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Title I — Securing America’s International Borders

H.R. 830 · 113th Congress · Feb 26, 2013 · Lineage

I Securing America’s International Borders

A Manpower, Technology, and Infrastructure Improvements

Sec. 101 Manpower

(a)
Border patrol agents— Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3734) is amended to read as follows:

“5202. Increase in full-time border patrol agents

“(a) Annual increases—The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by—

“(1) 1,500 in fiscal year 2014;

“(2) 1,000 in fiscal year 2015;

“(3) 1,000 in fiscal year 2016;

“(4) 1,000 in fiscal year 2017; and

“(5) 500 in fiscal year 2018.

“(b) Allocations—Of the Border Patrol agents hired under subsection (a), 80 percent shall be deployed along the southern border of the United States and 20 percent shall be deployed along the northern border of the United States.

“(c) Authorization of appropriations—The necessary funds are authorized to be appropriated for each of fiscal years 2014 through 2018 to carry out this section.”

(b)
Investigative personnel—
(1)
Additional investigative personnel for alien smuggling— In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2014 through 2018, the Secretary shall, subject to the availability of appropriations, increase by not less than 350 the number of positions for personnel within the Department assigned to specifically investigate alien smuggling.
(2)
Additional funds and personnel for the tunnel task force— Subject to appropriations, the fiscal year 2014 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and “coyotes” to smuggle narcotics, illegal aliens, and weapons, shall be increased by 50 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States.
(3)
Authorization of appropriations— The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section.
(c)
Recruitment of former members of the armed forces and members of reserve components of the armed forces—
(1)
Requirement for program— The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members (a member of a reserve component of the Armed Forces) or former members of the Armed Forces and National Guard to serve in United States Customs and Border Protection.
(2)
Report on recruitment incentives— Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the “appropriate” committees of Congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Patrol and Immigration and Customs Enforcement—
(A)
the Secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report; and
(B)
the Secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive.
(3)
Recommendations for recruitment incentives—
(A)
Maximum student loan repayments for united states border patrol agents with a two-year commitment— Section 5379(b) of title 5, United States Code, is amended by adding at the end the following:

“(4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security—

“(A) paragraph (2)(A) shall be applied by substituting “$20,000” for “$10,000”; and

“(B) paragraph (2)(B) shall be applied by substituting “$80,000” for “$60,000”.”

(B)
Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security— The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.
(4)
Definition— The term appropriate committees of Congress means—
(A)
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives; and
(B)
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.

Sec. 102 Technology

(a)
Equipment Sharing between Department of Homeland Security and Department of Defense— The Secretaries of these two departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered 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 prevent illegal immigration.
(b)
Report— Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains—
(1)
a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment;
(2)
the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and
(3)
a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.
(c)
Secure communication— The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite 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 respective Border Patrol stations; and
(3)
between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies.
(d)
Other Technology Upgrades— The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat.
(e)
Authorization of Appropriations— The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section.

Sec. 103 Infrastructure

(a)
Infrastructure Improvements— Subject to the availability of appropriations, the Secretary shall construct or purchase—
(1)
office facilities to accommodate additional border patrol manpower;
(2)
sport utility vehicles for officers;
(3)
all-weather roads for better vehicle access and performance on remote and rugged terrain (road construction should be done in consultation with the owner of the land and take into account any environmental or other land-use issues that are relevant);
(4)
additional fencing (and aesthetic fencing in business districts) in urban areas of the border; and
(5)
vehicle barriers, to support, not replace, manpower, in rural and remote areas of the border necessary to achieve operational control of the international borders of the United States.
(b)
Authorization of appropriations— The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section.

Sec. 104 Aerial vehicles and surveillance systems

(a)
Unmanned aerial vehicle pilot program— During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.
(b)
Unmanned aerial vehicles and associated infrastructure— The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as—
(1)
additional sensors;
(2)
satellite command and control; and
(3)
other necessary equipment for operational support.
(c)
Authorization of appropriations—
(1)
In general— There are authorized to be appropriated to the Secretary for each of the fiscal years 2014 and 2015 such sums as may be necessary to carry out subsection (b).
(2)
Availability of funds— Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended.
(d)
Aerial surveillance program—
(1)
In general— In conjunction with the border 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 and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border.
(2)
Assessment and consultation requirements— In developing the program under this subsection, the Secretary shall—
(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 technologies considered best suited to address respective threats;
(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; and
(D)
consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.
(3)
Authorization of Appropriations— The necessary funds are authorized to be appropriated to carry out this subsection.
(e)
Integrated and Automated Surveillance Program—
(1)
Requirement for program— Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a “virtual fence” along such international borders to provide a barrier to illegal immigration.
(2)
Program components— The Secretary shall ensure, to the maximum extent feasible, that—
(A)
the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the 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 cameras is able to be viewed at multiple designated communications centers;
(E)
a standard process is used to collect and record, 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 program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;
(H)
plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure;
(I)
standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible;
(J)
standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions; and
(K)
Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers.
(3)
Evaluation of contractors—
(A)
Requirement for standards— The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.
(B)
Review by the Comptroller General of the United States—
(i)
In general— The Comptroller General of the United States shall review each new contract related to the Program and should report to Congress regarding contracts with 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, program milestones, and schedules.
(ii)
Reports— The Comptroller General of the United States shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner.
(4)
Authorization of appropriations— The necessary funds are authorized to be appropriated to carry out this subsection.

