[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6306 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6306

      To enhance the security of the borders of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2006

  Mr. Spratt introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
 the Judiciary, Government Reform, Armed Services, and Ways and Means, 
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 enhance the security of the borders of the United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration and 
Border Security Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--SECURING UNITED STATES BORDERS

Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Border patrol agents.
Sec. 108. Immigration enforcement agents.
Sec. 109. Port of entry inspection personnel.
Sec. 110. Canine detection teams.
Sec. 111. Secure border initiative financial accountability.
Sec. 112. Border patrol training capacity review.
Sec. 113. Airspace security mission impact review.
Sec. 114. Repair of private infrastructure on border.
Sec. 115. Report on progress in tracking travel of Central American 
                            gangs along international border.
Sec. 116. Collection of data.
Sec. 117. Deployment of radiation detection portal equipment at United 
                            States ports of entry.
Sec. 118. Sense of Congress regarding the Secure Border Initiative.
Sec. 119. Report regarding enforcement of current employment 
                            verification laws.
         TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

Sec. 201. Joint strategic plan for United States border surveillance 
                            and support.
Sec. 202. Border security on protected land.
Sec. 203. Border security threat assessment and information sharing 
                            test and evaluation exercise.
Sec. 204. Border Security Advisory Committee.
Sec. 205. Center of excellence for border security.
Sec. 206. Sense of Congress regarding cooperation with Indian Nations.
                    TITLE III--DETENTION AND REMOVAL

Sec. 301. Enhanced detention capacity.
Sec. 302. Increase in detention and removal officers.
Sec. 303. Expansion and effective management of detention facilities.
Sec. 304. Enhancing transportation capacity for unlawful aliens.
Sec. 305. Report on financial burden of repatriation.
Sec. 306. Training program.
Sec. 307. GAO study on deaths in custody.
      TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

Sec. 401. Enhanced border security coordination and management.
Sec. 402. Making Our Border Agencies Work.
TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND 
          WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER

 Subtitle A--Equipment Enhancements to Address Shortfalls to Securing 
                         United States Borders

Sec. 501. Emergency deployment of United States Border Patrol agents.
Sec. 502. Helicopters and power boats.
Sec. 503. Motor vehicles.
Sec. 504. Portable computers.
Sec. 505. Radio communications.
Sec. 506. Hand-held global positioning system devices.
Sec. 507. Night vision equipment.
Sec. 508. Body armor.
Sec. 509. Weapons.
 Subtitle B--Human Capital Enhancements to Improve the Recruitment and 
                 Retention of Border Security Personnel

Sec. 511. Maximum student loan repayments for United States Border 
                            Patrol agents.
Sec. 512. Recruitment and relocation bonuses and retention allowances 
                            for personnel of the Department of Homeland 
                            Security.
Sec. 513. Law enforcement retirement coverage for inspection officers 
                            and other employees.
Sec. 514. Increase United States Border Patrol agent and inspector pay.
Sec. 515. Compensation for training at Federal Law Enforcement Training 
                            Center.
    Subtitle C--Securing and Facilitating the Movement of Goods and 
                               Travelers

Sec. 521. Increase in full time United States Customs and Border 
                            Protection import specialists.
Sec. 522. Certifications relating to functions and import specialists 
                            of United States Custom and Border 
                            Protection.
Sec. 523. Expedited traveler programs.
TITLE VI--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL ALIENS

                      Subtitle A--Alien Smuggling

Sec. 601. Combating human smuggling.
Sec. 602. Reestablishment of the United States Border Patrol anti-
                            smuggling unit.
Sec. 603. New nonimmigrant visa classification to enable informants to 
                            enter the United States and remain 
                            temporarily.
Sec. 604. Adjustment of status when needed to protect informants.
Sec. 605. Rewards program.
Sec. 606. Outreach program.
Sec. 607. Establishment of a special task force for coordinating and 
                            distributing information on fraudulent 
                            immigration documents.
  Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

Sec. 611. Short title.
Sec. 612. Northern Border Prosecution Initiative.
Sec. 613. Authorization of appropriations.
                      Subtitle C--Criminal Aliens

Sec. 621. Removal of criminal aliens.
Sec. 622. Assistance for States incarcerating undocumented aliens 
                            charged with certain crimes.
Sec. 623. Reimbursement of States for indirect costs relating to the 
                            incarceration of illegal aliens.
Sec. 624. ICE strategy and staffing assessment.
Sec. 625. Congressional mandate regarding processing of criminal aliens 
                            while incarcerated.
Sec. 626. Increase in prosecutors and immigration judges and United 
                            States Marshals.
                     Subtitle D--Operation Predator

Sec. 631. Direct funding for Operation Predator.
  TITLE VII--FULFILLING FUNDING COMMITMENTS MADE IN THE INTELLIGENCE 
              REFORM AND TERRORISM PREVENTION ACT OF 2004

Sec. 701. Biometric center of excellence.
Sec. 702. Portal detection systems.
Sec. 703. Border security technologies for use between ports of entry.
Sec. 704. Immigration security initiative.
         TITLE VIII--STATE AND LOCAL LAW ENFORCEMENT PROVISIONS

Sec. 801. Agreements with State and local law enforcement agencies to 
                            identify and transfer to Federal custody 
                            criminal aliens.
Sec. 802. Improved Federal sharing of immigration information.
Sec. 803. State and local reporting of immigration information.
Sec. 804. DWI and immigration information in the National Criminal 
                            Information Center.
Sec. 805. State and local enforcement of Federal immigration laws.
Sec. 806. Detention and deportation of aliens for driving while 
                            intoxicated (DWI).
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Location and deportation of criminal aliens.
Sec. 902. Denying admission to foreign government officials of 
                            countries denying alien return.
Sec. 903. Border patrol training facility.
Sec. 904. Sense of Congress.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        it in section 2(2) of the Homeland Security Act of 2002 (6 
        U.S.C. 101(2)).
            (2) State.--The term ``State'' has the meaning given it in 
        section 2(14) of the Homeland Security Act of 2002 (6 U.S.C. 
        101(14)).

                TITLE I--SECURING UNITED STATES BORDERS

SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

    (a) In General.--The Secretary of Homeland Security shall take all 
actions the Secretary determines necessary and appropriate to achieve 
and maintain operational control over the entire international land and 
maritime borders of the United States, to include the following--
            (1) systematic surveillance of the international land and 
        maritime borders of the United States through more effective 
        use of personnel and technology, such as unmanned aerial 
        vehicles, ground-based sensors, satellites, radar coverage, and 
        cameras;
            (2) physical infrastructure enhancements to prevent 
        unlawful entry by aliens into the United States and facilitate 
        access to the international land and maritime borders by United 
        States Customs and Border Protection, such as additional 
        checkpoints, all weather access roads, and vehicle barriers; 
        and
            (3) increasing deployment of United States Customs and 
        Border Protection personnel to areas along the international 
        land and maritime borders of the United States where there are 
        high levels of unlawful entry by aliens and other areas likely 
        to be impacted by such increased deployment.
    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the prevention of the entry into the 
United States of terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband.
    (c) Deployment of Surveillance Systems Along U.S-MEXICO Border.--
            (1) Plan.--Not later than September 30, 2007, the Secretary 
        of Homeland Security shall develop a comprehensive plan to 
        fully deploy technological surveillance systems along the U.S.-
        Mexico border. Surveillance systems included in the deployment 
        plan must--
                    (A) Ensure continuous monitoring of every mile of 
                the U.S-Mexico border; and
                    (B) to the extent practicable, be fully 
                interoperable with existing surveillance systems, such 
                as the Integrated Surveillance Intelligence Systems 
                already in use by the Department of Homeland Security.
            (2) Additional elements.--Additionally, the deployment plan 
        should include, but not be limited to, the following elements:
                    (A) A description of the specific technology to be 
                deployed.
                    (B) An assessment of the success of existing 
                technologies to determine if one technology is better 
                than another, or whether there is a way to combine the 
                capabilities of various detection devices into a single 
                device.
                    (C) A description of the technological features of 
                surveillance systems allowing for compatibility, if 
                practicable, with existing surveillance technologies.
                    (D) A description of how the U.S. Border Patrol is 
                working, or will work, with the Directorate of Science 
                and Technology to analyze high altitude monitoring 
                technologies (such as unmanned aerial vehicles and 
                tethered aerostat radar systems) for use with land-
                based monitoring technologies.
                    (E) A description of how radiation portal monitors 
                will be deployed to ports of entry along the U.S.-
                Mexico border, and other border locations.
                    (F) A description of how K-9 detection units will 
                be increased along the U.S.-Mexico border.
                    (G) A description of how surveillance technology 
                will provide for continuous monitoring of the border.
                    (H) The identification of any obstacles that may 
                impede full implementation of the deployment plan.
                    (I) A detailed estimate of all costs associated 
                with the implementation of the deployment plan.
            (3) Deployment.--Not later than September 30, 2008, the 
        Secretary of Homeland Security shall fully implement the plan 
        described in subsection (a).
            (4) Report.--Not later than September 30, 2007, the 
        Secretary of Homeland Security shall submit the plan described 
        in subsection (a) to the appropriate congressional committee 
        (as defined in section 2 of the Homeland Security Act of 2002 
        (6 U.S.C. 101)).
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section $200,000,000 for 
        each of fiscal years 2007 and 2008, and such sums as may be 
        necessary for each succeeding fiscal year.

SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Surveillance Plan.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a comprehensive plan 
for the systematic surveillance of the international land and maritime 
borders of the United States. The plan shall include the following:
            (1) An assessment of existing technologies employed on such 
        borders.
            (2) A description of whether and how new surveillance 
        technologies will be compatible with existing surveillance 
        technologies.
            (3) A description of how the United States Customs and 
        Border Protection is working, or is expected to work, with the 
        Directorate of Science and Technology of the Department of 
        Homeland Security to identify and test surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) The identification of any obstacles that may impede 
        full implementation of such deployment.
            (6) A detailed estimate of all costs associated with the 
        implementation of such deployment and continued maintenance of 
        such technologies.
            (7) A description of how the Department of Homeland 
        Security is working with the Federal Aviation Administration on 
        safety and airspace control issues associated with the use of 
        unmanned aerial vehicles in the National Airspace System.
    (b) National Strategy for Border Security.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional committees a 
National Strategy for Border Security to achieve operational control 
over all ports of entry into the United States and the international 
land and maritime borders of the United States. The Secretary shall 
update the Strategy as needed and shall submit to the Committee, not 
later than 30 days after each such update, the updated Strategy. The 
National Strategy for Border Security shall include the following:
            (1) The implementation timeline for the surveillance plan 
        described in subsection (a).
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at points along the international land and maritime borders of 
        the United States.
            (3) A risk assessment of all ports of entry to the United 
        States and all portions of the international land and maritime 
        borders of the United States with respect to--
                    (A) preventing the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) protecting critical infrastructure at or near 
                such ports of entry or borders.
            (4) 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.
            (5) 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.
            (6) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations with respect to how the Department of Homeland 
        Security can improve coordination with such authorities, to 
        enable border security enforcement to be carried out in an 
        efficient and effective manner.
            (7) A prioritization 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 
        legitimate travel and commerce of the United States is not 
        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 
        bed space needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States in accordance with the National 
        Strategy for Border Security required under this subsection.
            (10) A description of how the Secretary shall ensure 
        accountability and performance metrics within the appropriate 
        agencies of the Department of Homeland Security responsible for 
        implementing the border security measures determined necessary 
        upon completion of the National Strategy for Border Security.
            (11) A timeline for the implementation of the additional 
        security measures determined necessary as part of the National 
        Strategy for Border Security, including a prioritization of 
        security measures, realistic deadlines for addressing the 
        security and enforcement needs, and resource estimates and 
        allocations.
    (c) Consultation.--In creating the National Strategy for Border 
Security described in subsection (b), the Secretary shall consult 
with--
            (1) State, local, and tribal authorities along the 
        international land and maritime borders of the United States; 
        and
            (2) an appropriate cross-section of private sector and 
        nongovernmental organizations with relevant expertise.
    (d) Priority of National Strategy.--The National Strategy for 
Border Security described in subsection (b) shall be the controlling 
document for security and enforcement efforts related to securing the 
international land and maritime borders of the United States.
    (e) Immediate Action.--Nothing in this section shall 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 pursuant to section 101 of this Act or any other provision of 
law.
    (f) Reporting of Implementing Legislation.--After submittal of the 
National Strategy for Border Security described in subsection (b) to 
the Committee on Homeland Security of the House of Representatives, 
such Committee shall promptly report to the House legislation 
authorizing necessary security measures based on its evaluation of the 
National Strategy for Border Security.

SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a report on the 
implementation of the cross-border security agreements signed by the 
United States with Mexico and Canada, including recommendations on 
improving cooperation with such countries to enhance border security.
    (b) Updates.--The Secretary shall regularly update the Committee 
concerning such implementation.

SEC. 104. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2007, the Secretary of Homeland Security 
shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the IDENT and IAFIS fingerprint databases 
        to ensure more expeditious data searches; and
            (2) in consultation with the Secretary of State, collect 
        ten fingerprints from each alien required to provide 
        fingerprints during the alien's initial enrollment in the 
        integrated entry and exit data system described in section 110 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1221 note).

SEC. 105. ONE FACE AT THE BORDER INITIATIVE.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to Congress a report--
            (1) describing the tangible and quantifiable benefits of 
        the One Face at the Border Initiative established by the 
        Department of Homeland Security;
            (2) identifying goals for and challenges to increased 
        effectiveness of the One Face at the Border Initiative;
            (3) providing a breakdown of the number of inspectors who 
        were--
                    (A) personnel of the United States Customs Service 
                before the date of the establishment of the Department 
                of Homeland Security;
                    (B) personnel of the Immigration and Naturalization 
                Service before the date of the establishment of the 
                Department;
                    (C) personnel of the Department of Agriculture 
                before the date of the establishment of the Department; 
                or
                    (D) hired after the date of the establishment of 
                the Department;
            (4) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative; and
            (5) outlining the steps taken by the Department to ensure 
        that expertise is retained with respect to customs, 
        immigration, and agriculture inspection functions under the One 
        Face at the Border Initiative.

SEC. 106. SECURE COMMUNICATION.

    The Secretary of Homeland Security shall, as expeditiously as 
practicable, develop and implement a plan to ensure clear and secure 
two-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;
            (3) between Border Patrol agents and residents in remote 
        areas along the international land border who do not have 
        mobile communications, as the Secretary determines necessary; 
        and
            (4) between all appropriate Department of Homeland Security 
        border security agencies and State, local, and tribal law 
        enforcement agencies.

SEC. 107. BORDER PATROL AGENTS.

    (a) Increase in Border Patrol Agents.--To provide the Department of 
Homeland Security with the resources it needs to carry out its mission 
and responsibility to secure United States ports of entry and the 
international land and maritime borders of the United States and the 
Secretary of Homeland Security shall increase by not less than 3,000 in 
each of the fiscal years 2007 through 2010 the number of positions for 
full-time active-duty border patrol agents, subject to the availability 
of appropriations for such purpose. There are authorized to be 
appropriated to the Secretary of Homeland Security such funds as may be 
necessary through fiscal year 2010.
    (b) Associated Costs.--There are authorized to be appropriated to 
the Secretary of Homeland Security such funds for fiscal years 2007 
through 2010 as may be necessary to pay the costs associated with--
            (1) the number of mission or operational support staff 
        needed;
            (2) associated relocation costs;
            (3) required information technology enhancements; and
            (4) costs to train such new hires.

SEC. 108. IMMIGRATION ENFORCEMENT AGENTS.

    The Secretary of Homeland Security shall increase by not less than 
2,000 in each of the fiscal years 2007 through 2010 the number of 
positions for full-time active-duty immigration enforcement agents, 
subject to the availability of appropriations for such purpose. There 
are authorized to be appropriated to the Secretary of Homeland Security 
such funds as may be necessary through fiscal year 2010.

SEC. 109. PORT OF ENTRY INSPECTION PERSONNEL.

    There are authorized to be appropriated to the Secretary of 
Homeland Security--
            (1) $107,000,000 for fiscal year 2007 to hire 400 Customs 
        and Border Protection Officers above the number of such 
        positions for which funds were allotted for fiscal year 2006;
            (2) $154,000,000 for fiscal year 2008 to hire 400 Customs 
        and Border Protection Officers above the number of such 
        positions for which funds were allotted for fiscal year 2007;
            (3) $198,000,000 for fiscal year 2009 to hire 400 Customs 
        and Border Protection Officers above the number of such 
        positions for which funds were allotted for fiscal year 2008; 
        and
            (4) $242,000,000 for fiscal year 2010 to hire 400 Customs 
        and Border Protection Officers above the number of such 
        positions for which funds were allotted for fiscal year 2009.

SEC. 110. CANINE DETECTION TEAMS.

    In each of fiscal years 2007 through 2011, the Secretary of 
Homeland Security shall, subject to the availability of appropriations, 
increase by not less than 25 percent above the number of such positions 
for which funds were allotted for the preceding fiscal year the number 
of trained detection canines for use at United States ports of entry 
and along the international land and maritime borders of the United 
States.

SEC. 111. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department of 
Homeland Security shall review each contract action related to the 
Department's Secure Border Initiative having a value greater than 
$20,000,000, to determine whether each such action fully complies with 
applicable cost requirements, performance objectives, program 
milestones, inclusion of small, minority, and women-owned business, and 
timelines. The Inspector General shall complete a review under this 
subsection with respect to a contract action--
            (1) not later than 60 days after the date of the initiation 
        of the action; and
            (2) upon the conclusion of the performance of the contract.
    (b) Report by Inspector General.--Upon completion of each review 
described in subsection (a), the Inspector General shall submit to the 
Secretary of Homeland Security a report containing the findings of the 
review, including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental contract 
management, insufficient departmental financial oversight, bundling 
that limits the ability of small business to compete, or other high 
risk business practices.
    (c) Report by Secretary.--Not later than 30 days after the receipt 
of each report required under subsection (b), the Secretary of Homeland 
Security shall submit to the appropriate congressional committees a 
report on the findings of the report by the Inspector General and the 
steps the Secretary has taken, or plans to take, to address the 
problems identified in such report.
    (d) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General, an additional amount equal to at least five percent 
for fiscal year 2007, at least six percent for fiscal year 2008, and at 
least seven percent for fiscal year 2009 of the overall budget of the 
Office for each such fiscal year is authorized to be appropriated to 
the Office to enable the Office to carry out this section.

SEC. 112. BORDER PATROL TRAINING CAPACITY REVIEW.

    (a) In General.--The Comptroller General of the United States shall 
conduct a review of the basic training provided to Border Patrol agents 
by the Department of Homeland Security to ensure that such training is 
provided as efficiently and cost-effectively as possible.
    (b) Components of Review.--The review under subsection (a) shall 
include the following components:
            (1) An evaluation of the length and content of the basic 
        training curriculum provided to new Border Patrol agents by the 
        Federal Law Enforcement Training Center, including a 
        description of how the curriculum has changed since September 
        11, 2001.
            (2) A review and a detailed breakdown of the costs incurred 
        by United States Customs and Border Protection and the Federal 
        Law Enforcement Training Center to train one new Border Patrol 
        agent.
            (3) A comparison, based on the review and breakdown under 
        paragraph (2) of the costs, effectiveness, scope, and quality, 
        including geographic characteristics, with other similar law 
        enforcement training programs provided by State and local 
        agencies, non-profit organizations, universities, and the 
        private sector.
            (4) An evaluation of whether and how utilizing comparable 
        non-Federal training programs, proficiency testing to 
        streamline training, and long-distance learning programs may 
        affect--
                    (A) the cost-effectiveness of increasing the number 
                of Border Patrol agents trained per year and reducing 
                the per agent costs of basic training; and
                    (B) the scope and quality of basic training needed 
                to fulfill the mission and duties of a Border Patrol 
                agent.

SEC. 113. AIRSPACE SECURITY MISSION IMPACT REVIEW.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representatives a report detailing 
the impact the airspace security mission in the National Capital Region 
(in this section referred to as the ``NCR'') will have on the ability 
of the Department of Homeland Security to protect the international 
land and maritime borders of the United States. Specifically, the 
report shall address:
            (1) The specific resources, including personnel, assets, 
        and facilities, devoted or planned to be devoted to the NCR 
        airspace security mission, and from where those resources were 
        obtained or are planned to be obtained.
            (2) An assessment of the impact that diverting resources to 
        support the NCR mission has or is expected to have on the 
        traditional missions in and around the international land and 
        maritime borders of the United States.

SEC. 114. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.

    (a) In General.--Subject to the amount appropriated in subsection 
(d) of this section, the Secretary of Homeland Security shall reimburse 
property owners for costs associated with repairing damages to the 
property owners' private infrastructure constructed on a United States 
Government right-of-way delineating the international land border when 
such damages are--
            (1) the result of unlawful entry of aliens; and
            (2) confirmed by the appropriate personnel of the 
        Department of Homeland Security and submitted to the Secretary 
        for reimbursement.
    (b) Value of Reimbursements.--Reimbursements for submitted damages 
as outlined in subsection (a) shall not exceed the value of the private 
infrastructure prior to damage.
    (c) Reports.--Not later than six months after the date of the 
enactment of this Act and every subsequent six months until the amount 
appropriated for this section is expended in its entirety, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives a report that details 
the expenditures and circumstances in which those expenditures were 
made pursuant to this section.
    (d) Authorization of Appropriations.--There shall be authorized to 
be appropriated an initial $50,000 for each fiscal year to carry out 
this section.

SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN 
              GANGS ALONG INTERNATIONAL BORDER.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall report to the Committee 
on Homeland Security of the House of Representatives on the progress of 
the Department of Homeland Security in tracking the travel of Central 
American gangs across the international land border of the United 
States and Mexico.

SEC. 116. COLLECTION OF DATA.

    Beginning on October 1, 2007, the Secretary of Homeland Security 
shall annually compile data on the following categories of information:
            (1) The number of unauthorized aliens who require medical 
        care taken into custody by Border Patrol officials.
            (2) The number of unauthorized aliens with serious injuries 
        or medical conditions Border Patrol officials encounter, and 
        refer to local hospitals or other health facilities.
            (3) The number of unauthorized aliens with serious injuries 
        or medical conditions who arrive at United States ports of 
        entry and subsequently are admitted into the United States for 
        emergency medical care, as reported by United States Customs 
        and Border Protection.
            (4) The number of unauthorized aliens described in 
        paragraphs (2) and (3) who subsequently are taken into custody 
        by the Department of Homeland Security after receiving medical 
        treatment.

SEC. 117. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED 
              STATES PORTS OF ENTRY.

