[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2049 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2049

  To improve the security of the United States borders and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2005

 Mr. Domenici (for himself, Mr. Dorgan, and Mr. Talent) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To improve the security of the United States borders and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Modernization 
Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--Except as otherwise provided, the term 
        ``Department'' means the Department of Homeland Security.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.
            (3) State.--Except as otherwise provided, the term 
        ``State'' has the meaning given that term in section 101(a)(36) 
        of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(36)).

SEC. 3. CONSTRUCTION.

    Nothing in this Act may be construed to require law enforcement 
personnel of a State or political subdivision of a State to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary for immigration enforcement 
        purposes;
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States; or
            (3) enforce the immigration laws of the United States.

                       TITLE I--BORDER PROTECTION

                   Subtitle A--Personnel and Training

SEC. 101. PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--
            (1) Customs and border protection officers.--During each of 
        the fiscal years 2007 through 2011, the Secretary shall, 
        subject to the availability of appropriations for such purpose, 
        increase by not less than 1,000 the number of positions for 
        full-time active duty officers of the Bureau of Customs and 
        Border Protection of the Department for such fiscal year.
            (2) Immigration and customs enforcement inspectors.--
        Section 5203 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is 
        amended by striking ``800'' and inserting ``1000''.
            (3) Investigative personnel.--In addition to the positions 
        authorized under section 5203 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004, as amended by paragraph (2), 
        during each of the fiscal years 2007 through 2011, the 
        Secretary shall, subject to the availability of appropriations 
        for such purpose, increase by not less than 100 the number of 
        positions for investigative personnel within the Department to 
        investigate alien smuggling and immigration status violations 
        for such fiscal year.
            (4) Legal personnel.--During each of the fiscal years 2007 
        through 2011, the Secretary shall, subject to the availability 
        of appropriations for such purpose, increase by not less than 
        100 the number of positions for attorneys in the Office of 
        General Counsel of the Department who represent the Department 
        in immigration matters for such fiscal year.
            (5) Waiver of fte limitation.--The Secretary is authorized 
        to waive any limitation on the number of full-time equivalent 
        personnel employed by the Department to fulfill the 
        requirements of paragraph (1) and the amendment made by 
        paragraph (2).
    (b) Training.--The Secretary shall provide appropriate training for 
the agents, officers, inspectors, and associated support staff of the 
Department on an ongoing basis to utilize new technologies and 
techniques and to ensure that the proficiency levels of such personnel 
are acceptable to protect the international borders of the United 
States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of fiscal years 2007 through 
2011, such sums as may be necessary to carry out this section.

SEC. 102. PERSONNEL OF THE DEPARTMENT OF JUSTICE AND OTHER ATTORNEYS.

    (a) Litigation Attorneys.--During each of the fiscal years 2007 
through 2011, the Attorney General shall, subject to the availability 
of appropriations for such purpose, increase by not less than 50 the 
number of positions for attorneys in the Office of Immigration 
Litigation of the Department of Justice for such fiscal year.
    (b) United States Attorneys.--During each of the fiscal years 2007 
through 2011, the Attorney General shall, subject to the availability 
of appropriations for such purpose, increase by not less than 50 the 
number of United States Attorneys to litigate immigration cases in the 
Federal courts for such fiscal year.
    (c) United States Marshals.--During each of the fiscal years 2007 
through 2011, the Attorney General shall, subject to the availability 
of appropriations for such purpose, increase by not less than 50 the 
number of Deputy United States Marshals to investigate criminal 
immigration matters.
    (d) Immigration Judges.--During each of fiscal years 2007 through 
2011, the Attorney General shall, subject to the availability of 
appropriations for such purpose, increase by not less than 100 the 
number of immigration judges for such fiscal year.
    (e) Defense Attorneys.--During each of the fiscal years 2007 
through 2011, the Director of the Administrative Office of the United 
States Courts shall, subject to the availability of appropriations for 
such purpose, increase by not less than 100 the number of attorneys in 
the Federal Defenders Program for such fiscal year.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General for each of fiscal years 2007 
through 2011 such sums as may be necessary to carry out this section, 
including the hiring of necessary support staff.

SEC. 103. USE OF THE NATIONAL GUARD FOR BORDER PROTECTION ACTIVITIES.

    (a) In General.--Section 112 of title 32, United States Code, is 
amended--
            (1) by striking ``drug interdiction and counter-drug 
        activities'' each place it appears and inserting ``drug 
        interdiction, counter drug, and border activities''; and
            (2) in subparagraphs (A) and (B) of subsection (e)(1), by 
        striking ``drug interdiction or counter-drug activities'' each 
        place it appears and inserting ``drug interdiction, counter-
        drug, or border activities''.
    (b) Definition of Drug Interdiction, Counter-Drug, and Border 
Activities.--Subsection (h)(1) of such section is amended to read as 
follows:
            ``(1) The term `drug interdiction, counter-drug, and border 
        activities', with respect to the National Guard of a State, 
        means the use of National Guard personnel in--
                    ``(A) drug interdiction and counter-drug law 
                enforcement activities, including drug demand reduction 
                activities authorized by the law of the State and 
                requested by the Governor of the State; or
                    ``(B) activities conducted in cooperation with 
                personnel of the Department of Homeland Security to 
                secure the international borders of the United States, 
                including constructing roads, fencing, and vehicle 
                barriers, assisting in search and rescue operations 
                conducted by personnel of the Department of Homeland 
                Security, and monitoring international borders, and 
                excluding any law enforcement activities conducted by 
                personnel of the Department of Homeland Security.''.

SEC. 104. DEPUTY BORDER PATROL AGENT PROGRAM.

    (a) Authority to Establish.--The Secretary may establish a Deputy 
Border Patrol Agent Program (in this section referred to as the 
``Program'') in the Office of Border Patrol.
    (b) Purpose.--The purpose of the Program shall be to establish a 
volunteer force of trained, retired law enforcement officers to assist 
the Secretary in carrying out the mission of the Department to achieve 
operational control of the borders of the United States.
    (c) Qualifications.--An individual may participate as a volunteer 
in the Program only if such individual is a retired law enforcement 
officer, who is or was previously licensed by a Federal or State 
authority to enforce Federal, State, or local penal offenses.
    (d) Utilization of Volunteers.--The Secretary may utilize an 
individual who participates as a volunteer in the Program to provide 
such border security functions that the Secretary determines are 
appropriate.
    (e) Training and Other Requirements.--The Secretary may require an 
individual who participates as a volunteer in the Program to 
participate in such training, testing, and other requirements that the 
Secretary determines are appropriate.
    (f) Swearing In.--Upon completion of any training, testing, or 
other procedures required by the Secretary, an individual who 
participates in the Program shall be sworn in and assigned to the 
Office of Border Patrol.
    (g) Assignment of Volunteers.--The Secretary may assign individuals 
participating in the Program to provide patrol services at facilities 
and locations along the international borders of the United States.
    (h) Oversight of Agents.--The Secretary, acting through the 
Commissioner of the Bureau of Customs and Border Protection of the 
Department, shall have oversight of all individuals participating in 
the Program. Such volunteers shall serve at the pleasure of the 
Secretary, acting through the Commissioner of the Bureau of Customs and 
Border Protection.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2007 through 2011 
to carry out this section.

SEC. 105. DOCUMENT FRAUD DETECTION.

    (a) Training.--The Secretary shall provide appropriate officers of 
the Bureau of Customs and Border Protection of the Department with 
training in identifying and detecting fraudulent travel documents. Such 
training shall be developed in consultation with the Forensic Document 
Laboratory of the Bureau of Immigration and Customs Enforcement of such 
Department.
    (b) Forensic Document Laboratory.--The Secretary shall provide all 
officers of the Bureau of Customs and Border Protection with access to 
the Forensic Document Laboratory.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2007 through 2011 
to carry out this section.

                       Subtitle B--Infrastructure

SEC. 111. MODERNIZATION OF BORDER INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Customs and Border Protection of 
        the Department.
            (2) Maquiladora.--The term ``maquiladora'' means an entity 
        located in Mexico that assembles and produces goods from 
        imported parts for export to the United States.
            (3) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (4) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.
    (b) Border Technologies, Assets, and Construction.--
            (1) Acquisition.--The Secretary shall procure technologies 
        necessary to support the mission of the Department to achieve 
        operational control of the international borders of the United 
        States. In determining what technologies to procure, the 
        Secretary shall consult with the Secretary of Defense and the 
        head of the National Laboratories and Technology Centers of the 
        Department of Energy.
            (2) Construction of border control facilities.--The 
        Secretary shall construct roads, acquire vehicle barriers, and 
        construct fencing necessary to support such mission.
            (3) Assets.--The Secretary shall acquire unmanned aerial 
        vehicles, police-type vehicles, helicopters, all terrain 
        vehicles, interoperable communications equipment, firearms, 
        sensors, cameras, lighting and such other equipment and assets 
        as may be necessary to support such mission.
            (4) Facilities.--The Secretary shall construct such 
        facilities as may be necessary to support the number of 
        employees of the Department who are hired pursuant to any 
        provision of this Act or of subtitle B of title V of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 118 Stat. 3733).
            (5) Checkpoints.--The Secretary may construct and maintain 
        temporary or permanent checkpoints on roadways located in close 
        proximity to the northern border or the southern border to 
        support such mission.
    (c) Port of Entry Infrastructure Assessment Study.--
            (1) Requirement to update.--In order to carry out the 
        mission of the Department to achieve operational control of the 
        international borders of the United States, not later than 
        January 31 of each year, the Administrator of General Services 
        shall update the Port of Entry Infrastructure Assessment Study 
        prepared by the United States Customs Service, the Immigration 
        and Naturalization Service, and the General Services 
        Administration in accordance with the matter relating to the 
        ports of entry infrastructure assessment that is set out in the 
        joint explanatory statement in the conference report 
        accompanying H.R. 2490 of the 106th Congress, 1st session 
        (House of Representatives Rep. No. 106-319, page 67) and submit 
        such updated study to Congress.
            (2) Consultation.--In preparing the updated studies 
        required by paragraph (1), the Administrator of General 
        Services shall consult with the Director of the Office of 
        Management and Budget, the Secretary, and the Commissioner.
            (3) Content.--Each updated study required by paragraph (1) 
        shall--
                    (A) identify port of entry infrastructure and 
                technology improvement projects that would enhance 
                border security and facilitate the flow of legitimate 
                commerce if implemented;
                    (B) include the projects identified in the National 
                Land Border Security Plan required by subsection (d); 
                and
                    (C) prioritize each project described in 
                subparagraph (A) or (B) based on the likelihood that 
                the project will--
                            (i) fulfill immediate security 
                        requirements; and
                            (ii) facilitate trade across the borders of 
                        the United States.
            (4) Project implementation.--
                    (A) In general.--The Commissioner shall implement 
                the infrastructure and technology improvement projects 
                described in each updated study required by paragraph 
                (1) in the order of priority assigned to each project 
                under paragraph (3)(C).
                    (B) Exception.--The Commissioner may diverge from 
                the priority order if the Commissioner determines that 
                significantly changed circumstances, such as immediate 
                security needs or changes in infrastructure in Mexico 
                or Canada, compellingly alter the need for a project in 
                the United States.
    (d) National Land Border Security Plan.--
            (1) Requirement for plan.--In order to carry out the 
        mission of the Department to achieve operational control of the 
        international borders of the United States, not later than 
        January 31 of each year, the Secretary shall prepare a National 
        Land Border Security Plan and submit such plan to Congress.
            (2) Consultation.--In preparing the plan required by 
        paragraph (1), the Secretary shall consult with the Under 
        Secretary for Information Analysis and Infrastructure 
        Protection and the Federal, State, and local law enforcement 
        agencies and private entities that are involved in 