B Strategies and Progress Reports for Securing America’s Borders

Sec. 111 National strategy to secure the borders

(a)
Requirement for national strategy— The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2019.
(b)
Content— The national strategy to secure the borders shall include the following:
(1)
An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.
(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 undertaken—
(A)
to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, 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 address security vulnerabilities.
(4)
An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.
(5)
A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.
(6)
An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, refugees and other vulnerable populations, as well as the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region.
(7)
A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.
(8)
A description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.
(9)
An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.
(10)
A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such strategy.
(11)
A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement 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—
(1)
State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and
(2)
appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.
(d)
Coordination— The national strategy for border 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 December 31, 2014, the Secretary shall submit to Congress the national strategy for border security.
(2)
Updates— The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.
(f)
Immediate Action— Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.

Sec. 112 Accountable financing of a secure border initiative

(a)
Comptroller General of the United States—
(1)
Action— If the Comptroller General of the United States becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the Secure Border Initiative, the Comptroller General of the United States shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to Congress and to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make said contract null and void.
(2)
Report— Upon the completion of each review described in paragraph (1), the Comptroller General of the United States shall submit to Congress and to the Secretary a report containing the findings of the review, including findings regarding—
(A)
cost overruns;
(B)
significant delays in contract execution;
(C)
lack of rigorous departmental contract management;
(D)
insufficient departmental financial oversight;
(E)
bundling that limits the ability of small businesses to compete; or
(F)
other high-risk business practices.
(b)
Reports by the Secretary—
(1)
In general— Not later than 30 days after the receipt of each report required under subsection (a)(2), the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, that describes the steps the Secretary has taken, or plans to take, to address the problems identified in such report.
(2)
Contracts with foreign companies— Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative.
(c)
Reports on United States Ports— Not later than 60 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Secretary of Homeland Security shall submit a report to Congress that describes—
(1)
the proposed purchase;
(2)
any security concerns related to the proposed purchase; and
(3)
the manner in which such security concerns have been addressed.

C Rapid Response Measures

Sec. 121 Deployment of border patrol agents

(a)
Emergency Deployment of Border Patrol Agents—
(1)
In general— If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as “agents”) from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.
(2)
Consultation— Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department’s ability to provide border security for any other State.
(3)
Collective bargaining— Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law.
(b)
Flexible Deployment of Border Patrol Agents— The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.

Sec. 122 Border patrol major assets

(a)
Control of Department of Homeland Security Assets— The Department of Homeland Security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.
(b)
Helicopters and Power Boats—
(1)
Helicopters— The Secretary shall increase the number of helicopters under the control of the Border Patrol and Immigration and Customs Enforcement (ICE). The Secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed.
(2)
Power boats— The Secretary 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 waterways in which they are used and the mission requirements.
(3)
Use and training— The Secretary shall—
(A)
establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and
(B)
implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.
(c)
Motor Vehicles—
(1)
Quantity— The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 4 agents with safety glass and other protections. 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 positioning system device that is activated solely in emergency situations to track the location of agents in distress.

Sec. 123 Electronic equipment

(a)
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 unique operational requirements of the Border Patrol.
(b)
Radio Equipment— The Secretary shall augment the existing radio communications system so that all law enforcement personnel, including Immigration and Customs Enforcement, working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.
(c)
Handheld Global Positioning System Devices— The Secretary shall ensure that Border Patrol agents are issued a state-of-the-art handheld global positioning system device for navigational purposes.
(d)
Night Vision Equipment— The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.

Sec. 124 Personal equipment

(a)
Body Armor— The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field.
(b)
Weapons— The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons.
(c)
Uniforms— The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly.

Sec. 125 Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this subtitle.

D Border Infrastructure and Technology Modernization

Sec. 131 Definitions

In this subtitle:
(1)
Commissioner— The term Commissioner means the Commissioner of United States Customs and Border Protection.
(2)
Northern border— The term northern border means the international border between the United States and Canada.
(3)
Southern border— The term southern border means the international border between the United States and Mexico.