    (a) Deployment.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall deploy 
radiation portal monitors at all United States ports of entry and 
facilities as determined by the Secretary to facilitate the screening 
of all inbound cargo for nuclear and radiological material.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the Department's progress toward carrying out the deployment described 
in subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary for each of fiscal years 2007 and 2008.

SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE BORDER INITIATIVE.

    It is the sense of Congress that--
            (1) as the Secretary of Homeland Security develops and 
        implements the Secure Border Initiative and other initiatives 
        to strengthen security along the Nation's borders, the 
        Secretary shall conduct extensive outreach to the private 
        sector, including small, minority-owned, women-owned, and 
        disadvantaged businesses; and
            (2) the Secretary also shall consult with firms that are 
        practitioners of mission effectiveness at the Department of 
        Homeland Security, homeland security business councils, and 
        associations to identify existing and emerging technologies and 
        best practices and business processes, to maximize economies of 
        scale, cost-effectiveness, systems integration, and resource 
        allocation, and to identify the most appropriate contract 
        mechanisms to enhance financial accountability and mission 
        effectiveness of border security programs.

SEC. 119. REPORT REGARDING ENFORCEMENT OF CURRENT EMPLOYMENT 
              VERIFICATION LAWS.

    The Secretary of Homeland Security shall issue a biannual report 
regarding the Federal employment verification laws that were enacted in 
1986, as amended, the efforts of the Department of Homeland Security to 
sanction employers for knowingly hiring unauthorized workers, and an 
assessment of the impact of enhanced removal authorities sought by the 
Department.

         TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE 
              AND SUPPORT.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of Defense shall develop a joint strategic plan to use the 
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 
with the surveillance activities of the Department of Homeland Security 
conducted at or near the international land and maritime borders of the 
United States.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Defense shall submit to Congress a report containing--
            (1) a description of the use of Department of Defense 
        equipment to assist with the surveillance by the Department of 
        Homeland Security of the international land and maritime 
        borders of the United States;
            (2) the joint strategic plan developed pursuant to 
        subsection (a);
            (3) a description of the types of equipment and other 
        support to be provided by the Department of Defense under the 
        joint strategic plan during the one-year period beginning after 
        submission of the report under this subsection; and
            (4) a description of how the Department of Homeland 
        Security and the Department of Defense are working with the 
        Department of Transportation on safety and airspace control 
        issues associated with the use of unmanned aerial vehicles in 
        the National Airspace System.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as altering or amending the prohibition on the use of any 
part of the Army or the Air Force as a posse comitatus under section 
1385 of title 18, United States Code.

SEC. 202. BORDER SECURITY ON PROTECTED LAND.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of the Interior, shall evaluate border 
security vulnerabilities on land directly adjacent to the international 
land border of the United States under the jurisdiction of the 
Department of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other contraband into 
the United States.
    (b) Support for Border Security Needs.--Based on the evaluation 
conducted pursuant to subsection (a), the Secretary of Homeland 
Security shall provide appropriate border security assistance on land 
directly adjacent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, its bureaus, 
and tribal entities.

SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING 
              TEST AND EVALUATION EXERCISE.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall design and carry out a 
national border security exercise for the purposes of--
            (1) involving officials from Federal, State, territorial, 
        local, tribal, and international governments and 
        representatives from the private sector;
            (2) testing and evaluating the capacity of the United 
        States to anticipate, detect, and disrupt threats to the 
        integrity of United States borders; and
            (3) testing and evaluating the information sharing 
        capability among Federal, State, territorial, local, tribal, 
        and international governments.

SEC. 204. BORDER SECURITY ADVISORY COMMITTEE.

    (a) Establishment of Committee.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall establish an advisory committee to be known as the Border 
Security Advisory Committee (in this section referred to as the 
``Committee'').
    (b) Duties.--The Committee shall advise the Secretary on issues 
relating to border security and enforcement along the international 
land and maritime border of the United States.
    (c) Membership.--The Secretary shall appoint members to the 
Committee from the following:
            (1) State and local government representatives from States 
        located along the international land and maritime borders of 
        the United States.
            (2) Community representatives from such States.
            (3) Tribal authorities in such States.

SEC. 205. CENTER OF EXCELLENCE FOR BORDER SECURITY.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a university-based Center of Excellence for Border Security 
following the merit-review processes and procedures and other 
limitations that have been established for selecting and supporting 
University Programs Centers of Excellence.
    (b) Activities of the Center.--The Center shall prioritize its 
activities on the basis of risk to address the most significant 
threats, vulnerabilities, and consequences posed by United States 
borders and border control systems. The activities shall include the 
conduct of research, the examination of existing and emerging border 
security technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of Homeland 
Security to effectively secure the borders.

SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN NATIONS.

    It is the sense of Congress that--
            (1) the Department of Homeland Security should strive to 
        include as part of a National Strategy for Border Security 
        recommendations on how to enhance Department cooperation with 
        sovereign Indian Nations on securing our borders and preventing 
        terrorist entry, including, specifically, the Department should 
        consider whether a Tribal Smart Border working group is 
        necessary and whether further expansion of cultural sensitivity 
        training, as exists in Arizona with the Tohono O'odham Nation, 
        should be expanded elsewhere; and
            (2) as the Department of Homeland Security develops a 
        National Strategy for Border Security, it should take into 
        account the needs and missions of each agency that has a stake 
        in border security and strive to ensure that these agencies 
        work together cooperatively on issues involving Tribal lands.

                    TITLE III--DETENTION AND REMOVAL

SEC. 301. ENHANCED DETENTION CAPACITY.

    To avoid a return to the ``catch and release'' policy and to 
address long-standing shortages of available detention beds, and to 
further authorize the provisions of section 5204 of the Intelligence 
Reform and Terrorist Prevention Act of 2004 (Public Law 108-458), there 
are authorized to be appropriated to the Secretary of Homeland Security 
such sums as may be necessary for each of fiscal years 2007 through 
2010 to increase by 25,000 for each fiscal year the number of funded 
detention bed spaces.

SEC. 302. INCREASE IN DETENTION AND REMOVAL OFFICERS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to add 250 detention 
and removal officers for each of fiscal years 2007 through 2010.

SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall fully utilize--
            (1) all available detention facilities operated or 
        contracted by the Department of Homeland Security; and
            (2) all possible options to cost effectively increase 
        available detention capacities, including the use of temporary 
        detention facilities, the use of State and local correctional 
        facilities, private space, and secure alternatives to 
        detention.

SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL ALIENS.

    (a) In General.--The Secretary of Homeland Security is authorized 
to enter into contracts with private entities for the purpose of 
providing secure domestic transport of aliens who are apprehended at or 
along the international land or maritime borders from the custody of 
United States Customs and Border Protection to detention facilities and 
other locations as necessary.
    (b) Criteria for Selection.--Notwithstanding any other provision of 
law, to enter into a contract under paragraph (1), a private entity 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require. 
The Secretary shall select from such applications those entities which 
offer, in the determination of the Secretary, the best combination of 
service, cost, and security.

SEC. 305. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

    Not later than October 31 of each year, the Secretary of Homeland 
Security shall submit to the Secretary of State and Congress a report 
that details the cost to the Department of Homeland Security of 
repatriation of unlawful aliens to their countries of nationality or 
last habitual residence, including details relating to cost per 
country. The Secretary shall include in each such report the 
recommendations of the Secretary to more cost effectively repatriate 
such aliens.

SEC. 306. TRAINING PROGRAM.

    Not later than six months after the date of the enactment of this 
Act, the Secretary of Homeland Security--
            (1) review and evaluate the training provided to Border 
        Patrol agents and port of entry inspectors regarding the 
        inspection of aliens to determine whether an alien is referred 
        for an interview by an asylum officer for a determination of 
        credible fear;
            (2) based on the review and evaluation described in 
        paragraph (1), take necessary and appropriate measures to 
        ensure consistency in referrals by Border Patrol agents and 
        port of entry inspectors to asylum officers for determinations 
        of credible fear.

SEC. 307. GAO STUDY ON DEATHS IN CUSTODY.

    The Comptroller General of the United States, within 6 months after 
the date of the enactment of this Act, shall submit to Congress a 
report on the deaths in custody of detainees held on immigration 
violations by the Secretary of Homeland Security. The report shall 
include the following information with respect to any such deaths and 
in connection therewith:
            (1) Whether any crimes were committed by personnel of the 
        Department of Homeland Security.
            (2) Whether any such deaths were caused by negligence or 
        deliberate indifference by such personnel.
            (3) Whether Department practice and procedures were 
        properly followed and obeyed.
            (4) Whether such practice and procedures are sufficient to 
        protect the health and safety of such detainees.
            (5) Whether reports of such deaths were made under the 
        Deaths in Custody Act.

      TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

SEC. 401. ENHANCED BORDER SECURITY COORDINATION AND MANAGEMENT.

    The Secretary of Homeland Security shall ensure full coordination 
of border security efforts among agencies within the Department of 
Homeland Security, including United States Immigration and Customs 
Enforcement, United States Customs and Border Protection, and United 
States Citizenship and Immigration Services, and shall identify and 
remedy any failure of coordination or integration in a prompt and 
efficient manner. In particular, the Secretary of Homeland Security 
shall--
            (1) oversee and ensure the coordinated execution of border 
        security operations and policy;
            (2) establish a mechanism for sharing and coordinating 
        intelligence information and analysis at the headquarters and 
        field office levels pertaining to counter-terrorism, border 
        enforcement, customs and trade, immigration, human smuggling, 
        human trafficking, and other issues of concern to both United 
        States Immigration and Customs Enforcement and United States 
        Customs and Border Protection;
            (3) establish Department of Homeland Security task forces 
        (to include other Federal, State, Tribal and local law 
        enforcement agencies as appropriate) as necessary to better 
        coordinate border enforcement and the disruption and 
        dismantling of criminal organizations engaged in cross-border 
        smuggling, money laundering, and immigration violations;
            (4) enhance coordination between the border security and 
        investigations missions within the Department by requiring 
        that, with respect to cases involving violations of the customs 
        and immigration laws of the United States, United States 
        Customs and Border Protection coordinate with and refer all 
        such cases to United States Immigration and Customs 
        Enforcement;
            (5) examine comprehensively the proper allocation of the 
        Department's border security related resources, and analyze 
        budget issues on the basis of Department-wide border 
        enforcement goals, plans, and processes;
            (6) establish measures and metrics for determining the 
        effectiveness of coordinated border enforcement efforts; and
            (7) develop and implement a comprehensive plan to protect 
        the northern and southern land borders of the United States and 
        address the different challenges each border faces by--
                    (A) coordinating all Federal border security 
                activities;
                    (B) improving communications and data sharing 
                capabilities within the Department and with other 
                Federal, State, local, tribal, and foreign law 
                enforcement agencies on matters relating to border 
                security; and
                    (C) providing input to relevant bilateral 
                agreements to improve border functions, including 
                ensuring security and promoting trade and tourism.

SEC. 402. MAKING OUR BORDER AGENCIES WORK.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended--
            (1) in subtitle A, by amending the heading to read as 
        follows: ``Bureau of Border Security and Customs'';
            (2) by striking section 401 and inserting the following 
        section:

``SEC. 401. BUREAU OF BORDER SECURITY AND CUSTOMS.

