II 109th CONGRESS 2d Session S. 3892 IN THE SENATE OF THE UNITED STATES September 14, 2006 Mr. Frist (for himself, Mr. McCain, and Mrs. Hutchison) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reduce the number of deaths along the border between the United States and Mexico by improving the placement of rescue beacons, and for other purposes.

1.

Short title

This Act may be cited as the Border Death Reduction Act of 2006.

2.

Definition of a rescue beacon

In this Act, the term rescue beacon means a clearly visible device with an internal power source that is placed in an area likely to experience extreme weather, that contains instructions for its use, and by means of lights, radio signals, and other means, allows individuals to alert the United States Customs and Border Protection of their presence.

3.

Collection of statistics

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Commissioner of Customs shall begin collecting data relevant to deaths occurring at the border between the United States and Mexico, divided by sector, and including— (1)the causes of the deaths; (2)the total number of deaths; (3)the location of deaths; and (4)demographic characteristics, including the sex and approximate age of those deceased. (b)

Development of protocols

The Commissioner of Customs shall develop consistent, formal, written protocols for the collection of data described in subsection (a).

4.

Annual report on border deaths

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Customs shall submit to the Secretary of Homeland Security a report that contains— (1)an analysis of trends with respect to the statistics collected under section (3)(a)(1) during the preceding year; (2)an evaluation, using multivariate statistical approaches, of the Border Safety Initiative, including any rescue beacons deployed, and any successor program designed to reduce deaths along the border described in section 3(a); and (3)recommendations of particular actions to reduce the deaths described in section 3(a).

5.

Report on beacon placement

(a)

Report required

Not later than 6 months after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Secretary of Homeland Security a report on enhancing the deployment of rescue beacons. (b)

Focus of report

Such report shall contain particular emphasis on enhancing the deployment of rescue beacons in the Tucson Sector. (c)

Contents of report

The report required by subsection (a) shall include— (1)an assessment of the efficacy of the deployment of rescue beacons in light of the statistics gathered under section 3, including analysis of the locations of deaths recorded and areas frequented by illegal migrants; and (2)recommendations on where additional rescue beacons should be placed to reduce the number of deaths in the area described by section 3 and section 5(b). (d)

Authorization of appropriations

There are authorized to be appropriated $500,000 to carry out the provisions of this section.

6.

Deployment of enhanced beacon network

(a)

Deployment of rescue beacons

Not later than 1 year after the date of the enactment of this Act, the Commissioner of Customs shall deploy additional rescue beacons in all areas recommended in the report required by section 5. (b)

Guidelines for placement of rescue beacons

Not later than 1 year after the date of the enactment of this Act, the Commissioner of Customs shall issue to all sector chiefs formal, written guidelines for the ongoing placement and removal of rescue beacons and the appropriate response to the activation of such beacons. (c)

Authorization of appropriations

There are authorized to be appropriated $1,500,000 to carry out the provisions of this section.

7.

Prohibition on abandonment of aliens in a border zone

(a)

In general

Any person who commits an act described in section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) and abandons an alien with respect to that act in a place not within sight of a paved road or rescue beacon, shall be considered to have placed in jeopardy the life of a person as described in section 274(a)(1)(B)(iii) of such Act (8 U.S.C. 1324(a)(1)(B)(iii)). (b)

Construction

Nothing in this section shall be construed to prohibit any person from being held in violation of section 274(a)(1)(B)(iii) of such Act (8 U.S.C. 1324 (B)(iii)).