S.Amdt. 1410

1. 1

   Change 1: Adds SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES WITHOUT A WARRANT on page 934, line 25

   Adds a sectionPrinted page

   Inserted: SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES WITHOUT A WARRANT.

   Inserted: (a) In General.--Section 287(a) (8 U.S.C. 1357(a)) is amended--

   Inserted: (1) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

   Inserted: (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

   Inserted: (3) by redesignating paragraphs (4) and (5) as subparagraphs (E) and (F), respectively;

   Inserted: (4) in the matter preceding subparagraph (A), as so redesignated--

   Inserted: (A) by inserting "(1)" before "Any officer";

   Inserted: (B) by striking "Service" and inserting "Department of Homeland Security"; and

   Inserted: (C) by striking "Attorney General" and inserting "Secretary of Homeland Security";

   Inserted: (5) by striking paragraph (1)(C), as so redesignated and inserting the following:

   Inserted: "(C) within a distance of 25 air miles from any external boundary of the United States, or such distance as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

   Inserted: "(D) within a distance of 10 air miles from any such external boundary, or such distance as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;";

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   Inserted: (6) by inserting after the flush text at the end of subparagraph (F), as so redesignated, the following:

   Inserted: "(2)(A)(i) The Secretary of Homeland Security may establish for a sector or district a distance less than or greater than 25 air miles, but in no case greater than 100 air miles, as the maximum distance from an external boundary of the United States in which the authority described in paragraph (1)(C) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

   Inserted: "(ii) The Secretary of Homeland Security may establish for a sector or district a distance less than or greater than 10 air miles, but in no case greater than 25 air miles, as the maximum distance from an external boundary of the United States in which the authority described in paragraph (1)(D) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

   Inserted: "(B) In making the certifications described in subparagraph (A), the Secretary shall consider, as appropriate, land topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, reliable information as to movements of persons effecting illegal entry into the United States, effects on private property and quality of life for relevant communities and residents, consultations with affected State, local, and tribal governments, including the governor of any relevant State, and other factors that the Secretary considers appropriate.

   Inserted: "(C) A certification made under subparagraph (A) shall be valid for a period of 5 years and may be renewed for additional 5-year periods. If the Secretary finds at any time that circumstances no longer justify a certification, the Secretary shall terminate the certification.

   Inserted: "(D) The Secretary shall report annually to the Committee on the Judiciary and Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and Committee on Homeland Security of the House of Representatives the number of certifications made under subparagraph (A), and for each such certification, the sector or district and reasonable distance prescribed, the period of time the certification has been in effect, and the factors justifying the certification.".

   Inserted: (b) Technical and Conforming Amendments.--

   Inserted: (1) Authorities without a warrant.--In section 287(a) (8 U.S.C. 1357(a)), the undesignated matter following paragraph (2), as added by subsection (a)(5), is amended--

   Inserted: (A) by inserting "(3)" before "Under regulations";

   Inserted: (B) by striking "paragraph (5)(B)" both places that term appears and inserting "subparagraph (F)(ii)";

   Inserted: (C) by striking "(i)" and inserting "(A)";

   Inserted: (D) by striking "(ii) establish" and inserting "(B) establish";

   Inserted: (E) by striking "(iii) require" and inserting "(C) require"; and

   Inserted: (F) by striking "clause (ii), and (iv)" and inserting "subparagraph (B), and (D)".

   Inserted: (2) Conforming amendment.--Section 287(e) (8 U.S.C. 1357(e)) is amended by striking "paragraph (3) of subsection (a)," and inserting "subsection (a)(1)(D),".

   Original wording

   On page 934, after line 25, add the following:

2. 2

   Change 2: Rewrites page 937, lines 3–9

   ReplacesPrinted page

   Removes page 937, lines 3–9 of the printed bill. See that page

   Inserted: SEC. 1118. PROHIBITION ON NEW LAND BORDER CROSSING FEES.

   Inserted: (a) In General.--Beginning on the date of the enactment of this Act, the Secretary shall not--

   Inserted: (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or

   Inserted: (2) conduct any study relating to the imposition of a border crossing fee.

   Inserted: (b) Border Crossing Fee Defined.--In this section, the term "border crossing fee" means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.

   Original wording

   On page 937, strike lines 3 through 9 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed