instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Lead in Drinking Water 
Act''.

SEC. 2. REDUCING LEAD IN DRINKING WATER.

    (a) Definition of Lead Service Line.--Section 1401 of the Safe 
Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the 
following new paragraph:
            ``(17) Lead service line.--The term `lead service line' 
        means a service line that is not lead free (within the meaning 
        of section 1417).''.
    (b) Replacing Lead Service Lines.--Section 1417 of the Safe 
Drinking Water Act (42 U.S.C. 300g-6) is amended by adding at the end 
the following:
    ``(f) Replacing Lead Service Lines.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) an owner or operator of a public 
                        water system;
                            ``(ii) a qualified nonprofit organization, 
                        as determined by the Administrator; or
                            ``(iii) a municipality or a State, 
                        interstate, or intermunicipal agency.
                    ``(B) Lead pipe replacement program.--The term 
                `lead pipe replacement program' means a project or 
                activity the primary purpose of which is to eliminate 
                lead in water for human consumption by--
                            ``(i) replacing lead service lines;
                            ``(ii) testing, planning, or carrying out 
                        other relevant activities, as determined by the 
                        Administrator, to identify the location and 
                        condition of lead service lines; or
                            ``(iii) providing assistance to low-income 
                        homeowners to replace privately owned lead 
                        service lines.
                    ``(C) Low-income homeowner.--The term `low-income 
                homeowner' has such meaning as may be given the term by 
                the Governor of the applicable State.
            ``(2) Grant program.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Administrator shall establish a grant program to 
                provide assistance to eligible entities for lead pipe 
                replacement programs.
                    ``(B) Evaluation.--In determining whether to 
                provide assistance to an eligible entity under this 
                subsection, the Administrator shall evaluate whether 
                the eligible entity has--
                            ``(i) a current inventory of lead service 
                        lines in the applicable public water system;
                            ``(ii) a plan to notify customers of such 
                        public water system of the replacement of any 
                        publicly owned portion of a lead service line;
                            ``(iii) a plan to replace the privately 
                        owned portion of a lead service line at the 
                        cost of replacement;
                            ``(iv) a plan for a program of assistance 
                        to low-income homeowners to replace the 
                        privately owned portion of lead service lines; 
                        or
                            ``(v) a plan of recommended measures to 
                        avoid exposure of the public to short-term 
                        increases in lead levels following a lead 
                        service line replacement.
                    ``(C) Priority application.--In providing 
                assistance under this subsection, the Administrator 
                shall give priority to an eligible entity that--
                            ``(i) will carry out a lead pipe 
                        replacement program at a public water system 
                        that has exceeded the lead action level 
                        established by the Administrator at any time 
                        during the 3-year period preceding the date of 
                        submission of the application of the eligible 
                        entity;
                            ``(ii) will address lead levels in water 
                        for human consumption at a school, daycare, or 
                        other facility that primarily serves children 
                        or subpopulations at greater risk as identified 
                        under section 1458(a);
                            ``(iii) will include in the lead pipe 
                        replacement program a program to provide 
                        assistance to low-income homeowners; or
                            ``(iv) addresses such priority criteria as 
                        the Administrator may establish, consistent 
                        with the goal of reducing lead in water for 
                        human consumption.
                    ``(D) Cost sharing.--
                            ``(i) In general.--Subject to clause (ii), 
                        the non-Federal share of the total cost of a 
                        program funded by a grant provided under this 
                        subsection shall be not less than 20 percent.
                            ``(ii) Waiver.--The Administrator may 
                        reduce or eliminate the non-Federal share 
                        required under clause (i) for reasons of 
                        affordability, as the Administrator determines 
                        to be appropriate.
                    ``(E) Low-income homeowner assistance.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity may use a grant provided 
                        under this subsection to provide assistance to 
                        low-income homeowners to replace privately 
                        owned lead service lines.
                            ``(ii) Limitation.--The amount of 
                        assistance provided to an individual low-income 
                        homeowner under this subparagraph shall not 
                        exceed $10,000.
            ``(3) Guidance.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall, in 
        cooperation with States and qualified nonprofit organizations, 
        develop guidance for owners and operators of public water 
        systems to assist such owners and operators in the preparation 
        of an inventory of lead service lines in their public water 
        system.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $100,000,000 for each of fiscal years 2017 through 2021.''.
answer:
Reducing Lead in Drinking Water Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a grant program to remove lead service lines from public water systems. Grant recipients may use grant funds to assist low-income homeowners with replacing privately owned lead service lines.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Retirement Security for Life Act of 
2004''.

SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAYMENTS.

    (a) Lifetime Annuity Payments Under Annuity Contracts.--Section 
72(b) of the Internal Revenue Code of 1986 (relating to exclusion 
ratio) is amended by adding at the end the following new paragraph:
            ``(5) Exclusion for lifetime annuity payments.--
                    ``(A) In general.--In the case of lifetime annuity 
                payments received under one or more annuity contracts 
                in any taxable year, gross income shall not include 50 
                percent of the portion of lifetime annuity payments 
                otherwise includible (without regard to this paragraph) 
                in gross income under this section. For purposes of the 
                preceding sentence, the amount excludible from gross 
                income in any taxable year shall not exceed $20,000.
                    ``(B) Cost-of-living adjustment.--In the case of 
                taxable years beginning after December 31, 2005, the 
                $20,000 amount in subparagraph (A) shall be increased 
                by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2004' 
                        for `calendar year 1992' in subparagraph (B) 
                        thereof.
                If any amount as increased under the preceding sentence 
                is not a multiple of $500, such amount shall be rounded 
                to the next lower multiple of $500.
                    ``(C) Application of paragraph.--Subparagraph (A) 
                shall not apply to--
                            ``(i) any amount received under an eligible 
                        deferred compensation plan (as defined in 
                        section 457(b)) or under a qualified retirement 
                        plan (as defined in section 4974(c)),
                            ``(ii) any amount paid under an annuity 
                        contract that is received by the beneficiary 
                        under the contract--
                                    ``(I) after the death of the 
                                annuitant in the case of payments 
                                described in subsection 
                                (c)(5)(A)(ii)(III), unless the 
                                beneficiary is the surviving spouse of 
                                the annuitant, or
                                    ``(II) after the death of the 
                                annuitant and joint annuitant in the 
                                case of payments described in 
                                subsection (c)(5)(A)(ii)(IV), unless 
                                the beneficiary is the surviving spouse 
                                of the last to die of the annuitant and 
                                the joint annuitant, or
                            ``(iii) any annuity contract that is a 
                        qualified funding asset (as defined in section 
                        130(d)), but without regard to whether there is 
                        a qualified assignment.
                    ``(D) Investment in the contract.--For purposes of 
                this section, the investment in the contract shall be 
                determined without regard to this paragraph.''.
    (b) Definitions.--Subsection (c) of section 72 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(5) Lifetime annuity payment.--
                    ``(A) In general.--For purposes of subsection 
                (b)(5), the term `lifetime annuity payment' means any 
                amount received as an annuity under any portion of an 
                annuity contract, but only if--
                            ``(i) the only person (or persons in the 
                        case of payments described in subclause (II) or 
                        (IV) of clause (ii)) legally entitled (by 
                        operation of the contract, a trust, or other 
                        legally enforceable means) to receive such 
                        amount during the life of the annuitant or 
                        joint annuitant is such annuitant or joint 
                        annuitant, and
                            ``(ii) such amount is part of a series of 
                        substantially equal periodic payments made not 
                        less frequently than annually over--
                                    ``(I) the life of the annuitant,
                                    ``(II) the lives of the annuitant 
                                and a joint annuitant, but only if the 
                                annuitant is the spouse of the joint 
                                annuitant as of the annuity starting 
                                date or the difference in age between 
                                the annuitant and joint annuitant is 15 
                                years or less,
                                    ``(III) the life of the annuitant 
                                with a minimum period of payments or 
                                with a minimum amount that must be paid 
                                in any event, or
                                    ``(IV) the lives of the annuitant 
