date 
of the first meeting called pursuant to (a)(8)(A), the Com-
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 and im-
migration enforcement policies, strategies, and pro-
grams; 
(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. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(h) SUNSET.—Unless the Commission is re-author-
ized by Congress, the Commission shall terminate on the 
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date that is 60 days after the date the Commission sub-
mits the report described in subsection (f). 
SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN 
NONEMERGENCY BORDER ENFORCEMENT. 
(a) IN GENERAL.—The Armed Forces of the United 
States, including the National Guard, are prohibited from 
assisting in Federal, State and local and civilian law en-
forcement of immigration laws. 
(b) EXCEPTION.—The Armed Forces of the United 
States, including the National Guard may assist in Fed-
eral, State and local and civilian law enforcement of immi-
gration laws when the President of the United States has 
declared a national emergency or when required for spe-
cific counter-terrorism duties. In the case that, Armed 
Forces of the United States, including the National Guard 
are required to perform such duties, those duties in sup-
port of Federal, State and local and civilian law enforce-
ment of immigration laws shall be limited to— 
(1) rear echelon support duties, including 
logistical support, construction, and intelligence col-
lection from positions at least 25 miles from the bor-
der; 
(2) nonarmed operations within 25 miles of the 
border, including listening posts and observation 
post operations; and 
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(3) armed operations outside 25 miles of the 
border, including listening posts and observation 
post operations. 
(c) REPORT.—The Secretary shall submit on an an-
nual basis a report to Congress that details the involve-
ment of the Armed Forces in border security and the en-
forcement of Federal immigration laws. 
SEC. 132. DEFINITIONS. 
For sections 124 through 128: 
(a) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given such term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b). 
(b) SECRETARY CONCERNED.—The term ‘‘Secretary 
concerned’’ means the Secretary of Agriculture with re-
spect to land under the jurisdiction of the Secretary of 
Agriculture, the Secretary of the Interior with respect to 
land under the jurisdiction of the Secretary of the Interior, 
the Secretary of Defense with respect to land under the 
jurisdiction of the Secretary of Defense or the secretary 
of a military department, or the Secretary of Commerce 
with respect to land under the jurisdiction of the Secretary 
of Commerce. 
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SEC. 133. BORDER PROTECTION STRATEGY. 
(a) IN GENERAL.—Not later than September 30, 
2010, the Secretary, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Defense, and the 
Secretary of Commerce, in consultation with tribal, State, 
and local officials, shall jointly develop and submit to Con-
gress a border protection strategy for the international 
land borders of the United States. 
(b) ELEMENTS OF THE STRATEGY.—The strategy 
developed in accordance with subsection (a) shall include 
the following components: 
(1) A comparative analysis of the levels of oper-
ational control, based on auditable and verifiable 
data, achievable through alternative tactical infra-
structure and other security measures. Measures as-
sessed shall include, at a minimum— 
(A) pedestrian fencing; 
(B) vehicle barriers, especially in the vicin-
ity of existing or planned roads; 
(C) additional Border Patrol agents; 
(D) efficacy of natural barriers and open 
space in response to unauthorized or unlawful 
border crossing; 
(E) fielding of advanced remote sensing 
and information integration technology, includ-
ing the use of unmanned aerial vehicles and 
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other advanced technologies and systems, in-
cluding systems developed and employed, or 
under development, for tactical surveillance, 
multisource information integration, and re-
sponse analysis in difficult terrain and under 
adverse environmental conditions; 
(F) regional as well as urban and rural 
variation in border security methodologies, and 
incorporation of natural barriers; 
(G) enhanced cooperation with, and assist-
ance to, intelligence, security, and law enforce-
ment agencies in Mexico and Canada in detect-
ing, reporting, analyzing, and successfully re-
sponding to unauthorized or unlawful border 
crossings from or into Mexico or Canada; and 
(H) removal of obstructive non-native vege-
tation. 
(2) A comprehensive analysis of cost and other 
impacts of security measures assessed in paragraph 
(1), including an assessment of— 
(A) land acquisition costs, including re-
lated litigation and other costs; 
(B) construction costs, including both 
labor and material costs; 
(C) maintenance costs over 25 years; 
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(D) contractor costs; 
(E) management and overhead costs; 
(F) the impacts on wildlife, wildlife habi-
tat, natural communities, and functioning cross- 
border wildlife migration corridors and hydrol-
ogy (including water quantity, quality, and nat-
ural hydrologic flows) on Federal, tribal, State, 
local, and private lands along the border; and 
(G) costs of fully mitigating the adverse 
impacts to Federal, tribal, State, local, and pri-
vate lands, waters (including water quality, 
quantity, and hydrological flows), wildlife, and 
wildlife habitats, including, where such action is 
possible, the full costs of the replacement or 
restoration of severed wildlife migration cor-
ridors with protected corridors of equivalent bi-
ological functionality, as determined by each 
Secretary concerned, in consultation with ap-
propriate authorities of tribal, State, and local 
governments and appropriate authorities of 
Mexico and Canada. 