    ``(a) Establishment.--There shall be in the Department of Homeland 
Security a Bureau of Border Security and Customs (in this section 
referred to as the `Bureau').
    ``(b) Commissioner.--
            ``(1) In general.--The head of the Bureau shall be the 
        Commissioner of Border Security and Customs (in this section 
        referred to as the `Commissioner'). The Commissioner shall 
        report directly to the Secretary.
            ``(2) Appointment.--The Commissioner shall be appointed--
                    ``(A) by the President, by and with the advice and 
                consent of the Senate; and
                    ``(B) from individuals who have--
                            ``(i) a minimum of ten years professional 
                        experience in law enforcement; and
                            ``(ii) a minimum of ten years of management 
                        experience.
    ``(c) Coordination.--Among other duties, the Commissioner shall 
develop and implement a comprehensive plan to protect the northern and 
southern land borders of the United States and address the different 
challenges each border faces by--
            ``(1) coordinating all Federal border security activities;
            ``(2) improving communications and data sharing 
        capabilities within the Department and with other Federal, 
        State, local, tribal, and foreign law enforcement agencies on 
        matters relating to border security; and
            ``(3) providing input to relevant bilateral agreements to 
        improve border functions, including ensuring security and 
        promoting trade and tourism.
    ``(d) Organization.--The Bureau shall include five primary 
divisions. The head of each division shall be an Assistant Commissioner 
of Border Security and Customs who shall be appointed by the Secretary 
of Homeland Security. The five divisions and their responsibilities are 
as follows:
            ``(1) Office of immigration enforcement.--It shall be the 
        responsibility of the Office of Immigration Enforcement to 
        enforce the immigration laws of the United States.
            ``(2) Office of customs enforcement.--It shall be the 
        responsibility of the Office of Customs Enforcement to enforce 
        the customs laws of the United States.
            ``(3) Office of inspection.--It shall be the responsibility 
        of the Office of Inspection to conduct inspections at official 
        United States ports of entry and to maintain specialized 
        immigration, customs, and agriculture secondary inspection 
        functions.
            ``(4) Office of border patrol.--It shall be the 
        responsibility of the Office of Border Patrol to secure the 
        international land and maritime borders of the United States 
        between ports of entry.
            ``(5) Office of mission support.--It shall be the 
        responsibility of the Office of Mission Support to provide 
        assistance to the Bureau, including all offices of the Bureau, 
        and additional agencies as determined appropriate by the 
        Secretary. The Office shall include, at a minimum, detention 
        and removal functions, intelligence functions, and air and 
        marine support.
    ``(e) Reorganization.--The reorganization authority described in 
section 872 shall not apply to this section.'';
            (3) in section 402, in the matter preceding paragraph (1), 
        by striking ``acting through the Under Secretary for Border and 
        Transportation Security,'' and inserting ``acting through the 
        Commissioner of Border Security and Customs,''; and
            (4) by inserting after section 403 the following new 
        section:

``SEC. 404. TRANSFER.

    ``The Bureau of Customs and Border Protection and the Bureau of 
Immigration and Customs Enforcement of the Department of Homeland 
Security, created pursuant to the `Reorganization Plan Modification for 
the Department of Homeland Security' submitted to Congress as required 
under section 1502, is hereby transferred into the Bureau of Border 
Security and Customs, established pursuant to section 401.''.
    (b) Clerical Amendments.--The table of contents of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by striking the item related to section 401 and 
        inserting the following item:

``Sec. 401. Bureau of Border Security and Customs.'';
    and
            (2) by inserting after the item relating to section 403 the 
        following new item:

``Sec. 404. Transfer.''.
    (c) Shadow Wolves Transfer.--
            (1) Transfer of existing unit.--In conjunction with the 
        creation of the Bureau of Border Security and Customs under 
        section 401 of the Homeland Security Act of 2002, as amended by 
        section 201(a) of this Act, the Secretary of Homeland Security 
        shall transfer to United States Immigration and Customs 
        Enforcement all functions (including the personnel, assets, and 
        liabilities attributable to such functions) of the Customs 
        Patrol Officers unit operating on the Tohono O'odham Indian 
        reservation (commonly known as the ``Shadow Wolves'' unit).
            (2) Establishment of new units.--The Secretary is 
        authorized to establish Shadow Wolves units within both the 
        Office of Immigration Enforcement and Office of Customs 
        Enforcement in the Bureau of Border Security and Customs.
            (3) Duties.--The Customs Patrol Officer unit transferred 
        pursuant to paragraph (1), and additional units established 
        pursuant to paragraph (2), shall operate on Indian lands by 
        preventing the entry of terrorists, other unlawful aliens, 
        instruments of terrorism, narcotics, and other contraband into 
        the United States.
            (4) Basic pay for journeyman officers.--A Customs Patrol 
        Officer in a unit described in this subsection shall receive 
        equivalent pay as a special agent with similar competencies 
        within United States Immigration and Customs Enforcement 
        pursuant to the Department of Homeland Security's Human 
        Resources Management System established under section 841 of 
        the Homeland Security Act (6 U.S.C. 411).
            (5) Supervisors.--The Shadow Wolves unit created within the 
        Office of Immigration Enforcement shall be supervised by a 
        Chief Immigration Patrol Officer. The Shadow Wolves unit 
        created within the Office of Customs Enforcement shall be 
        supervised by a Chief Customs Patrol Officer. Each such Officer 
        shall have the same rank as a resident agent-in-charge of the 
        Office of Investigations within United States Immigration and 
        Customs Enforcement.
    (d) Technical and Conforming Amendments to the Homeland Security 
Act of 2002.--
            (1) Transportation security administration.--Section 424(a) 
        of the Homeland Security Act of 2002 (6 U.S.C. 234(a)) is 
        amended by striking ``under the Under Secretary for Border 
        Transportation and Security''.
            (2) Office for domestic preparedness.--Section 430 of such 
        Act (6 U.S.C. 238) is amended--
                    (A) in subsection (a), by striking ``The Office for 
                Domestic Preparedness shall be within the Directorate 
                of Border and Transportation Security.'' and inserting 
                ``There shall be in the Department an Office for 
                Domestic Preparedness.''; and
                    (B) in subsection (b), in the second sentence, by 
                striking ``Under Secretary for Border and 
                Transportation Security'' and inserting ``Secretary of 
                Homeland Security''.
            (3) Bureau of border security.--The Homeland Security Act 
        of 2002 (6 U.S.C. 101 et seq.) is amended--
                    (A) in section 402 (6 U.S.C. 202)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``, acting through the Under 
                        Secretary for Border and Transportation 
                        Security,'';
                            (ii) by redesignating paragraph (8) as 
                        paragraph (9); and
                            (iii) by inserting after paragraph (7) the 
                        following new paragraph:
            ``(8) Administering the program to collect information 
        relating to nonimmigrant foreign students and other exchange 
        program participants described in section 641 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1372), including the Student and Exchange Visitor 
        Information System established under that section, and using 
        such information to carry out the enforcement functions of the 
        Bureau.'';
                    (B) by inserting after section 404 (as added by 
                section 102(a)(4) of this Act) the following new 
                sections:

``SEC. 405. CHIEF OF IMMIGRATION POLICY AND STRATEGY.

    ``(a) In General.--There shall be a position of Chief of 
Immigration Policy and Strategy for the Bureau of Border Security and 
Customs.
    ``(b) Functions.--In consultation with Bureau of Border Security 
and Customs personnel in local offices, the Chief of Immigration Policy 
and Strategy shall be responsible for--
            ``(1) making policy recommendations and performing policy 
        research and analysis on immigration enforcement issues; and
            ``(2) coordinating immigration policy issues with the Chief 
        of Policy and Strategy for the Bureau of Citizenship and 
        Immigration Services (established under subtitle E), as 
        appropriate.

``SEC. 406. IMMIGRATION LEGAL ADVISOR.

    ``There shall be a principal immigration legal advisor to the 
Commissioner of the Bureau of Border Security and Customs. The 
immigration legal advisor shall provide specialized legal advice to the 
Commissioner of the Bureau of Border Security and Customs and shall 
represent the Bureau in all exclusion, deportation, and removal 
proceedings before the Executive Office for Immigration Review.''; and
                    (C) by striking section 442 (6 U.S.C. 252) and 
                redesignating sections 443 through 446 as sections 442 
                through 445, respectively.
            (4) Conforming amendments.--
                    (A) Bureau of border security and customs.--Each of 
                the following sections of the Homeland Security Act of 
                2002 is amended by inserting ``and Customs'' after 
                ``Border Security'' each place it appears:
                            (i) Section 442, as redesignated by 
                        subsection (c)(3).
                            (ii) Section 443, as redesignated by 
                        subsection (c)(3).
                            (iii) Section 444, as redesignated by 
                        subsection (c)(3).
                            (iv) Section 451 (6 U.S.C. 271).
                            (v) Section 459 (6 U.S.C. 276).
                            (vi) Section 462 (6 U.S.C. 279).
                            (vii) Section 471 (6 U.S.C. 291).
                            (viii) Section 472 (6 U.S.C. 292).
                            (ix) Section 474 (6 U.S.C. 294).
                            (x) Section 475 (6 U.S.C. 295).
                            (xi) Section 476 (6 U.S.C. 296).
                            (xii) Section 477 (6 U.S.C. 297).
                    (B) Commissioner of the bureau of border security 
                and customs.--The Homeland Security Act of 2002 is 
                amended--
                            (i) in section 442, as redesignated by 
                        subsection (c)(3), in the matter preceding 
                        paragraph (1), by striking ``Under Secretary 
                        for Border and Transportation Security'' and 
                        inserting ``Commissioner of Border Security and 
                        Customs'';
                            (ii) in section 443, as redesignated by 
                        subsection (c)(3), by striking ``Under 
                        Secretary for Border and Transportation 
                        Security'' and inserting ``Commissioner of 
                        Border Security and Customs'';
                            (iii) in section 451(a)(2)(C) (6 U.S.C. 
                        271(a)(2)(C)), by striking ``Assistant 
                        Secretary'' and inserting ``Commissioner'';
                            (iv) in section 459(c) (6 U.S.C. 276(c)), 
                        by striking ``Assistant Secretary'' and 
                        inserting ``Commissioner''; and
                            (v) in section 462(b)(2)(A) (6 U.S.C. 
                        279(b)(2)(A)), by striking ``Assistant 
                        Secretary'' and inserting ``Commissioner''.
            (5) Reference.--Any reference to the Bureau of Border 
        Security in any other Federal law, Executive order, rule, 
        regulation, or delegation of authority, or any document of or 
        pertaining to the Bureau is deemed to refer to the Bureau of 
        Border Security and Customs.
            (6) Clerical amendments.--The table of contents of the 
        Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
        amended--
                    (A) by inserting after the item relating to section 
                404 (as added by section 102(b)(2) of this Act) the 
                following new items:

``Sec. 405. Chief of Policy and Strategy.
``Sec. 406. Legal advisor.'';
                    (B) by striking the item related to section 442; 
                and
                    (C) by redesignating the items relating to sections 
                443 through 446 as items relating to sections 442 
                through 445, respectively.

TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND 
          WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER

 Subtitle A--Equipment Enhancements to Address Shortfalls to Securing 
                         United States Borders

SEC. 501. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

    (a) 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 United States Border Patrol agents 
from the Secretary of Homeland Security, the Secretary is authorized, 
subject to subsections (b) and (c), to provide the State with up to 
1,000 additional United States Border Patrol agents for the purpose of 
patrolling and defending the international border, in order to prevent 
individuals from crossing the international border and entering the 
United States at any location other than an authorized port of entry.
    (b) Consultation.--The Secretary of Homeland Security shall consult 
with the President upon receipt of a request under subsection (a), and 
shall grant it to the extent that providing the requested assistance 
will not significantly impair the Department of Homeland Security's 
ability to provide border security for any other State.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in conformance with all collective bargaining 
agreements and obligations.