Sec. 132 Expansion of commerce security programs

(a)
Customs-Trade Partnership Against Terrorism—
(1)
In general— Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961), including adding additional personnel for such programs, along the northern border and southern border, including the following programs:
(A)
The Business Anti-Smuggling Coalition.
(B)
The Carrier Initiative Program.
(C)
The Americas Counter Smuggling Initiative.
(D)
The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945).
(E)
The Free and Secure Trade Initiative.
(F)
Other industry partnership programs administered by the Commissioner.
(b)
Demonstration Program— Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security.

E Other Border Security Initiatives

Sec. 141 Alien smuggling and terrorism prevention

(a)
Checks against terrorist watchlist— The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States.
(b)
Strengthening prosecution and punishment of alien smugglers— Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended—
(1)
by amending the subsection heading to read as follows: “Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.—”; and
(2)
by amending paragraphs (1) through (2) to read as follows:

“(1)

“(A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly—

“(i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual;

“(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States;

“(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or

“(iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation;

“(B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

“(C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs—

“(i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life;

“(ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both;

“(iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both;

“(iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both;

“(v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years;

“(vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both;

“(vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and

“(viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.

“(2)

“(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1).

“(B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant—

“(i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and

“(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore.

“(C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

“(D) For purposes of this paragraph and paragraph (1)—

“(i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and

“(ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved.”

(c)
Maritime law enforcement—
(1)
Penalties— Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:

“(b) Whoever intentionally violates this section shall—

“(1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both;

“(2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both;

“(3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and

“(4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both.”

(2)
Limitation on necessity defense— Section 2237(c) of title 18, United States Code, is amended—
(A)
by inserting “(1)” after “(c)”; and
(B)
by adding at the end the following:

“(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant—

“(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel;

“(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and

“(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.”

(3)
Definition— Section 2237(e) of title 18, United States Code, is amended—
(A)
by striking “and” at the end of paragraph (4);
(B)
by striking the period at the end of paragraph (5) and inserting “; and”; and
(C)
by adding at the end the following:

“(6) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.”

(d)
Amendment to the sentencing guidelines—
(1)
In general— Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.
(2)
Considerations— In carrying out this section, the Sentencing Commission, shall—
(A)
consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that—
(i)
involve a pattern of continued and flagrant violations;
(ii)
are part of an ongoing commercial organization or enterprise;
(iii)
involve aliens who were transported in groups of 10 or more;
(iv)
involve the transportation or abandonment of aliens in a manner that endangered their lives; or
(v)
involve the facilitation of terrorist activity; and
(B)
consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder.
(3)
Expedited procedures— The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

Sec. 142 Border security on certain Federal land

(a)
Definitions— In this section:
(1)
Protected land— The term protected land means land under the jurisdiction of the Secretary concerned.
(2)
Secretary concerned— The term Secretary concerned means—
(A)
with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
(B)
with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
(b)
Border Protection Strategy— The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects—
(1)
units of the National Park System;
(2)
National Forest System land;
(3)
land under the jurisdiction of the United States Fish and Wildlife Service and Bureau of Land Management; and
(4)
other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture.
(c)
Additional uniformed law enforcement officers and special agents of the Department of the Interior— There are authorized to be appropriated to the Secretary of the Interior for employment of uniformed law enforcement officers and special agents, in addition to the number of such officers and agents employed immediately before the enactment of this Act, such sums as may be necessary for—
(1)
22 such officers of the United States Fish and Wildlife Service, including—
(A)
4 for California;
(B)
9 for Arizona;
(C)
2 for New Mexico; and
(D)
7 for Texas;
(2)
2 such agents of the United States Fish and Wildlife Service, for Texas;
(3)
22 such officers of the National Park Service, including—
(A)
13 for Arizona; and
(B)
9 for Texas;
(4)
2 such agents of the National Park Service, for Texas;
(5)
19 such officers of the Bureau of Land Management, including—
(A)
5 for California;
(B)
4 for Arizona;
(C)
4 for New Mexico; and
(D)
6 for Texas;
(6)
2 such agents of the Bureau of Land Management, including—
(A)
1 for California;
(B)
2 for Arizona; and
(C)
1 for New Mexico; and
(7)
one such agent of the Bureau of Indian Affairs, for Texas.
(d)
Additional Special Assistant United States Attorney— There are authorized to be appropriated to the Attorney General such sums as may be necessary to increase by 1 the number of special assistant United States attorneys in the district of Arizona dedicated to prosecution of cases generated by the Secretary of the Interior, in addition to the number of such attorneys appointed immediately before the enactment of this Act.