        international trade across the northern border or the southern 
        border.
            (3) Vulnerability assessment.--
                    (A) In general.--The plan required by paragraph (1) 
                shall include a vulnerability assessment of each port 
                of entry located on the northern border or the southern 
                border.
                    (B) Port security coordinators.--The Secretary may 
                establish 1 or more port security coordinators at each 
                port of entry located on the northern border or the 
                southern border--
                            (i) to assist in conducting a vulnerability 
                        assessment at such port; and
                            (ii) to provide other assistance with the 
                        preparation of the plan required by paragraph 
                        (1).
    (e) Expansion of Trade Security Programs.--
            (1) Customs-trade partnership against terrorism.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commissioner, in 
                consultation with the Secretary, shall develop a plan 
                to expand the size and scope (including personnel 
                needs) of the Customs-Trade Partnership Against 
                Terrorism programs along the northern border and 
                southern border, including--
                            (i) the Business Anti-Smuggling Coalition;
                            (ii) the Carrier Initiative Program;
                            (iii) the Americas Counter Smuggling 
                        Initiative;
                            (iv) the Free and Secure Trade Initiative; 
                        and
                            (v) other Industry Partnership Programs 
                        administered by the Commissioner.
            (2) Maquiladora demonstration program.--Not later than 180 
        days after the date of enactment of this Act, the Commissioner 
        shall establish a demonstration program to develop a 
        cooperative trade security system with maquiladoras to improve 
        supply chain security.
    (f) Port of Entry Technology Demonstration Program.--
            (1) Establishment.--In order to carry out the mission of 
        the Department to achieve operational control of the 
        international borders of the United States, the Secretary shall 
        carry out a technology demonstration program to test and 
        evaluate new port of entry technologies, refine port of entry 
        technologies and operational concepts, and train personnel 
        under realistic conditions. The Commissioner of the Bureau of 
        Customs and Border Protection shall oversee the program in 
        consultation and cooperation with other divisions of the 
        Department.
            (2) Technology and facilities.--
                    (A) Technology tested.--Under the demonstration 
                program, the Secretary shall test technologies that 
                enhance port of entry operations, including those 
                related to inspections, communications, port tracking, 
                identification of persons and cargo, sensory devices, 
                personal detection, decision support, and the detection 
                and identification of weapons of mass destruction.
                    (B) Facilities developed.--At a demonstration site 
                selected pursuant to paragraph (3)(B), the Secretary 
                shall develop facilities to provide appropriate 
                training to law enforcement personnel who have 
                responsibility for border security, including cross-
                training among agencies, advanced law enforcement 
                training, and equipment orientation.
            (3) Demonstration sites.--
                    (A) Number.--The Secretary shall carry out the 
                demonstration program at not less than 3 sites and not 
                more than 5 sites.
                    (B) Selection criteria.--To ensure that at least 1 
                of the facilities selected as a port of entry 
                demonstration site for the demonstration program has 
                the most up-to-date design, contains sufficient space 
                to conduct the demonstration program, has a traffic 
                volume low enough to easily incorporate new 
                technologies without interrupting normal processing 
                activity, and can efficiently carry out demonstration 
                and port of entry operations, at least 1 port of entry 
                selected as a demonstration site shall--
                            (i) have been established not more than 15 
                        years before the date of enactment of this Act;
                            (ii) consist of not less than 65 acres, 
                        with the possibility of expansion onto not less 
                        than 25 adjacent acres; and
                            (iii) have serviced an average of not more 
                        than 50,000 vehicles per month in the 12 full 
                        months preceding the date of enactment of this 
                        Act.
            (4) Relationship with other agencies.--The Secretary shall 
        permit personnel from an appropriate Federal or State agency to 
        utilize a demonstration site described in paragraph (3) to test 
        technologies that enhance port of entry operations, including 