SEC. 502. HELICOPTERS AND POWER BOATS.

    (a) In General.--The Secretary of Homeland Security shall increase 
by not less than 100 the number of United States Border Patrol 
helicopters, and shall increase by not less than 250 the number of 
United States Border Patrol power boats. The Secretary of Homeland 
Security shall ensure that appropriate types of helicopters are 
procured for the various missions being performed. The Secretary of 
Homeland Security also 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.
    (b) Use and Training.--The Secretary of Homeland Security shall 
establish an overall policy on how the helicopters and power boats 
described in subsection (a) will be used and implement training 
programs for the agents who use them, including safe operating 
procedures and rescue operations.

SEC. 503. MOTOR VEHICLES.

    The Secretary of Homeland Security shall establish a fleet of motor 
vehicles appropriate for use by the United States Border Patrol that 
will permit a ratio of at least one police-type vehicle per every 3 
United States Border Patrol agents. Additionally, the Secretary of 
Homeland Security shall ensure that there are sufficient numbers and 
types of other motor vehicles to support the mission of the United 
States Border Patrol. All vehicles will be chosen on the basis of 
appropriateness for use by the United States Border Patrol, and each 
vehicle shall have a ``panic button'' and a global positioning system 
device that is activated solely in emergency situations for the purpose 
of tracking the location of an agent in distress. The police-type 
vehicles shall be replaced at least every 3 years.

SEC. 504. PORTABLE COMPUTERS.

    The Secretary of Homeland Security shall ensure that each police-
type motor vehicle in the fleet of the United States 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 United States Border Patrol.

SEC. 505. RADIO COMMUNICATIONS.

    The Secretary of Homeland Security shall augment the existing radio 
communications system so all Federal law enforcement personnel working 
in every area in which United States Border Patrol operations are 
conducted have clear and encrypted two-way radio communication 
capabilities at all times.

SEC. 506. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

    The Secretary of Homeland Security shall ensure that each United 
States Border Patrol agent is issued, when on patrol, a state-of-the-
art hand-held global positioning system device for navigational 
purposes.

SEC. 507. NIGHT VISION EQUIPMENT.

    The Secretary of Homeland Security shall ensure that sufficient 
quantities of state-of-the-art night vision equipment are procured and 
regularly maintained to enable each United States Border Patrol agent 
patrolling during the hours of darkness to be equipped with a portable 
night vision device.

SEC. 508. BODY ARMOR.

    The Secretary of Homeland Security shall ensure that every United 
States Border Patrol agent is issued high-quality body armor that is 
appropriate for the climate and risks faced by the individual officer. 
Each officer shall be allowed to select from among a variety of 
approved brands and styles. All body armor shall be replaced at least 
once every five years.

SEC. 509. WEAPONS.

    The Secretary of Homeland Security shall ensure that United States 
Border Patrol agents are equipped with weapons that are reliable and 
effective to protect themselves, their fellow officers, and innocent 
third parties from the threats posed by armed criminals. In addition, 
the Secretary shall ensure that the policies of the Department of 
Homeland Security allow all such officers to carry weapons selected 
from a Department approved list that are suited to the potential 
threats that such officers face.

 Subtitle B--Human Capital Enhancements to Improve the Recruitment and 
                 Retention of Border Security Personnel

SEC. 511. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER 
              PATROL AGENTS.

    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'.''.

SEC. 512. 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.

SEC. 513. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS 
              AND OTHER EMPLOYEES.

    (a) Amendments.--
            (1) Federal employees' retirement system.--
                    (A) Paragraph (17) of section 8401 of title 5, 
                United States Code, is amended by striking ``and'' at 
                the end of subparagraph (C), and by adding at the end 
                the following:
                    ``(E) an employee (not otherwise covered by this 
                paragraph)--
                            ``(i) the duties of whose position include 
                        the investigation or apprehension of 
                        individuals suspected or convicted of offenses 
                        against the criminal laws of the United States; 
                        and
                            ``(ii) who is authorized to carry a 
                        firearm; and
                    ``(F) an employee of the Internal Revenue Service, 
                the duties of whose position are primarily the 
                collection of delinquent taxes and the securing of 
                delinquent returns;''.
                    (B) Conforming amendment.--Section 8401(17)(C) of 
                title 5, United States Code, is amended by striking 
                ``(A) and (B)'' and inserting ``(A), (B), (E), and 
                (F)''.
            (2) Civil service retirement system.--Paragraph (20) of 
        section 8331 of title 5, United States Code, is amended by 
        inserting after ``position.'' (in the matter before 
        subparagraph (A)) the following: ``For the purpose of this 
        paragraph, the employees described in the preceding provision 
        of this paragraph (in the matter before `including') shall be 
        considered to include an employee, not otherwise covered by 
        this paragraph, who satisfies clauses (i) and (ii) of section 
        8401(17)(E) and an employee of the Internal Revenue Service the 
        duties of whose position are as described in section 
        8401(17)(F).''.
            (3) Effective date.--Except as provided in subsection (b), 
        the amendments made by this subsection shall take effect on the 
        date of the enactment of this Act, and shall apply only in the 
        case of any individual first appointed (or seeking to be first 
        appointed) as a law enforcement officer (within the meaning of 
        those amendments) on or after such date.
    (b) Treatment of Service Performed by Incumbents.--
            (1) Law enforcement officer and service described.--
                    (A) Law enforcement officer.--Any reference to a 
                law enforcement officer described in this paragraph 
                refers to an individual who satisfies the requirements 
                of section 8331(20) or 8401(17) of title 5, United 
                States Code (relating to the definition of a law 
                enforcement officer) by virtue of the amendments made 
                by subsection (a).
                    (B) Service.--Any reference to service described in 
                this paragraph refers to service performed as a law 
                enforcement officer (as described in this paragraph).
            (2) Incumbent defined.--For purposes of this subsection, 
        the term ``incumbent'' means an individual who--
                    (A) is first appointed as a law enforcement officer 
                (as described in paragraph (1)) before the date of the 
                enactment of this Act; and
                    (B) is serving as such a law enforcement officer on 
                such date.
            (3) Treatment of service performed by incumbents.--
                    (A) In general.--Service described in paragraph (1) 
                which is performed by an incumbent on or after the date 
                of the enactment of this Act shall, for all purposes 
                (other than those to which subparagraph (B) pertains), 
                be treated as service performed as a law enforcement 
                officer (within the meaning of section 8331(20) or 
                8401(17) of title 5, United States Code, as 
                appropriate), irrespective of how such service is 
                treated under subparagraph (B).
                    (B) Retirement.--Service described in paragraph (1) 
                which is performed by an incumbent before, on, or after 
                the date of the enactment of this Act shall, for 
                purposes of subchapter III of chapter 83 and chapter 84 
                of title 5, United States Code, be treated as service 
                performed as a law enforcement officer (within the 
                meaning of section 8331(20) or 8401(17), as 
                appropriate), but only if an appropriate written 
                election is submitted to the Office of Personnel 
                Management within 5 years after the date of the 
                enactment of this Act or before separation from 
                Government service, whichever is earlier.
            (4) Individual contributions for prior service.--
                    (A) In general.--An individual who makes an 
                election under paragraph (3)(B) may, with respect to 
                prior service performed by such individual, contribute 
                to the Civil Service Retirement and Disability Fund the 
                difference between the individual contributions that 
                were actually made for such service and the individual 
                contributions that should have been made for such 
                service if the amendments made by subsection (a) had 
                then been in effect.
                    (B) Effect of not contributing.--If no part of or 
                less than the full amount required under subparagraph 
                (A) is paid, all prior service of the incumbent shall 
                remain fully creditable as law enforcement officer 
                service, but the resulting annuity shall be reduced in 
                a manner similar to that described in section 
                8334(d)(2) of title 5, United States Code, to the 
                extent necessary to make up the amount unpaid.
                    (C) Prior service defined.--For purposes of this 
                subsection, the term ``prior service'' means, with 
                respect to any individual who makes an election under 
                paragraph (3)(B), service (described in paragraph (1)) 
                performed by such individual before the date as of 
                which appropriate retirement deductions begin to be 
                made in accordance with such election.
            (5) Government contributions for prior service.--
                    (A) In general.--If an incumbent makes an election 
                under paragraph (3)(B), the agency in or under which 
                that individual was serving at the time of any prior 
                service (referred to in paragraph (4)) shall remit to 
                the Office of Personnel Management, for deposit in the 
                Treasury of the United States to the credit of the 
                Civil Service Retirement and Disability Fund, the 
                amount required under subparagraph (B) with respect to 
                such service.
                    (B) Amount required.--The amount an agency is 
                required to remit is, with respect to any prior 
                service, the total amount of additional Government 
                contributions to the Civil Service Retirement and 
                Disability Fund (above those actually paid) that would 
                have been required if the amendments made by subsection 
                (a) had then been in effect.
                    (C) Contributions to be made ratably.--Government 
                contributions under this paragraph on behalf of an 
                incumbent shall be made by the agency ratably (on at 
                least an annual basis) over the 10-year period 
                beginning on the date referred to in paragraph (4)(C).
            (6) Exemption from mandatory separation.--Nothing in 
        section 8335(b) or 8425(b) of title 5, United States Code, 
        shall cause the involuntary separation of a law enforcement 
        officer (as described in paragraph (1)) before the end of the 
        3-year period beginning on the date of the enactment of this 
        Act.
            (7) Regulations.--The Office shall prescribe regulations to 
        carry out this section, including--
                    (A) provisions in accordance with which interest on 
                any amount under paragraph (4) or (5) shall be 
                computed, based on section 8334(e) of title 5, United 
                States Code; and
                    (B) provisions for the application of this 
                subsection in the case of--
                            (i) any individual who--
                                    (I) satisfies subparagraph (A) (but 
                                not subparagraph (B)) of paragraph (2); 
                                and
                                    (II) serves as a law enforcement 
                                officer (as described in paragraph (1)) 
                                after the date of the enactment of this 
                                Act; and
                            (ii) any individual entitled to a survivor 
                        annuity (based on the service of an incumbent, 
                        or of an individual under clause (i), who dies 
                        before making an election under paragraph 
                        (3)(B)), to the extent of any rights that would 
                        then be available to the decedent (if still 
                        living).
            (8) Rule of construction.--Nothing in this subsection shall 
        be considered to apply in the case of a reemployed annuitant.

SEC. 514. INCREASE UNITED STATES BORDER PATROL AGENT AND INSPECTOR PAY.

    Effective as of the first day of the first applicable pay period 
beginning on the date that is one year after the date of the enactment 
of this Act, the highest basic rate of pay for a journey level United 
States Border Patrol agent or immigration, customs, or agriculture 
inspector within the Department of Homeland Security whose primary 
duties consist of enforcing the immigration, customs, or agriculture 
laws of the United States shall increase from the annual rate of basic 
pay for positions at GS-11 of the General Schedule to the annual rate 
of basic pay for positions at GS-12 of the General Schedule.

SEC. 515. COMPENSATION FOR TRAINING AT FEDERAL LAW ENFORCEMENT TRAINING 
              CENTER.