(3) A comprehensive compilation of the fiscal 
investments in acquiring or managing Federal, trib-
al, State, local, and private lands and waters in the 
vicinity of, or ecologically related to, the land bor-
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ders of the United States that have been acquired or 
managed in whole or in part for conservation pur-
poses (including the creation or management of pro-
tected wildlife migration corridors) in— 
(A) units of the National Park System; 
(B) National Forest System land; 
(C) land under the jurisdiction of the Bu-
reau of Land Management; 
(D) land under the jurisdiction of the 
United States Fish and Wildlife Service; 
(E) other relevant land under the jurisdic-
tion of the Department of the Interior or the 
Department of Agriculture; 
(F) land under the jurisdiction of the De-
partment of Defense or the individual military 
department; 
(G) land under the jurisdiction of the De-
partment of Commerce; 
(H) tribal lands; 
(I) State and private lands; and 
(J) lands within Mexico and Canada. 
(4) Recommendations for strategic border secu-
rity management based on comparative security as 
detailed in paragraph (1), the cost-benefit analysis 
as detailed in paragraph (2), as well as protection of 
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investments in public lands specified in paragraph 
(3). 
(c) TRAINING.— 
(1) REQUIRED
TRAINING.—The Secretary, in 
cooperation with the Secretary concerned, shall pro-
vide— 
(A) natural resource protection training for 
Customs and Border Protection agents or other 
Federal personnel assigned to plan or oversee 
the construction or operation of border security 
tactical infrastructure or to patrol land along or 
in the vicinity of a land border of the United 
States; and 
(B) cultural resource training for Customs 
and Border Protection agents and other Fed-
eral personnel assigned to plan or oversee the 
construction or operation of border security tac-
tical infrastructure or to patrol tribal lands. 
(2) ADDITIONAL
CONSIDERATIONS.—In devel-
oping and providing training under subparagraph 
(A) of paragraph (1), the Secretary shall coordinate 
with the Secretary concerned and the relevant tribal 
government to ensure that such training is appro-
priate to the mission of the relevant agency and is 
focused on achieving border security objectives while 
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avoiding or minimizing the adverse impact on nat-
ural and cultural resources resulting from border se-
curity tactical infrastructure, operations, or other 
activities. 
SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL 
CONTROL OF THE INTERNATIONAL LAND 
BORDERS OF THE UNITED STATES. 
(a) IN GENERAL.—Section 102 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104–208; 8 U.S.C. 1103 note) is amended 
to read as follows: 
‘‘SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF 
BORDER. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be required to gain 
operational control of the international land borders of the 
United States. Such actions may be taken only in accord-
ance with the border protection strategy developed under 
section 124(a). 
‘‘(b) PRIORITY OF METHODS.—In carrying out the 
requirements of subsection (a), the Secretary of Homeland 
Security shall, where practicable, give first priority to the 
use of remote cameras, sensors, removal of nonnative 
vegetation, incorporation of natural barriers, additional 
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manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques. 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall con-
sult with the Secretary of the Interior, the Secretary 
of Agriculture, the Secretary of Defense, Secretary 
of Commerce, States, local governments, tribal gov-
ernments, and private property owners in the United 
States to minimize the impact on the environment, 
culture, commerce, safety, and quality of life for the 
communities and residents located near the sites at 
which actions under subsection (a) are proposed to 
be taken. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to— 
‘‘(A) create or negate any right of action 
for a State, local government, tribal govern-
ment, or other person or entity affected by this 
subsection; 
‘‘(B) affect the eminent domain laws of the 
United States or of any State; or 
‘‘(C) waive the application of any other ap-
plicable Federal, State, local, or tribal law. 