        those related to inspections, communications, port tracking, 
        identification of persons and cargo, sensory devices, personal 
        detection, decision support, and the detection and 
        identification of weapons of mass destruction.
            (5) Report.--
                    (A) Requirement.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Secretary shall submit to Congress a report on the 
                activities carried out at each demonstration site under 
                the technology demonstration program established under 
                this subsection.
                    (B) Content.--Each report submitted pursuant to 
                subparagraph (A) shall include an assessment by the 
                Secretary of the feasibility of incorporating any 
                demonstrated technology for use throughout the Bureau 
                of Customs and Border Protection.
    (g) Border Patrol Technology Demonstration Program.--
            (1) Establishment.--In order to carry out the mission of 
        the Department to achieve operational control of the 
        international borders of the United States, the Secretary shall 
        carry out a technology demonstration program to test and 
        evaluate new border security technologies and train personnel 
        under realistic conditions.
            (2) Technology and facilities.--
                    (A) Technology tested.--Under the demonstration 
                program, the Secretary shall test technologies that 
                enhance border security, including those related to 
                communications, sensory devices, personal detection, 
                and decision support.
                    (B) Facilities development.--At a site where border 
                patrol agents participate in law enforcement training, 
                the Secretary shall develop facilities to carry out the 
                demonstration program, including providing appropriate 
                training to law enforcement personnel who have 
                responsibility for border security, including cross-
                training among agencies, advanced law enforcement 
                training, and equipment orientation.
            (3) Relationship with other agencies.--The Secretary shall 
        permit personnel from an appropriate Federal or State agency to 
        utilize the demonstration site described in this subsection to 
        test technologies that enhance border security, including those 
        related to communications, sensory devices, personal detection, 
        and decision support.
            (4) Report.--
                    (A) Requirement.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Secretary shall submit to Congress a report on the 
                activities carried out at the demonstration site under 
                the technology demonstration program established under 
                this subsection.
                    (B) Content.--Each report submitted pursuant to 
                subparagraph (A) shall include an assessment by the 
                Secretary of the feasibility of incorporating any 
                demonstrated technology for use throughout the 
                Department.
    (h) International Agreements.--Funds authorized in this Act may be 
used for the implementation of projects described in the Declaration on 
Embracing Technology and Cooperation to Promote the Secure and 
Efficient Flow of People and Commerce across our Shared Border between 
the United States and Mexico, agreed to March 22, 2002, Monterrey, 
Mexico (commonly known as the Border Partnership Action Plan) or the 
Smart Border Declaration between the United States and Canada, agreed 
to December 12, 2001, Ottawa, Canada that are consistent with the 
provisions of this Act.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated the following:
            (1) For each of the fiscal years 2007 through 2011, 
        $1,000,000,000 to carry out subsection (b).
            (2) For each of the fiscal years 2007 through 2011, such 
        sums as may be necessary to carry out paragraph (1) of 
        subsection (c).
            (3) For each of the fiscal years 2007 through 2011, 
        $100,000,000 to carry out paragraph (4) of subsection (c).
            (4) For each of the fiscal years 2007 through 2011, such 
        sums as may be necessary to carry out subsection (d).
            (5)(A) For fiscal year 2007, $30,000,000 to carry out 
        paragraph (1) of subsection (e); and
            (B) For each of the fiscal years 2008 through 2011, such 
        sums as may be necessary to carry out such paragraph.
            (6)(A) For fiscal year 2007, $5,000,000 to carry out 
        paragraph (2) of subsection (e); and
            (B) For each of the fiscal years 2008 through 2011, such 
        sums as may be necessary to carry out such paragraph.
            (7)(A) For fiscal year 2007, $50,000,000 to carry out 
        subsection (f), and not more than $10,000,000 of such amount 
        may be expended for technology demonstration program activities 
        at any 1 port of entry demonstration site during such fiscal 
        year.
            (B) For each of the fiscal years 2008 through 2011, such 
        sums as may be necessary to carry out subsection (f), and not 
        more than $10,000,000 may be expended for technology 
        demonstration program activities at any 1 port of entry 
        demonstration site in any such fiscal year.
            (8) For each of the fiscal years 2007 through 2011, 
        $10,000,000 to carry out subsection (g).