    Official training, including training provided at the Federal Law 
Enforcement Training Center, that is provided to a customs officer or 
canine enforcement officer (as defined in subsection (e)(1) of section 
5 of the Act of February 13, 1911 (19 U.S.C. 267), or to a customs and 
border protection officer shall be deemed work for purposes of such 
section. If such training results in the officer performing work in 
excess of 40 hours in the administrative workweek of the officer or in 
excess of 8 hours in a day, the officer shall be compensated for that 
work at an hourly rate of pay that is equal to 2 times the hourly rate 
of the basic pay of the officer, in accordance with subsection (a)(1) 
of such section. Such compensation shall apply with respect to such 
training provided to such officers on or after January 1, 2002. Not 
later than 60 days after the date of the enactment of this Act, such 
compensation shall be provided to such officers, together with any 
applicable interest, calculated in accordance with section 5596(b)(2) 
of title 5, United States Code.

    Subtitle C--Securing and Facilitating the Movement of Goods and 
                               Travelers

SEC. 521. INCREASE IN FULL TIME UNITED STATES CUSTOMS AND BORDER 
              PROTECTION IMPORT SPECIALISTS.

    (a) In General.--The number of full time United States Customs and 
Border Protection non-supervisory import specialists in the Department 
of Homeland Security shall be not less than 1,080 in fiscal year 2007.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to fund these positions and related expenses including 
training and support.

SEC. 522. CERTIFICATIONS RELATING TO FUNCTIONS AND IMPORT SPECIALISTS 
              OF UNITED STATES CUSTOM AND BORDER PROTECTION.

    (a) Functions.--The Secretary of Homeland Security shall annually 
certify to Congress, that, pursuant to paragraph (1) of section 412(b) 
of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) the Secretary 
has not consolidated, discontinued, or diminished those functions 
described in paragraph (2) of such section that were performed by the 
United States Customs Service, or reduced the staffing level or reduced 
resources attributable to such functions.
    (b) Number of Import Specialists.--The Secretary of Homeland 
Security shall annually certify to Congress that, in accordance with 
the requirement described in section 302(a), the number of full time 
non-supervisory import specialists employed by United States Customs 
and Border Protection is at least 1,080.

SEC. 523. EXPEDITED TRAVELER PROGRAMS.

    (a) Sense of Congress.--It is the sense of Congress that the 
expedited travel programs of the Department of Homeland Security should 
be expanded to all major United States ports of entry and participation 
in the pre-enrollment programs should be strongly encouraged. These 
programs assist frontline officers of the United States in the fight 
against terrorism by increasing the number of known travelers crossing 
the border. The identities of such expedited travelers should be 
entered into a database of known travelers who have been subjected to 
in-depth background and watch-list checks. This will permit border 
control officers to focus more closely on unknown travelers, potential 
criminals, and terrorists.
    (b) Monitoring.--
            (1) In general.--The Secretary of Homeland Security shall 
        monitor usage levels of all expedited travel lanes at United 
        States land border ports of entry.
            (2) Funding for staff and infrastructure.--If the Secretary 
        determines that the usage levels referred to in paragraph (1) 
        exceed the capacity of border facilities to provide expedited 
        entry and exit, the Secretary shall submit to Congress a 
        request for additional funding for increases in staff and 
        improvements in infrastructure, as appropriate, to enhance the 
        capacity of such facilities.
    (c) Expansion of Expedited Traveler Services.--The Secretary of 
Homeland Security shall--
            (1) open new enrollment centers in States that do not share 
        an international land border with Canada or Mexico but where 
        the Secretary has determined that a large demand for expedited 
        traveler programs exist;
            (2) reduce fee levels for the expedited traveler programs 
        to encourage greater participation; and
            (3) cooperate with the Secretary of State in the public 
        promotion of benefits of the expedited traveler programs of the 
        Department of Homeland Security.
    (d) Report on Expedited Traveler Programs.--The Secretary of 
Homeland Security shall, on biannually in 2007, 2008, and 2009, submit 
to Congress a report on participation in the expedited traveler 
programs of the Department of Homeland Security.
    (e) Integration and Interoperability of Expedited Traveler Program 
Databases.--Not later than six months after the date of the enactment 
of this Act, the Secretary of Homeland Security shall develop a plan to 
full integrate and make interoperable the databases of all of the 
expedited traveler programs of the Department of Homeland Security, 
including NEXUS, AIR NEXUS, SENTRI, FAST, and Register Traveler.

TITLE VI--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL ALIENS

                      Subtitle A--Alien Smuggling

SEC. 601. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination between the Bureau of 
Immigration and Customs Enforcement and the Bureau of Customs and 
Border Protection of the Department of Homeland Security and any other 
Federal, State, local, or tribal authorities, as determined appropriate 
by the Secretary, to improve coordination efforts to combat human 
smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary considers appropriate 
        to combating human smuggling.
    (c) Report.--Not later than 1 year after implementing the plan 
described in subsection (a), the Secretary shall submit to Congress a 
report on such plan, including any recommendations for legislative 
action to improve efforts to combating human smuggling.

SEC. 602. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL ANTI-
              SMUGGLING UNIT.

    The Secretary of Homeland Security shall reestablish the Anti-
Smuggling Unit within the Office of United States Border Patrol, and 
shall immediately staff such office with a minimum of 500 criminal 
investigators selected from within the ranks of the United States 
Border Patrol. Staffing levels shall be adjusted upward periodically in 
accordance with workload requirements.

SEC. 603. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE INFORMANTS TO 
              ENTER THE UNITED STATES AND REMAIN TEMPORARILY.

    (a) In General.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
amended
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the comma at the end and 
        inserting ``; or'';
            (3) by inserting after clause (ii) the following:
                            ``(iii) who the Secretary of Homeland 
                        Security, the Secretary of State, or the 
                        Attorney General determines--
                                    ``(I) is in possession of critical 
                                reliable information concerning a 
                                commercial alien smuggling organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully;
                                    ``(II) is willing to supply or has 
                                supplied such information to a Federal 
                                or State court; or
                                    ``(III) whose presence in the 
                                United States the Secretary of Homeland 
                                Security, the Secretary of State, or 
                                the Attorney General determines is 
                                essential to the success of an 
                                authorized criminal investigation, the 
                                successful prosecution of an individual 
                                involved in the commercial alien 
                                smuggling organization or enterprise, 
                                or the disruption of such organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully.'';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General'' after ``jointly''; and
            (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
        or (iii)''.
    (b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C. 1184(k)) 
is amended
            (1) by adding at the end of paragraph (1) the following: 
        ``The number of aliens who may be provided a visa as 
        nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal 
        year may not exceed 400.''; and
            (2) by adding at the end the following:
            ``(5) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a 
        nonimmigrant described in clause (iii) of section 
        101(a)(15)(S), or that of any family member of such a 
        nonimmigrant who is provided nonimmigrant status pursuant to 
        such section, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.''.

SEC. 604. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT INFORMANTS.

    Section 245(j) (8 U.S.C. 1255(j)) is amended--
            (1) in paragraph (3), by striking ``(1) or (2),'' and 
        inserting ``(1), (2), (3), or (4),'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(3) if, in the opinion of the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General--
                    ``(A) a nonimmigrant admitted into the United 
                States under section 101(a)(15)(S)(iii) has supplied 
                information described in subclause (I) of such section; 
                and
                    ``(B) the provision of such information has 
                substantially contributed to the success of a 
                commercial alien smuggling investigation or an 
                investigation of the sale or production of fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully, the disruption of such an 
                enterprise, or the prosecution of an individual 
                described in subclause (III) of that section,
        the Secretary of Homeland Security may adjust the status of the 
        alien (and the spouse, children, married and unmarried sons and 
        daughters, and parents of the alien if admitted under that 
        section) to that of an alien lawfully admitted for permanent 
        residence if the alien is not described in section 
        212(a)(3)(E).
            ``(4) The Secretary of Homeland Security may adjust the 
        status of a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) (and the spouse, children, married 
        and unmarried sons and daughters, and parents of the 
        nonimmigrant if admitted under that section) to that of an 
        alien lawfully admitted for permanent residence on the basis of 
        a recommendation of the Secretary of State or the Attorney 
        General.''; and
            (4) by adding at the end the following:
            ``(6) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a person 
        whose status is adjusted under this subsection must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.''.

SEC. 605. REWARDS PROGRAM.

    Section 274 (8 U.S.C. 1324) is amended by adding at the end the 
following:
    ``(e) Rewards Program.--
            ``(1) In general.--There is established in the Department 
        of Homeland Security a program for the payment of rewards to 
        carry out the purposes of this section.
            ``(2) Purpose.--The rewards program shall be designed to 
        assist in the elimination of commercial operations to produce 
        or sell fraudulent documents to be used for entering or 
        remaining in the United States unlawfully and to assist in the 
        investigation, prosecution, or disruption of a commercial alien 
        smuggling operation.
            ``(3) Administration.--The rewards program shall be 
        administered by the Secretary of Homeland Security, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State.
            ``(4) Rewards authorized.--In the sole discretion of the 
        Secretary of Homeland Security, such Secretary, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State, may pay a reward to any individual who 
        furnishes information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to produce or sell fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully or to commit an act of 
                commercial alien smuggling involving the transportation 
                of aliens;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling of 
                an operation to produce or sell fraudulent documents to 
                be used for entering or remaining in the United States, 
                or commercial alien smuggling operations, in whole or 
                in significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                operation to produce or sell fraudulent documents to be 
                used for entering or remaining in the United States 
                unlawfully or a commercial alien smuggling operation 
                involving the transportation of aliens.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection. Amounts appropriated under this 
        paragraph shall remain available until expended.
            ``(6) Ineligibility.--An officer or employee of any 
        Federal, State, local, or foreign government who, while in 
        performance of his or her official duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection for such furnishing.
            ``(7) Protection measures.--If the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General 
        determines that an individual who furnishes information or 
        testimony described in paragraph (4), or any spouse, child, 
        parent, son, or daughter of such an individual, must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.

SEC. 606. OUTREACH PROGRAM.

    Section 274 (8 U.S.C. 1324), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney General and the 
Secretary of State, shall develop and implement an outreach program to 
educate the public in the United States and abroad about--
            ``(1) the penalties for--
                    ``(A) bringing in and harboring aliens in violation 
                of this section; and
                    ``(B) participating in a commercial operation for 
                making, or trafficking in, documents to be used for 
                entering or remaining in the United States unlawfully; 
                and
            ``(2) the financial rewards and other incentives available 
        for assisting in the investigation, disruption, or prosecution 
        of a commercial smuggling operation or a commercial operation 
        for making, or trafficking in, documents to be used for 
        entering or remaining in the United States unlawfully.''.

SEC. 607. ESTABLISHMENT OF A SPECIAL TASK FORCE FOR COORDINATING AND 
              DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION 
              DOCUMENTS.

    (a) In General.--The Secretary of Homeland Security shall establish 
a task force (to be known as the Task Force on Fraudulent Immigration 
Documents) to carry out the following:
            (1) Collect information from Federal, State, and local law 
        enforcement agencies, and Foreign governments on the 
        production, sale, and distribution of fraudulent documents 
        intended to be used to enter or to remain in the United States 
        unlawfully.
            (2) Maintain that information in a comprehensive database.
            (3) Convert the information into reports that will provide 
        guidance for government officials on identifying fraudulent 
        documents being used to enter or to remain in the United States 
        unlawfully.
            (4) Develop a system for distributing these reports on an 
        ongoing basis to appropriate Federal, State, and local law 
        enforcement agencies.
    (b) Distribution of Information.--Distribute the reports to 
appropriate Federal, State, and local law enforcement agencies on an 
ongoing basis.

  Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

SEC. 611. SHORT TITLE.

    This title may be cited as the ``Northern Border Prosecution 
Initiative Reimbursement Act''.

SEC. 612. NORTHERN BORDER PROSECUTION INITIATIVE.

    (a) Initiative Required.--From amounts made available to carry out 
this section, the Attorney General, acting through the Director of the 
Bureau of Justice Assistance of the Office of Justice Programs, shall 
carry out a program, to be known as the Northern Border Prosecution 
Initiative, to provide funds to reimburse eligible northern border 
entities for costs incurred by those entities for handling case 
dispositions of criminal cases that are federally initiated but 
federally declined-referred. This program shall be modeled after the 
Southwestern Border Prosecution Initiative and shall serve as a partner 
program to that initiative to reimburse local jurisdictions for 
processing Federal cases.
    (b) Provision and Allocation of Funds.--Funds provided under the 
program shall be provided in the form of direct reimbursements and 
shall be allocated in a manner consistent with the manner under which 
funds are allocated under the Southwestern Border Prosecution 
Initiative.
    (c) Use of Funds.--Funds provided to an eligible northern border 
entity may be used by the entity for any lawful purpose, including the 
following purposes:
            (1) Prosecution and related costs.
            (2) Court costs.
            (3) Costs of courtroom technology.
            (4) Costs of constructing holding spaces.
            (5) Costs of administrative staff.
            (6) Costs of defense counsel for indigent defendants.
            (7) Detention costs, including pre-trial and post-trial 
        detention.
    (d) Definitions.--In this section:
            (1) The term ``eligible northern border entity'' means--
                    (A) any of the following States: Alaska, Idaho, 
                Maine, Michigan, Minnesota, Montana, New Hampshire, New 
                York, North Dakota, Ohio, Pennsylvania, Vermont, 
                Washington, and Wisconsin; or
                    (B) any unit of local government within a State 
                referred to in subparagraph (A).
            (2) The term ``federally initiated'' means, with respect to 
        a criminal case, that the case results from a criminal 
        investigation or an arrest involving Federal law enforcement 
        authorities for a potential violation of Federal criminal law, 
        including investigations resulting from multijurisdictional 
        task forces.
            (3) The term ``federally declined-referred'' means, with 
        respect to a criminal case, that a decision has been made in 
        that case by a United States Attorney or a Federal law 
        enforcement agency during a Federal investigation to no longer 
        pursue Federal criminal charges against a defendant and to 
        refer of the investigation to a State or local jurisdiction for 
        possible prosecution. The term includes a decision made on an 
        individualized case-by-case basis as well as a decision made 
        pursuant to a general policy or practice or pursuant to 
        prosecutorial discretion.
            (4) The term ``case disposition'', for purposes of the 
        Northern Border Prosecution Initiative, refers to the time 
        between a suspect's arrest and the resolution of the criminal 
        charges through a county or State judicial or prosecutorial 
        process. Disposition does not include incarceration time for 
        sentenced offenders, or time spent by prosecutors on judicial 
        appeals.

SEC. 613. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
$28,000,000 for fiscal year 2007 and such sums as may be necessary for 
fiscal years after fiscal year 2007.

                      Subtitle C--Criminal Aliens

SEC. 621. REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Within one year after the date of the enactment of 
this Act the Department of Homeland Security shall locate and remove 
all criminal aliens who have been ordered deported as of such enactment 
date.
    (b) Continuation and Expansion of Institutional Removal Program.--
            (1) In general.--The Attorney General and the Secretary of 
        Homeland Security shall continue to operate and implement the 
        Institutional Removal Program, under section 238(a)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1228(a)(1)), which 
        identifies removable criminal aliens serving sentences in 
        Federal and State correctional facilities for crimes set forth 
        in section 238(a)(1) of such Act, ensures such aliens are not 
        released into the community, and removes such aliens from the 
        United States upon completion of their sentences. The 
        Institutional Removal Program shall be designed in accordance 
        with section 238(a)(3) of such Act such that removal 
        proceedings may be initiated and, to the extent possible, 
        completed before completion of a criminal sentence.
            (2) Expansion.--The Institutional Removal Program shall be 
        made available to all States. The Attorney General and 
        Secretary of Homeland Security shall increase the personnel for 
        such program by 750 full-time equivalent personnel for fiscal 
        years 2007 through 2010.
            (3) Training and technical assistance.--The Secretary of 
        Homeland Security shall provide training and technical 
        assistance to State and local correctional officers about the 
        Institutional Removal Program, the roles and responsibilities 
        of Federal immigration authorities in identifying and removing 
        criminal aliens pursuant to section 238(a)(3) of the 
        Immigration and Nationality Act, and methods for communicating 
        between State and local correctional facilities and the Federal 
        immigration agents responsible for removals.
            (4) Cooperation, identification, and notification.--Any 
        State that receives Federal funds pursuant to section 241(i) of 
        the Immigration and Nationality Act (8 U.S.C. 1231(i)) shall--
                    (A) cooperate with Federal Institutional Removal 
                Program officials in carrying out criminal alien 
                removals pursuant to section 238(a)(1) of such Act;
                    (B) permit Federal agents to expeditiously and 
                systematically identify such aliens designated under 
                such section serving criminal sentences in State and 
                local correctional facilities; and
                    (C) facilitate the transfer of such aliens to 
                Federal custody as a condition for receiving such 
                funds.
            (5) Technology usage.--Technology, such as 
        videoconferencing, shall be used to the extent necessary in 
        order to make the Institutional Removal Program available to 
        facilities in remote locations. The purpose of such technology 
        shall be to ensure inmate access to consular officials, and to 
        permit federal officials to screen inmates for deportability 
        pursuant to section 238(a)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1228(a)(1)). Use of technology should 
        in no way impede or interfere with an individual's right to 
        access to legal counsel, full and fair immigration proceedings, 
        and due process.
            (6) Report to congress.--The Secretary of Homeland Security 
        shall submit an annual report to Congress on the participation 
        of States in the Institutional Removal Program. The report 
        should also evaluate the extent to which States and localities 
        submit qualified requests for reimbursement pursuant to section 
        241(i) of the Immigration and National Act, but do not receive 
        compensatory funding for lack of appropriations.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out the institutional removal 
        program--
                    (A) $100,000,000 for fiscal year 2007;
                    (B) $115,000,000 for fiscal year 2008;
                    (C) $130,000,000 for fiscal year 2000; and
                    (D) $145,000,000 for fiscal year 2010.

SEC. 622. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS 
              CHARGED WITH CERTAIN CRIMES.

    (a) In General.--Section 241(i)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)(3)(A)) is amended by inserting 
``charged with or'' before ``convicted''.
    (b) Authorization of Appropriations; Limitation on Use of Funds.--
Section 241(i) of such Act (8 U.S.C. 1231(i)) is amended by striking 
paragraphs (5) and (6) and inserting the following:
            ``(5) There are authorized to be appropriated to carry out 
        this subsection $500,000,000 for fiscal year 2007 and 
        $1,000,000,000 for each of the succeeding ten fiscal years.
            ``(6) Amounts appropriated pursuant to paragraph (5) that 
        are distributed to a State or political subdivision of a State, 
        including a municipality, may be used only for correctional 
        purposes.''.

SEC. 623. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE 
              INCARCERATION OF ILLEGAL ALIENS.

    Section 501 of the Immigration Reform and Control Act of 1986 (8 
U.S.C. 1365) is amended--
            (1) in subsection (a)--
                    (A) by striking ``for the costs'' and inserting the 
                following: ``for--
            ``(1) the costs''; and
                    (B) by striking ``such State.'' and inserting the 
                following: ``such State; and
            ``(2) the indirect costs related to the imprisonment 
        described in paragraph (1).''; and
            (2) by striking subsections (c) through (e) and inserting 
        the following:
    ``(c) Manner of Allotment of Reimbursements.--Reimbursements under 
this section shall be allotted in a manner that gives special 
consideration for any State that--
            ``(1) shares a border with Mexico or Canada; or
            ``(2) includes within the State an area in which a large 
        number of undocumented aliens reside relative to the general 
        population of that area.
    ``(d) Definitions.--As used in this section:
            ``(1) Indirect costs.--The term `indirect costs' includes--
                    ``(A) court costs, county attorney costs, detention 
                costs, and criminal proceedings expenditures that do 
                not involve going to trial;
                    ``(B) indigent defense costs; and
                    ``(C) unsupervised probation costs.
            ``(2) State.--The term `State' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for each of the fiscal years 2007 through 
2011 to carry out subsection (a)(2).''.

SEC. 624. ICE STRATEGY AND STAFFING ASSESSMENT.

    (a) In General.--Not later than December 31 of each year, the 
Secretary of Homeland Security shall submit to the Government 
Accountability Office and the appropriate congressional committees (as 
defined by section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) a written report describing its strategy for deploying human 
resources (including investigators and support personnel) to accomplish 
its border security mission.
    (b) Review.--Not later than 90 days after receiving any report 
under subsection (a), the Government Accountability Office shall submit 
to each appropriate congressional committee (as defined by section 2 of 
the Homeland Security Act of 2002 (6 U.S.C. 101)) a written evaluation 
of such report, including recommendations pertaining to how U.S. 
Immigration and Customs Enforcement could better deploy human resources 
to achieve its border security mission through legislative or 
administrative action.

SEC. 625. CONGRESSIONAL MANDATE REGARDING PROCESSING OF CRIMINAL ALIENS 
              WHILE INCARCERATED.

    The Secretary of Homeland Security shall work with prisons in which 
criminal aliens are incarcerated to complete their removal or 
deportation proceeding before such aliens are released from prison and 
sent to Federal detention.

SEC. 626. INCREASE IN PROSECUTORS AND IMMIGRATION JUDGES AND UNITED 
              STATES MARSHALS.

    (a) Immigration Judge Increase.--The Executive Office for 
Immigration Review in the Department of Justice shall increase the 
number of immigration judges by not less than 75 judges for each of 
fiscal years 2007 through 2010.
    (b) US Attorney Office Increase.--The Department of Justice shall 
dedicate an additional 100 attorney positions at offices of the United 
States Attorney in the States of Arizona, New Mexico, and Texas for the 
enforcement of immigration law and create a supervisory staff position 
to coordinate the enforcement activities in each of fiscal years 2007 
through 2010.
    (c) US Marshall Increase.--The Department of Justice shall provide 
for an increase of 250 United States Marshals to provide support for 
border patrol agents in each of fiscal years 2007 through 2010.

                     Subtitle D--Operation Predator

SEC. 631. DIRECT FUNDING FOR OPERATION PREDATOR.

    (a) In General.--The Operation Predator initiative of the Bureau of 
Immigration and Customs Enforcement (ICE) of the Department of Homeland 
Security is responsible for identifying child predators and removing 
them from the United States if they are subject to deportation.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Operation Predator initiative such funds 
as may be necessary for fiscal year 2007 through fiscal year 2011.

  TITLE VII--FULFILLING FUNDING COMMITMENTS MADE IN THE INTELLIGENCE 
              REFORM AND TERRORISM PREVENTION ACT OF 2004

SEC. 701. BIOMETRIC CENTER OF EXCELLENCE.

    In addition to such other sums as are authorized under law, to 
carry out section 4011(d) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (118 Stat. 3714), there is authorized to be 
appropriated $1,000,000 for fiscal year 2007 for the establishment of a 
competitive center of excellence that will develop and expedite the 
Federal Government's use of biometric identifiers.