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‘‘(3) LIMITATION
ON
REQUIREMENTS.—Not-
withstanding subsection (a), nothing in this section 
shall require the Secretary of Homeland Security to 
install fencing, physical barriers, roads, lighting, 
cameras, or sensors in a particular location along an 
international border of the United States if the Sec-
retary determines that the use or placement of such 
resources is not the most effective and appropriate 
means to achieve and maintain operational control 
over the international border at such location, or if 
the Secretary determines that the direct and indirect 
costs of or the impacts on the environment, culture, 
commerce, safety, or quality of life for the commu-
nities and residents along the border likely to result 
from the use or placement of such resources out-
weigh the benefits of such use or placement.’’. 
(b) PRECONDITIONS.—In fulfilling the requirements 
of section 102 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996, as amended by this 
section, the Secretary of Homeland Security shall not com-
mence any construction of fencing, physical barriers, 
roads, lighting, cameras, sensors, or other tactical infra-
structure along or in the vicinity of an international land 
border of the United States, or award or expend funds 
pursuant to any contract or other agreement related there-
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to, prior to 90 days following the submission to Congress 
of the border protection strategy required under section 
133(a) of this subtitle. 
SEC. 135. BORDERLANDS MONITORING AND MITIGATION. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the Interior, the Secretary of Agri-
culture, the Secretary of Defense, the Secretary of Com-
merce, and the heads of appropriate State and tribal wild-
life agencies and entities, shall develop and implement a 
comprehensive monitoring and mitigation plan to address 
the ecological and environmental impacts of border secu-
rity infrastructure, measures, and activities along the 
international land borders of the United States. 
(b) REQUIREMENTS.—The mitigation plan required 
under subsection (a) shall include, at a minimum, meas-
ures to address and mitigate the full range of ecological 
and environmental impacts of border security infrastruc-
ture, measures, and activities, including— 
(1) preserving, maintaining, and, if necessary, 
restoring wildlife migration corridors, key habitats, 
and the ecologically functional connectivity between 
and among key habitats sufficient to ensure that 
species (whether or not designated as rare, pro-
tected, or of concern) remain viable and are able to 
adapt to the impacts of climate change; 
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(2) addressing control of invasive species and 
implementing measures necessary to avoid the 
spread of such species; 
(3) maintaining hydrological functionality, in-
cluding water quantity and quality; 
(4) incorporating adaptive management, includ-
ing detailed provisions for long-term monitoring of 
the mitigation plan’s effectiveness and for necessary 
adjustments to such plan based on such monitoring 
results; and 
(5) protection of cultural and historical re-
sources. 
(c) PREEMPTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may, subject to para-
graph (2), carry out the mitigation plan required 
under subsection (a) on any Federal, State, local, 
tribal, or private lands in the vicinity of or eco-
logically related to an international land border of 
the United States regardless of which individual, 
agency, or entity has ownership of or principal re-
sponsibility for the management of any such lands. 
(2) CONDITIONS.—Activities carried out pursu-
ant to paragraph (1) in connection with the mitiga-
tion plan shall be carried out in full consultation 
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with, and with the concurrence of, the owner of, or 
entity with principal responsibility for, the manage-
ment of the lands described in such paragraph. 
(d) ADMINISTRATION.— 
(1) AUTHORIZATION.—The Secretary of Home-
land Security may transfer funds of the Department 
of Homeland Security to other Federal agencies 
for— 
(A) expenditure under programs (including 
any international programs) of such agencies 
that are designed to fund conservation related 
activities (directly or through grants or similar 
mechanisms) on non-Federal lands, including 
land acquisition programs; and 
(B) mitigation activities on Federal lands 
managed by such agencies, if such activities are 
required to implement the mitigation plan re-
quired under subsection (a) and if the costs of 
such activities are higher than the costs associ-
ated with managing such lands in the absence 
of such activities. 
(2) EXEMPTION
FROM
REPROGRAMMING
RE-
QUIREMENTS.—Funds transferred pursuant to the 
authorization under paragraph (1) shall not be sub-
ject to reprogramming requirements. 
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(3) ACCEPTANCE AND USE OF DONATIONS.— 
The Secretary may accept and use donations for the 
purpose of developing and implementing the mitiga-
tion plan required under subsection (a), and may 
transfer such funds to any other Federal agency for 
expenditure under such plan pursuant to paragraph 
(1). 
(e) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provision of law, funds appropriated 
to the Department of Homeland Security for border secu-
rity infrastructure and activities may be used by the Sec-
retary to develop and implement the mitigation plan re-
quired under subsection (a). 
SEC. 136. BORDER COMMUNITIES LIAISON OFFICE. 
(a) ESTABLISHMENT.—The Secretary shall establish, 
in consultation with the Office of Civil Rights and Civil 
Liberties, a Border Communities Liaison Office in every 
border patrol sector at the southern and northern borders. 