SEC. 112. DETENTION SPACE AND REMOVAL CAPACITY.

    Section 5204(a) of the Intelligence Reform and Terrorism Protection 
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking 
``8,000'' and inserting ``15,000''.

SEC. 113. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FEDERAL FACILITIES IDENTIFIED FOR CLOSURE.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire 
        additional detention facilities in the United States.
            (2) Determination of location.--The location of any 
        detention facility built or acquired in accordance with this 
        subsection shall be determined by the Deputy Assistant Director 
        of the Office of Detention and Removal Operations within the 
        Bureau of Immigration and Customs Enforcement of the 
        Department.
            (3) Use of federal facilities identified for closure.--In 
        acquiring detention facilities under this subsection, the 
        Secretary shall, to the maximum extent practical, request the 
        transfer of appropriate portions of military installations 
        approved for closure or realignment and any other Federal 
        facilities identified for closure.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 114. ALTERNATIVES TO DETENTION.

    The Secretary shall implement demonstration programs in each State 
located along the international border between the United States and 
Canada or along the international border between the United States and 
Mexico to study the effectiveness of alternatives to the detention of 
aliens, including electronic monitoring devices and intensive 
supervision programs, that ensure that alien's appearance at court and 
compliance with removal orders.

                     Subtitle C--Grants for States

SEC. 121. BORDER LAW ENFORCEMENT GRANTS.

    (a) Law Enforcement Agency Defined.--In this section, the term 
``law enforcement agency'' means a Tribal, State, or local law 
enforcement agency.
    (b) Authority to Award Grants.--The Secretary is authorized to 
award grants to an eligible law enforcement agency to provide 
assistance with costs associated with State border security efforts, 
including efforts to combat criminal activity that occurs in the 
jurisdiction of such agency by virtue of such agency's proximity to an 
international border of the United States.
    (c) Criteria.--The Secretary shall award grants under subsection 
(b) on a competitive basis, considering criteria including--
            (1) the law enforcement agency's distance from the 
        international border, with communities closer to the border 
        given priority because of their proximity;
            (2) population, with smaller communities given priority;
            (3) the criminal caseload of the law enforcement agency, 
        based upon the number of felony criminal cases filed per judge 
        in the United States district court located in the district 
        that the law enforcement agency has jurisdiction over, with 
        priority given to those with higher caseloads;
            (4) the percentage of undocumented aliens residing in the 
        law enforcement agency's State compared to the total number of 
        such aliens residing in all States, based on the most recent 
        decennial census; and
            (5) the percentage of undocumented alien apprehensions in 
        the law enforcement agency's State in that fiscal year compared 
        to the total of such apprehensions for all such States for that 
        fiscal year.
    (d) Use of Funds.--Grants awarded under subsection (b) shall be 
used to provide additional resources for a law enforcement agency to 
address criminal activity occurring near an international border of the 
United States, including--
            (1) law enforcement technologies;
            (2) equipment such as police-type vehicles, all terrain 
        vehicles, firearms, sensors, cameras, and lighting; and
            (3) such other resources as are available to assist the law 
        enforcement agency.
    (e) Application.--The head of a law enforcement agency seeking to 
apply for a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and with such information as 
the Secretary may require.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000,000 for each of the fiscal years 2007 through 
2011 to carry out this section.

                    TITLE II--IMMIGRATION PROVISIONS

SEC. 201. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended--
            (1) in subsection (b)(1)(A)(i), by striking ``the officer'' 
        and inserting ``a supervisory officer''; and
            (2) in subsection (c), by adding at the end the following:
            ``(4) Expansion.--The Secretary of Homeland Security shall 
        make the expedited removal procedures under this subsection 
        available in all border patrol sectors on the southern border 
        of the United States as soon as operationally possible.
            ``(5) Training.--The Secretary of Homeland Security shall 
        provide employees of the Department of Homeland Security with 
        comprehensive training on the procedures authorized under this 
        subsection.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for each of fiscal years 2007 through 2011 to 
carry out the amendments made by this section.

SEC. 202. CANCELLATION OF VISAS.

    Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 
1202(g)) is amended--
            (1) in paragraph (1), by inserting ``and any other 
        nonimmigrant visa issued by the United States that is in the 
        possession of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the aliens nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the aliens 
        nationality or foreign residence''.