SEC. 702. PORTAL DETECTION SYSTEMS.

    In addition to such other sums as are authorized under law, to 
carry out section 44925 of title 49, United States Code, there is 
authorized to be appropriated to the Secretary of Homeland Security for 
the use of the Transportation Security Administration $250,000,000 for 
fiscal year 2007 for research, development, and installation of 
detection systems and other devices for the detection of biological, 
chemical, radiological, and explosive materials.

SEC. 703. BORDER SECURITY TECHNOLOGIES FOR USE BETWEEN PORTS OF ENTRY.

    In addition to such other sums as are authorized under law, to 
carry out subtitle A of title V of the Intelligence Reform and 
Terrorism Prevention Act (118 Stat. 3732), there is authorized to be 
appropriated $25,000,000 for fiscal year 2007 for the formulation of a 
research and development program to test various advanced technologies 
to improve border security between ports of entry as established in 
sections 5101, 5102, 5103, and 5104 of the Intelligence Reform and 
Terrorism Prevention Act of 2004.  

SEC. 704. IMMIGRATION SECURITY INITIATIVE.

    In addition to such other sums as are authorized under law, to 
carry out section 7206 of the Intelligence Reform and Terrorism 
Prevention Act (118 Stat. 3817), there are authorized to be 
appropriated to the Secretary of Homeland Security to carry out the 
amendments made by subsection (a) $40,000,000 for fiscal year 2007.

         TITLE VIII--STATE AND LOCAL LAW ENFORCEMENT PROVISIONS

SEC. 801. AGREEMENTS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO 
              IDENTIFY AND TRANSFER TO FEDERAL CUSTODY CRIMINAL ALIENS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall enter into written 
agreements under section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)) with States and political subdivisions of States to 
train and deputize jail and prison custodial officials--
            (1) to identify each individual in their custody who is a 
        alien and who appears to be deportable under section 237(a)(2) 
        of such Act (8 U.S.C. 1227(a)(2));
            (2) to contact the Department of Homeland Security 
        concerning each alien so identified; and
            (3) to transfer each such identified alien to a Federal law 
        enforcement official for deportation proceedings.

SEC. 802. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION.

    (a) In General.--The Secretary of Homeland Security shall share 
with the Attorney General immigration information.
    (b) Improved Operation of Federal Immigration Databases.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary and the Attorney General 
        shall jointly submit to Congress a report on improving 
        performance of Federal immigration databases to ensure the 
        prompt entry of immigration information into such databases.
            (2) Compatibility.--Such report shall contain 
        recommendations to improve the compatibility among Federal 
        immigration databases in order to--
                    (A) improve data entry, including eliminating of 
                data entry backlogs;
                    (B) increase efficiency; and
                    (C) increase accessibility of information to 
                Federal, State, and local law enforcement agencies.
            (3) Progress.--Such report shall include information on the 
        progress that has been made with respect to the elimination of 
        data entry backlogs in such databases and any additional 
        resources required to eliminate such backlogs.
    (c) Definitions.--For purposes of this section and section 3:
            (1) The term ``DWI'' means driving while intoxicated and 
        includes similar motor vehicle violations.
            (2) The term ``Federal immigration database'' means each of 
        the following:
                    (A) The database of the LESC insofar as it relates 
                to immigration information.
                    (B) The database of the NCIC insofar as it relates 
                to immigration information.
                    (C) Any other database containing immigration 
                information identified by the Secretary of Homeland 
                Security.
            (3) The term ``immigration information'' means information 
        specified by the Secretary of Homeland Security, in 
        consultation with the Attorney General, relating to 
        immigration, including illegal immigration.
            (4) The term ``LESC'' means the Law Enforcement Support 
        Center.
            (5) The term ``NCIC'' means the National Criminal 
        Information Center.
            (6) The term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 803. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION.

    (a) Requirement.--
            (1) In general.--Subject to subsection (c), the director of 
        each State and local law enforcement agency shall collect and 
        report to the Secretary such immigration and DWI information 
        and collected in the course of the director's normal duties, 
        and in such form and manner, as the Secretary may specify for 
        entry into Federal immigration databases.
            (2) Condition of receipt of scaap funding.--If the director 
        of a State or local law enforcement agency does not collect and 
        report information in accordance with paragraph (1), such State 
        or local law enforcement agency shall be ineligible to receive 
        funding under the State Criminal Alien Assistance Program under 
        section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
        1231(i)).
            (3) Report on resources.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary and the 
        Attorney General shall jointly submit to Congress a report on 
        additional resources required by State and local law 
        enforcement agencies to comply with the requirement of 
        paragraph (1).
    (b) Promotion of Law Enforcement Support Center.--The Secretary 
shall promote the use of the LESC to State and local law enforcement 
agencies.
    (c) Exemption From State and Local Reporting of Immigration 
Information.--State and local law enforcement agencies are not required 
to collect and report immigration information relating to individuals 
who assist law enforcement agencies in the performance of their duties, 
including as an informant, witness or in other similar capacity.

SEC. 804. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL 
              INFORMATION CENTER.

    (a) Inclusion.--DWI and immigration information in the NCIC--
            (1) shall appear as a flag on the wants/warrants page of 
        the NCIC; and
            (2) shall be timely and readily available to State and 
        local law enforcement officers while they are in the course of 
        their normal duties.
    (b) Mandatory Detention.--A State or local law enforcement officer 
who finds a flag for a DWI and immigration violation of an alien on the 
wants/warrants page of the NCIC and who arrests the alien shall detain 
the alien in a State or local jail until the alien can be transferred 
to Federal custody.

SEC. 805. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall'' the first place it appears;
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``If such training is provided by a State or 
        political subdivision of a State to an officer or employee of 
        such State or political subdivision of a State, the cost of 
        such training (including applicable cost of overtime) shall be 
        reimbursed by the Secretary of Homeland Security.''; and
            (3) by striking paragraph (9) and redesignating paragraph 
        (10) as paragraph (9).
    (b) Effective Dates.--
            (1) Requirement for agreement.--The amendments made by 
        paragraphs (1) and (3) of subsection (a) shall take effect on 
        such date (not later than 1 year after the date of the 
        enactment of this Act) as the Secretary of Homeland Security 
        shall specify.
            (2) Payment for training costs.--The amendment made by 
        subsection (a)(2) shall take effect on the first day of the 
        first fiscal year beginning after the date of the enactment of 
        this Act.

SEC. 806. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE 
              INTOXICATED (DWI).

    (a) In General.--Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by adding ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) is deportable on any grounds and is 
                apprehended for driving while intoxicated, driving 
                under the influence, or similar violation of State law 
                (as determined by the Secretary of Homeland Security) 
                by a State or local law enforcement officer covered 
                under an agreement under section 287(g),'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Driving While Intoxicated.--If a State or local law 
enforcement officer apprehends an individual for an offense described 
in subsection (c)(1)(E) and the officer has reasonable ground to 
believe that the individual is an alien--
            ``(1) the officer shall verify with the databases of the 
        Federal Government, including the National Criminal Information 
        Center and the Law Enforcement Support Center, whether the 
        individual is an alien and whether such alien is unlawfully 
        present in the United States; and
            ``(2) if any such database--
                    ``(A) indicates that the individual is an alien 
                unlawfully present in the United States--
                            ``(i) an officer covered under an agreement 
                        under section 287(g) is authorized to issue a 
                        Federal detainer to maintain the alien in 
                        custody in accordance with such agreement until 
                        the alien is convicted for such offense or the 
                        alien is transferred to Federal custody;
                            ``(ii) the officer is authorized to 
                        transport the alien to a location where the 
                        alien can be transferred to Federal custody and 
                        shall be removed from the United States in 
                        accordance with applicable law; and
                            ``(iii) the Secretary of Homeland Security 
                        shall reimburse the State and local law 
                        enforcement agencies involved for the costs of 
                        transporting aliens when such transportation is 
                        not done in the course of their normal duties; 
                        or
                    ``(B) indicates that the individual is an alien but 
                is not unlawfully present in the United States, the 
                officer shall take the alien into custody for such 
                offense in accordance with State law and shall promptly 
                notify the Secretary of Homeland Security of such 
                apprehension and maintain the alien in custody pending 
                a determination by the Secretary with respect to any 
                action to be taken by the Secretary against such 
                alien.''.
    (b) Deportation for DWI.--
            (1) In general.--Section 237(a)(2) of such Act (8 U.S.C. 
        1227(a)(2)) is amended by adding at the end the following new 
        subparagraph:
                    ``(F) Driving while intoxicated.--Any alien who is 
                convicted of driving while intoxicated, driving under 
                the influence, or similar violation of State law (as 
                determined by the Secretary of Homeland Security), or 
                who refuses in violation of State law to submit to a 
                Breathalyzer test or other test for the purpose of 
                determining blood alcohol content is deportable and 
                shall be deported.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to violations or refusals occurring after the date 
        of the enactment of this Act.
    (c) Sharing of Information by Motor Vehicle Administrators 
Regarding DWI Convictions and Refusals.--Each State motor vehicle 
administrator shall--
            (1) share with the Secretary of Homeland Security 
        information relating to any alien who has a conviction or 
        refusal described in section 237(a)(2)(F) of the Immigration 
        and Nationality Act;
            (2) share such information with other State motor vehicle 
        administrators through the Drivers License Agreement of the 
        American Association of Motor Vehicle Administrators; and
            (3) enter such information into the NCIC in a timely 
        manner.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. LOCATION AND DEPORTATION OF CRIMINAL ALIENS.

    (a) In General.--The Secretary of Homeland Security shall locate 
and deport all aliens in the United States who are deportable under 
section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)(2), relating to criminal aliens), including such aliens who 
under a ``catch and release'' policy have been apprehended and released 
by Border Patrol agents or other immigration officers pending review of 
their cases.
    (b) Increase in Prosecutors and Other Personnel.--There are 
authorized to be appropriated such sums as may be necessary to provide 
for additional prosecutors and other personnel to effect the 
deportation of aliens under subsection (a).

SEC. 902. DENYING ADMISSION TO FOREIGN GOVERNMENT OFFICIALS OF 
              COUNTRIES DENYING ALIEN RETURN.

    Subsection (d) of section 243 of the Immigration and Nationality 
Act (8 U.S.C. 1253) is amended to read as follows:
    ``(d) Denying Admission to Foreign Government Officials of 
Countries Denying Alien Return.--Whenever the Secretary of Homeland 
Security determines that the government of a foreign country has denied 
or unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed from the United States, the Secretary, in consultation with the 
Secretary of State, may deny admission to any citizen, subject, 
national, or resident of that country who has received a nonimmigrant 
visa pursuant to subparagraphs (A) or (G) of section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), unless such 
denial of admission violates an international treaty in force between 
the United States and that country.''.

SEC. 903. BORDER PATROL TRAINING FACILITY.

    The Secretary of Homeland Security shall establish a Border Patrol 
training facility at a location that is centrally and geographically 
located at United States-Mexico border to assist in the training of 
additional Border Patrol agents authorized under this Act or any other 
provision of law.

SEC. 904. SENSE OF CONGRESS.

    It is the sense of the Congress that the United States will not be 
fully secure until we enhance border security and enforcement, overhaul 
the immigration system, and take a realistic and bipartisan approach to 
dealing with the 12,000,000 undocumented workers already present in the 
country.
                                 <all>