(b) PURPOSE.—The purpose of the Border Commu-
nities Liaison Office shall be— 
(1) to foster and institutionalize consultation 
with border communities; 
(2) to consult with border communities on 
agency policies, directives and laws; 
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(3) to consult with border communities on 
agency strategies and strategy development; 
(4) to consult with border communities on 
agency services and operational issues; 
(5) to receive assessments on agency perform-
ance from border communities; and 
(6) to receive complaints regarding agency per-
formance and agent conduct. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 137. OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES 
AND OFFICE OF INSPECTOR GENERAL. 
There are authorized to be appropriated such sums 
as are necessary for the Department’s Office of Inspector 
General and the Department’s Office of Civil Rights and 
Civil Liberties to be comparable to those of other Federal 
agencies and commensurate with the size and scope of the 
DHS operational budget. 
SEC. 138. IMPROVING PORTS OF ENTRY FOR BORDER SECU-
RITY AND OTHER PURPOSES. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator of the General Services Ad-
ministration such sums as may be necessary for each of 
fiscal years 2011 through 2015 to make improvements to 
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existing ports of entry in the United States to improve 
border security and for other purposes. 
(b) PRIORITY.—In making improvements described 
in subsection (a), the Administrator of the General Serv-
ices Administration, in coordination with the Commis-
sioner of Customs and Border Protection, shall give pri-
ority to the ports of entry that the Administrator deter-
mines are in most need of repair to improve border secu-
rity and for other purposes in accordance with port of 
entry infrastructure assessment studies required in section 
603 of title VI, division E, of the Consolidated Appropria-
tions Act of 2008 (Public Law 101–161). 
SEC. 139. PORTS OF ENTRY. 
(a) IN GENERAL.—In order to aid in the enforcement 
of Federal customs, immigration, and agriculture laws, 
and national security goals the Customs and Border Pro-
tection Commissioner may— 
(1) design, construct, and modify land ports of 
entry and other structures and facilities, including 
living quarters for officers, agents, and personnel; 
(2) acquire, by purchase, donation, or exchange, 
land or any interest in land determined to be nec-
essary to carry out the Commissioner’s duties under 
this section; and 
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(3) construct additional ports of entry along the 
southern border and the northern border. 
(b) CONSULTATION.— 
(1) LOCATIONS FOR NEW PORTS OF ENTRY.— 
The Secretary of Homeland Security shall consult 
with the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of State, the International 
Boundary and Water Commission, the International 
Joint Commission, and appropriate representatives 
of States, local governments, Indian tribes, and 
property owners to— 
(A) determine locations for new ports of 
entry; and 
(B) minimize adverse impacts from such 
ports on the environment, historic and cultural 
resources, commerce, and quality of life for the 
communities and residents located near such 
ports. 
(2) ACQUISITION OF LEASEHOLD INTEREST.— 
The Secretary of Homeland Security may acquire a 
leasehold interest in real property, and may con-
struct or modify any facility on the leased property, 
if the Secretary determines that the acquisition of 
such interest, and such construction or modification, 
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are necessary to facilitate the implementation of this 
Act. 
(3) CONSTRUCTION OF BORDER CONTROL FA-
CILITIES.—Subject to the availability of appropria-
tions, the Secretary may construct all-weather roads 
and acquire additional vehicle barriers and facilities 
necessary to maintain and enhance operational con-
trol of the international borders of the United 
States. 
SEC. 140. PORTS OF ENTRY INFRASTRUCTURE AND OPER-
ATIONS 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 and 
Operations Assessment Study prepared by United States 
Customs and Border Protection in accordance with the 
matter relating to the ports of entry infrastructure assess-
ment 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 
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of Management and Budget, the Secretary, and the Com-
missioner of U.S. Customs and Border Protection. 
(c) CONTENT.—Each updated study required in sub-
section (a) shall— 
(1) identify port of entry infrastructure and 
technology improvement projects that would enhance 
border security and facilitate the flow of legitimate 
travel and commerce if implemented; 
(2) identify port operations and practices (to in-
clude, but not be limited to training and staffing lev-
els) that would enhance border security and facili-
tate the flow of legitimate individual travel and com-
merce if implemented; 
(3) establish a process to identify and prioritize 
needs at ports for shelter from the elements, Ameri-
cans with Disability Act compliance, and related 
issues; 
(4) include the projects identified in the Na-
tional Land Border Ports of Entry Security Plan re-
quired by section 141; and 
(5) prioritize the projects described in para-
graphs (1), (2), (3), and (4) based on the ability of 
a project to— 
(A) fulfill immediate security requirements; 
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(B) facilitate trade across the borders of 
the United States; 
(C) facilitate individual travel; and 
(D) reduce individual and commercial wait 
times for pedestrians and vehicles. 
