[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1196 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1196

   To improve the security clearance process along the United States-
Mexico border, to increase the number of detention beds, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2005

 Mr. Ortiz (for himself, Mr. Bonilla, Mr. Hinojosa, Mr. Gene Green of 
   Texas, Mr. Doggett, and Ms. Jackson-Lee of Texas) introduced the 
    following bill; which was referred to the Committee on Homeland 
  Security, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To improve the security clearance process along the United States-
Mexico border, to increase the number of detention beds, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The United States must have adequate infrastructure and 
        policies in place under the Department of Homeland Security to 
        protect against potential terrorists attempting to enter the 
        United States along the Southwest Border.
            (2) According to top government officials, several Al Qaeda 
        leaders believe operatives can pay their way into the country 
        through Mexico and also believe illegal entry is more 
        advantageous than legal entry for operational security reasons.
            (3) Official border patrol records reveal a disturbing 
        trend on the southern border indicating a growth in other than 
        Mexicans (OTMs), many from countries of interest, crossing into 
        the United States--between 2003 and 2004 the increase was at 
        least 35 percent.
            (4) Because of budget constraints, the U.S. Immigration and 
        Customs Enforcement Office of Detention and Removal does not 
        have sufficient bed space to detain all illegal immigrants from 
        special interest countries therefore releasing them on personal 
        recognizance.
            (5) The Department of Homeland Security estimates that up 
        to 90 percent of these immigrants do not appear for their 
        immigration hearings.
            (6) The Department of Homeland Security needs more 
        personnel at the borders with the necessary security clearances 
        and equipment to adequately screen and detain immigrants coming 
        to the United States.
            (7) The Secretary of Homeland Security should provide 
        appropriate training for inspectors, and associated support 
        staff, on an ongoing basis to utilize new technologies and to 
        ensure that the proficiency levels of such personnel are 
        acceptable to protect the borders of the United States.

SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS ALONG THE UNITED 
              STATES-MEXICO BORDER AND INCREASE IN DETENTION BEDS.

    (a) Improvement in Security Clearance Process.--The Secretary of 
Homeland Security shall--
            (1) expeditiously implement policies ensuring that 
        personnel of the Department of Homeland Security along the 
        United States-Mexico border have the security clearances 
        required to access information necessary to adequately screen 
        immigrants entering the United States at such border, including 
        IDENT and IAFIS databases and databases used by the 
        Department's inspectors in secondary inspections;
            (2) develop the interagency agreements and information 
        technology infrastructure necessary for border agents to 
        adequately screen immigrants entering the United States at such 
        border; and
            (3) explore information sharing programs with countries of 
        interest to adequately screen immigrants entering our borders.
    (b) Increase in Detention Beds.--Subject to the availability of 
appropriations, the Secretary of Homeland Security shall increase by 
the amount necessary the number of detention beds needed to detain all 
immigrants apprehended by U.S. Customs and Border Protection.
    (c) Sense of Congress.--It is the sense of the Congress that the 
Office of Detention and Removal Operation should be placed under the 
operational control of the Commissioner of U.S. Customs and Border 
Protection, since the largest client of such office is the Border 
Patrol.

SEC. 3. STUDY OF PERSONNEL LEVELS.

    (a) In General.--The Secretary of Homeland Security shall contract 
with an independent entity to undertake a study to determine the 
necessary level and allocation of personnel, including support staff, 
at United States ports of entry and border patrol sectors.
    (b) Items to Be Included.--Such study shall take into account at 
least the following:
            (1) The overall mission of U.S. Customs and Border 
        Protection.
            (2) Threat and vulnerability information pertaining to the 
        Nation's borders and ports of entry
            (3) The impact of new border security programs, policies 
        and technologies, and the level of cross-training received by 
        all staff.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees, as defined in section 2(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(2)), a report on the study conducted 
under this section.

SEC. 4. ONGOING TRAINING OF BORDER SECURITY PERSONNEL.

    The Secretary of Homeland Security shall provide appropriate 
training for all border security personnel, and associated support 
staff on an ongoing basis to utilize new technologies and to ensure 
that the proficiency levels of such personnel are acceptable to protect 
the borders of the United States.

SEC. 5. PROMPT AND PROPER ENFORCEMENT.

    (a) Sense of Congress.--It is the sense of the Congress that--
            (1) prosecutors and immigration judges are critical for the 
        prompt and proper enforcement of our immigration laws, and are 
        an important part of a comprehensive strategy; and
            (2) an insufficient number of prosecutors and immigration 
        judges currently exists to enforce the immigration laws of the 
        United States.
    (b) Authorization.--There are hereby authorized to be appropriated 
amounts necessary to provide for appropriate staff increases for 
judicial and prosecutorial offices, commensurate with other personnel 
increases directed in this Act.

SEC. 6. REPORT ON DETENTION AND REMOVAL OPERATIONS.

    (a) In General.--The Secretary of Homeland Security shall submit to 
the appropriate congressional committees (as defined in section 2(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(2))) a report on 
detention and removal operations, detailing the amount of additional 
detention space and resources required to detain all persons presenting 
a possible threat to homeland security.
    (b) Information to Be Included.--The report shall include 
information on--
            (1) alternatives to detention, including electronic 
        monitoring, telephone, and voice recognition programs for those 
        on bond, and conducting deportation proceedings prior to 
        prisoners' release from Federal, State, and local prisons; and
            (2) countries to which removal is problematic.

SEC. 7. COMPREHENSIVE BORDER SECURITY STRATEGY.

    The Secretary of Homeland Security, in consultation with the heads 
of all other Federal agencies with border-related functions or with 
facilities or lands on or along the border, shall submit to the 
appropriate congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) unclassified and 
classified versions of a unified, comprehensive strategy to secure the 
land borders of the United States. Such strategy shall be submitted not 
later than 6 months after the date of the enactment of this Act and 
shall include a description of the actions already taken to implement 
the strategy.
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