                                and a joint annuitant with a minimum 
                                period of payments or with a minimum 
                                amount that must be paid in any event, 
                                but only if the annuitant is the spouse 
                                of the joint annuitant as of the 
                                annuity starting date or the difference 
                                in age between the annuitant and joint 
                                annuitant is 15 years or less.
                            ``(iii) Exceptions.--For purposes of clause 
                        (ii), annuity payments shall not fail to be 
                        treated as part of a series of substantially 
                        equal periodic payments--
                                    ``(I) because the amount of the 
                                periodic payments may vary in 
                                accordance with investment experience, 
                                reallocations among investment options, 
                                actuarial gains or losses, cost of 
                                living indices, a constant percentage 
                                applied not less frequently than 
                                annually, or similar fluctuating 
                                criteria,
                                    ``(II) due to the existence of, or 
                                modification of the duration of, a 
                                provision in the contract permitting a 
                                lump sum withdrawal after the annuity 
                                starting date, or
                                    ``(III) because the period between 
                                each such payment is lengthened or 
                                shortened, but only if at all times 
                                such period is no longer than one 
                                calendar year.
                    ``(B) Annuity contract.--For purposes of 
                subparagraph (A) and subsections (b)(5) and (w), the 
                term `annuity contract' means a commercial annuity (as 
                defined by section 3405(e)(6)), other than an endowment 
                or life insurance contract.
                    ``(C) Minimum period of payments.--For purposes of 
                subparagraph (A), the term `minimum period of payments' 
                means a guaranteed term of payments that does not 
                exceed the greater of 10 years or--
                            ``(i) the life expectancy of the annuitant 
                        as of the annuity starting date, in the case of 
                        lifetime annuity payments described in 
                        subparagraph (A)(ii)(III), or
                            ``(ii) the life expectancy of the annuitant 
                        and joint annuitant as of the annuity starting 
                        date, in the case of lifetime annuity payments 
                        described in subparagraph (A)(ii)(IV).
                For purposes of this subparagraph, life expectancy 
                shall be computed with reference to the tables 
                prescribed by the Secretary under paragraph (3). For 
                purposes of subsection (w)(1)(C)(ii), the permissible 
                minimum period of payments shall be determined as of 
                the annuity starting date and reduced by one for each 
                subsequent year.
                    ``(D) Minimum amount that must be paid in any 
                event.--For purposes of subparagraph (A), the term 
                `minimum amount that must be paid in any event' means 
                an amount payable to the designated beneficiary under 
                an annuity contract that is in the nature of a refund 
                and does not exceed the greater of the amount applied 
                to produce the lifetime annuity payments under the 
                contract or the amount, if any, available for 
                withdrawal under the contract on the date of death.''.
    (c) Recapture Tax for Lifetime Annuity Payments.--Section 72 of the 
Internal Revenue Code of 1986 is amended by redesignating subsection 
(w) as subsection (x) and by inserting after subsection (v) the 
following new subsection:
    ``(w) Recapture Tax for Modifications to or Reductions in Lifetime 
Annuity Payments.--
            ``(1) In general.--If any amount received under an annuity 
        contract is excluded from income by reason of subsection (b)(5) 
        (relating to lifetime annuity payments), and--
                    ``(A) the series of payments under such contract is 
                subsequently modified so any future payments are not 
                lifetime annuity payments,
                    ``(B) after the date of receipt of the first 
                lifetime annuity payment under the contract an 
                annuitant receives a lump sum and thereafter is to 
                receive annuity payments in a reduced amount under the 
                contract, or
                    ``(C) after the date of receipt of the first 