(d) PROJECT IMPLEMENTATION.—The Commissioner 
shall implement the infrastructure, operations, and tech-
nology improvement 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. 
SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECU-
RITY PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, and annually thereafter, 
the Secretary, after consultation with representatives of 
Federal, State, and local law enforcement agencies and 
private entities that are involved in international trade 
across Northern or Southern ports of entry, shall submit 
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146 
(B) the languages anticipated may be spo-
ken by individuals at the targeted site; 
(4) if such immigration-related enforcement ac-
tivities cannot be planned more than 24 hours in ad-
vance, notify SSAs in a timely fashion before the ac-
tivity commences or, if this is not possible, imme-
diately following the commencement of such activity; 
(5) provide SSAs with ongoing confidential ac-
cess to individuals apprehended by the Department 
of Homeland Security or any entity operating under 
agreement with the Department of Homeland Secu-
rity within six hours of the individual’s apprehen-
sion, to assist the Department of Homeland Security 
in determining if he or she is a member of a vulner-
able population as described in section 160(a)(2); 
(6) notify local law enforcement of the specific 
area of the State that will be affected by such immi-
gration-related enforcement activity not later than 
24 hours before the commencement of such activity 
or, if such immigration-related enforcement activity 
cannot be planned more than 24 hours in advance, 
notify local law enforcement in a timely fashion be-
fore the activity commences, or if this is not pos-
sible, immediately following the commencement of 
such activity; 
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147 
(7) provide all Department of Homeland Secu-
rity personnel, personnel from entities under agree-
ment with the Department of Homeland Security 
participating, SSAs, and medical personnel with de-
tailed instructions on what steps to take if they en-
counter individuals who are a member of a vulner-
able population; 
(8) ensure that not fewer than one independent 
certified interpreter who is fluent in Spanish or any 
language other than English spoken by more than 5 
percent of the target population of the immigration- 
related enforcement activity is available for in-person 
translation for every 5 individuals targeted by an 
immigration-related enforcement activity, and that 
the Department of Homeland Security and entities 
operating under agreement with the Department of 
Homeland Security utilize appropriate translation 
services where interpreters cannot or have not been 
retained prior to commencement of an immigration- 
related enforcement activity; 
(9) permit nonprofit legal service providers, or-
ganizations, and attorneys to offer free legal services 
to individuals subject to an immigration-related en-
forcement activity at the time of the apprehension of 
such individuals; and 
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167 
under agreement with the Department of Homeland 
Security about standards regarding enforcement ac-
tions concerning vulnerable populations and holding 
them accountable when such standards are violated; 
(18) the number of officials of the Department 
of Homeland Security disciplined for violations dur-
ing apprehensions and in making detention deci-
sions; 
(19) transfers of immigrants during the course 
of an immigration-related enforcement activity, in-
cluding— 
(A) whether the immigrants had access to 
legal counsel before being transferred; 
(B) whether the immigrant received notice 
of an impending transfer; and 
(C) whether the immigrant was evaluated 
for vulnerability under section 160(a) before 
being transferred; 
(20) apprehension procedures for immigration- 
related enforcement activities, and compliance with 
screening procedures for vulnerable populations; 
(21) recommendations for improving immigra-
tion-related enforcement activities and fugitive oper-
ations by reducing the negative impact on children 
and vulnerable populations; 
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245 
to an individual, the employer shall 
terminate the employment of the indi-
vidual after the expiration of the time 
period prescribed in paragraph (21) 
for the individual to file an adminis-
trative appeal of a final nonconfirma-
tion notice, unless the Secretary or 
the Commissioner stays the final non-
confirmation notice pending the reso-
lution of the administrative appeal, or 
a stay is issued pending judicial re-
view. 
‘‘(II) CONTINUED
EMPLOYMENT 
AFTER FINAL NONCONFIRMATION.—If 
the employer continues to employ (or 
to recruit or refer) an individual after 
the expiration of the period for the in-
dividual to file an administrative ap-
peal of a final nonconfirmation notice 
under paragraph (21) (unless the Sec-
retary or the Commissioner stayed the 
final nonconfirmation notice pending 
the resolution of the administrative 
appeal or a stay is issued pending ju-
dicial review), a rebuttable presump-
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