                lifetime annuity payment under the contract the dollar 
                amount of any subsequent annuity payment is reduced and 
                a lump sum is not paid in connection with the 
                reduction, unless such reduction is--
                            ``(i) due to an event described in 
                        subsection (c)(5)(A)(iii), or
                            ``(ii) due to the addition of, or increase 
                        in, a minimum period of payments within the 
                        meaning of subsection (c)(5)(C) or a minimum 
                        amount that must be paid in any event (within 
                        the meaning of subsection (c)(5)(D)),
        then gross income for the first taxable year in which such 
        modification or reduction occurs shall be increased by the 
        recapture amount.
            ``(2) Recapture amount.--
                    ``(A) In general.--For purposes of this subsection, 
                the recapture amount shall be the amount, determined 
                under rules prescribed by the Secretary, equal to the 
                amount that (but for subsection (b)(5)) would have been 
                includible in the taxpayer's gross income if the 
                modification or reduction described in paragraph (1) 
                had been in effect at all times, plus interest for the 
                deferral period at the underpayment rate established by 
                section 6621.
                    ``(B) Deferral period.--For purposes of this 
                subsection, the term `deferral period' means the period 
                beginning with the taxable year in which (without 
                regard to subsection (b)(5)) the payment would have 
                been includible in gross income and ending with the 
                taxable year in which the modification described in 
                paragraph (1) occurs.
            ``(3) Exceptions to recapture tax.--Paragraph (1) shall not 
        apply in the case of any modification or reduction that occurs 
        because an annuitant--
                    ``(A) dies or becomes disabled (within the meaning 
                of subsection (m)(7)),
                    ``(B) becomes a chronically ill individual within 
                the meaning of section 7702B(c)(2), or
                    ``(C) encounters hardship.''.
    (d) Lifetime Distributions of Life Insurance Death Benefits.--
            (1) In general.--Section 101(d) of the Internal Revenue 
        Code of 1986 (relating to payment of life insurance proceeds at 
        a date later than death) is amended by adding at the end the 
        following new paragraph:
            ``(4) Exclusion for lifetime annuity payments.--
                    ``(A) In general.--In the case of amounts to which 
                this subsection applies, gross income shall not include 
                the lesser of--
                            ``(i) 50 percent of the portion of lifetime 
                        annuity payments otherwise includible in gross 
                        income under this section (determined without 
                        regard to this paragraph), or
                            ``(ii) the amount in effect under section 
                        72(b)(5).
                    ``(B) Rules of section 72(b)(5) to apply.--For 
                purposes of this paragraph, rules similar to the rules 
                of section 72(b)(5) and section 72(w) shall apply, 
                substituting the term `beneficiary of the life 
                insurance contract' for the term `annuitant' wherever 
                it appears, and substituting the term `life insurance 
                contract' for the term `annuity contract' wherever it 
                appears.''.
            (2) Conforming amendment.--Section 101(d)(1) of such Code 
        is amended by inserting ``or paragraph (4)'' after ``to the 
        extent not excluded by the preceding sentence''.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to amounts received in calendar years beginning after the 
        date of the enactment of this Act.
            (2) Special rule for existing contracts.--In the case of a 
        contract in force on the date of the enactment of this Act that 
        does not satisfy the requirements of section 72(c)(5)(A) of the 
        Internal Revenue Code of 1986 (as added by this section), or 
        requirements similar to such section 72(c)(5)(A) in the case of 
        a life insurance contract), any modification to such contract 
        (including a change in ownership) or to the payments thereunder 
        that is made to satisfy the requirements of such section (or 
        similar requirements) shall not result in the recognition of 
        any gain or loss, any amount being included in gross income, or 
        any addition to tax that otherwise might result from such 
        modification, but only if the modification is completed prior 
        to the date that is 2 years after the date of the enactment of 
        this Act.
answer:
Retirement Security for Life Act of 2004 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2006.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Responsibility 
Act 2009''.

SEC. 2. PURPOSE.

    The purposes of this Act are to provide a means whereby Federal 
lands and resources along the United States-Mexico border are provided 
the highest protection possible from the effects of unauthorized 
immigration, human and drug smuggling, and border enforcement 
activities, while ensuring that all operations necessary to achieve 
border security are undertaken.

SEC. 3. DEFINITIONS.

    In this Act:
     (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.--The term ``Secretary'' means the Secretary of 
Homeland Security.
    (c) Secretary Concerned.--The term ``Secretary concerned'' means 
the Secretary of Agriculture with respect 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

SEC. 4. BORDER PROTECTION STRATEGY.

    (a) Border Protection Strategy.--
            (1) In general.--Not later than September 30, 2009, the 
        Secretary, the Secretary of the Interior, the Secretary 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 Congress a 
        border protection strategy for the international land borders 
        of the United States.
            (2) Elements of the strategy.--The strategy developed in 
        accordance with paragraph (1) shall include the following 
        components:
                    (A) A comparative analysis of the levels of 
                operational control, based on auditable and verifiable 
                data, achievable through alternative tactical 
                infrastructure and other security measures. Measures 
                assessed shall include, at a minimum--
                            (i) pedestrian fencing;
                            (ii) vehicle barriers, especially in areas 
                        in the vicinity of existing or planned roads;
                            (iii) additional Border Patrol agents;
                            (iv) efficacy of natural barriers and open 
                        space in response to unauthorized or unlawful 
                        border crossing;
                            (v) fielding of advanced remote sensing and 
                        information integration technology, including 
                        the use of unmanned aerial vehicles and other 
                        advanced technologies and systems, including 
                        systems developed and employed, or under 
                        development, for tactical surveillance, multi-
                        source information integration, and response 
                        analysis in difficult terrain and under adverse 
                        environmental conditions;
                            (vi) regional as well as urban and rural 
                        variation in border security methodologies, and 
                        incorporation of natural barriers;
                            (vii) enhanced cooperation with, and 
                        assistance to, intelligence, security, and law 
                        enforcement agencies in Mexico and Canada in 
                        detecting, reporting, analyzing, and 
                        successfully responding to unauthorized or 
                        unlawful border crossings from or into Mexico 
                        or Canada; and
                            (viii) removal of obstructive non-native 
                        vegetation.
                    (B) A comprehensive analysis of cost and other 
                impacts of security measures assessed in subparagraph 
                (A), including an assessment of--
                            (i) land acquisition costs, including 
                        related litigation and other costs;
                            (ii) construction costs, including both 
                        labor and material costs;
                            (iii) maintenance costs over 25 years;
                            (iv) contractor costs;
                            (v) management and overhead costs;
                            (vi) the impacts on wildlife, wildlife 
                        habitat, natural communities, and functioning 
                        cross-border wildlife migration corridors and 
                        hydrology (including water quantity, quality, 
                        and natural hydrologic flows) on Federal, 
                        tribal, State, local, and private lands along 
                        the border;
                            (vii) costs of fully mitigating the adverse 
                        impacts to Federal, tribal, State, local, and 
                        private 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 corridors with protected corridors of 
                        equivalent biological functionality, as 
                        determined by each Secretary concerned, in 
                        consultation with appropriate authorities of 
                        tribal, State, and local governments and 
                        appropriate authorities of Mexico and Canada; 
                        and
                            (viii) the impacts on culture, safety, and 
                        quality of life on residents in the vicinity of 
                        the border.
                    (C) A comprehensive compilation of the fiscal 
                investments in acquiring or managing Federal, tribal, 
                state, local, and private lands and waters in the 
                vicinity of, or ecologically related to, the land 
                borders of the United States that have been acquired or 
                managed in whole or in part for conservation purposes 
                (including the creation or management of protected 
                wildlife migration corridors) in--
                            (i) units of the National Park System;
                            (ii) National Forest System land;
                            (iii) land under the jurisdiction of the 
                        Bureau of Land Management;
                            (iv) land under the jurisdiction of the 
                        United States Fish and Wildlife Service;
                            (v) other relevant land under the 
                        jurisdiction of the Department of the Interior 
                        or the Department of Agriculture;
                            (vi) land under the jurisdiction of the 
                        Department of Defense or the individual 
                        military department;
                            (vii) land under the jurisdiction of the 
                        Department of Commerce;
                            (viii) tribal lands;
                            (ix) State and private lands; and
                            (x) lands within Mexico and Canada.
                    (D) Recommendations for strategic border security 
                management based on comparative security as detailed in 
                subparagraph (A), the cost-benefit analysis as detailed 
                in subparagraph (B), as well as protection of 
                investments in public lands specified in subparagraph 
                (C).
            (3) Training.--
                    (A) Required training.--The Secretary, in 
                cooperation with the Secretary concerned, shall 
                provide--
                            (i) 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
                            (ii) cultural resource training for Customs 
                        and Border Protection agents and other Federal 
                        personnel assigned to plan or oversee the 
                        construction or operation of border security 
                        tactical infrastructure or to patrol tribal 
                        lands.
                    (B) Additional considerations.--In developing and 
                providing training under clause (i) of subparagraph 
                (A), the Secretary shall coordinate with the Secretary 
                concerned and the relevant tribal government to ensure 
                that such training is appropriate to the mission of the 
                relevant agency and is focused on achieving border 
                security objectives while avoiding or minimizing the 
                adverse impact on natural and cultural resources 
                resulting from border security tactical infrastructure, 
                operations, or other activities.

SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND 
              BORDERS OF THE UNITED STATES.

    (a) In General.--Section 102 of the Illegal Immigration 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 Security 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 accordance with the border protection strategy developed 
under section 4(a) of the Border Security and Responsibility Act of 
2009.
    ``(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 non-native vegetation, incorporation of natural barriers, 
additional manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques.
    ``(c) Consultation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall consult with the Secretary 
        of the Interior, the Secretary of Agriculture, the Secretary of 
        Defense, Secretary of Commerce, States, local governments, 
        tribal governments, 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 government, 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 applicable 
                Federal, State, local, or tribal law.
            ``(3) Limitation on requirements.--Notwithstanding 
        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 Secretary 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 communities and residents along the border likely to result 
        from the use or placement of such resources outweigh the 
        benefits of such use or placement.''.
    (b) Preconditions.--In fulfilling the requirements of section 102 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, as amended by this section, the Secretary of Homeland Security 
shall not commence any construction of fencing, physical barriers, 
roads, lighting, cameras, sensors, or other tactical infrastructure 
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 thereto, prior to 90 days following the submission to 
Congress of the border protection strategy required under section 4(a) 
of this Act.

SEC. 6. BORDERLANDS MONITORING AND MITIGATION.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the Interior, the Secretary of Agriculture, the Secretary of 
Defense, the Secretary of Commerce, and the heads of appropriate State 
and tribal wildlife agencies and entities, shall develop and implement 
a comprehensive monitoring and mitigation plan to address the 
ecological and environmental impacts of border security 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, measures to address and mitigate the 
full range of ecological and environmental impacts of border security 
infrastructure, 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, protected, or of concern) remain viable and 
        are able to adapt to the impacts of climate change;
            (2) addressing control of invasive species and implementing 
        measures necessary to avoid the spread of such species;
            (3) maintaining hydrological functionality, including water 
        quantity and quality;
            (4) incorporating adaptive management, including 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 resources.
    (c) Preemption.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may, subject to paragraph (2), carry out the 
        mitigation plan required under subsection (a) on any Federal, 
        State, local, tribal, or private lands in the vicinity of or 
        ecologically related to an international land border of the 
        United States regardless of which individual, agency, or entity 
        has ownership of or principal responsibility for the management 
        of any such lands.
            (2) Conditions.--Activities carried out pursuant to 
        paragraph (1) in connection with the mitigation plan shall be 
        carried out in full consultation with, and with the concurrence 
        of, the owner of, or entity with principal responsibility for, 
        the management of the lands described in such paragraph.
    (d) Administration.--
            (1) Authorization.--The Secretary of Homeland 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 required under subsection 
                (a) and if the costs of such activities are higher than 
                the costs associated with managing such lands in the 
                absence of such activities.
            (2) Exemption from reprogramming requirements.--Funds 
        transferred pursuant to the authorization under paragraph (1) 
        shall not be subject to reprogramming requirements.
            (3) Acceptance and use of donations.--The Secretary may 
        accept and use donations for the purpose of developing and 
        implementing the mitigation 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.--Notwithstanding any other 
provision of law, funds appropriated to the Department of Homeland 
Security for border security infrastructure and activities may be used 
by the Secretary to develop and implement the mitigation plan required 
under subsection (a).
answer:

Border Security and Responsibility Act 2009 - Directs the Secretary of Homeland Security (Secretary), the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, state, and local officials, to submit to Congress a border protection strategy for the international land borders of the United States. Specifies strategy elements.

Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise international land border security provisions, including: (1) eliminating existing southwest border fencing requirements; (2) requiring that border control actions be in accordance with the border strategy required under this Act; and (3) giving priority to the use of remote cameras, sensors, removal of nonnative vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques.

Prohibits construction of border fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure prior to 90 days after such border strategy's submission to Congress.

Directs the Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate state and tribal wildlife agencies, to implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of security infrastructure and activities along the international land borders of the United States. Specifies plan requirements.