SEC. 203. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Grounds of Inadmissibility.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(7), by adding at the end the 
        following:
            ``(C) Withholders of biometric data.--Any alien who fails 
        to comply with a lawful request for biometric data is 
        inadmissible.''; and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
            ``(2) The Secretary of Homeland Security may waive the 
        application of subparagraph (C) of subsection (a)(7) for an 
        individual alien or a class of aliens, at the discretion of the 
        Secretary.''.
    (b) Collection of Biometric Data From Aliens Departing the United 
States.--Section 215 of the Immigration and Nationality Act (8 U.S.C. 
1185) is amended--
            (1) by redesignating subsection (c) as subsection (g); and
            (2) by inserting after subsection (b) the following:
    ``(c) The Secretary of Homeland Security is authorized to require 
aliens departing the United States to provide biometric data and other 
information relating to their immigration status.''.
    (c) Inspection of Applicants for Admission.--Section 235(d) of the 
Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding 
at the end the following:
            ``(5) Authority to collect biometric data.--In conducting 
        inspections under subsection (b), immigration officers are 
        authorized to collect biometric data from--
                    ``(A) any applicant for admission or alien seeking 
                to transit through the United States; or
                    ``(B) any lawful permanent resident who is--
                            ``(i) entering the United States; and
                            ``(ii) not regarded as seeking an admission 
                        into the United States pursuant to section 
                        101(a)(13)(C).''.
    (d) Collection of Biometric Data From Alien Crewman.--Section 252 
of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by 
inserting ``Immigration officers are authorized to collect biometric 
data from any alien crewman seeking permission to land temporarily in 
the United States.'' after ``this title''.
    (e) Implementation.--Section 7208 of the 9/11 Commission 
Implementation Act of 2004 (8 U.S.C. 1365b) is amended in subsection 
(l)--
            (1) by striking ``There are authorized'' and inserting the 
        following:
            ``(1) In general.--There are authorized''; and
            (2) by adding at the end the following:
            ``(2) Implementation at all land border ports of entry.--
        There are authorized to be appropriated such sums as may be 
        necessary for each of fiscal years 2008, 2009, and 2010 to 
        implement the automated biometric entry and exit data system at 
        all land border ports of entry.''.

SEC. 204. REIMBURSEMENT FOR STATES.

    (a) Incarceration Costs.--Section 241(i)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)(5)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry out 
        this subsection--
                    ``(A) $750,000,000 for fiscal year 2007;
                    ``(B) $850,000,000 for fiscal year 2008; and
                    ``(C) $950,000,000 for each of the fiscal years 
                2009 through 2011.''.
    (b) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--
            (1) In general.--The Secretary shall reimburse States and 
        units of local government for costs associated with processing 
        illegal aliens through the criminal justice system, including--
                    (A) indigent defense;
                    (B) criminal prosecution;
                    (C) autopsies;
                    (D) translators and interpreters; and
                    (E) courts costs.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $500,000,000 for each of the fiscal years 
        2007 through 2011 to carry out paragraph (1).

SEC. 205. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, or any court may not--
            ``(1) grant or order the grant of adjustment of status to 
        that of an alien lawfully admitted for permanent residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Attorney General, the Secretary, or any court,
until such background and security checks as the Secretary may in his 
discretion require have been completed to the satisfaction of the 
Secretary.''.

SEC. 206. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

    Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1226(a)(2)) is amended to read as follows:
            ``(2) may release the alien on bond of not less than $5,000 
        with security approved by, and containing conditions prescribed 
        by, the Secretary of Homeland Security; but''.

SEC. 207. COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended--
            (1) by striking ``On being notified'' and inserting the 
        following:
            ``(1) In general.--Upon notification''; and
            (2) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (3) by adding at the end the following:
            ``(2) Denial of admission.--The Secretary of Homeland 
        Security, after making a determination 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, and after 
        consultation with the Secretary of State, may deny admission to 
        any citizen, subject, national or resident of that country 
        until the country accepts the alien that was ordered 
        removed.''.

                          TITLE III--PENALTIES

SEC. 301. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by striking ``10 years'' and 
                inserting ``15 years'';
                    (B) in clause (ii), by striking ``5 years'' and 
                inserting ``10 years''; and
                    (C) in clause (iii), by striking ``20 years'' and 
                inserting ``40 years'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``one year, or 
                both; or'' and inserting ``3 years, or both'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by adding at the end the 
                        following: ``be fined under title 18, United 
                        States Code, and imprisoned not less than 5 
                        years nor more than 25 years;'';
                            (ii) in clause (ii), by striking ``or'' at 
                        the end and inserting the following: ``be fined 
                        under title 18, United States Code, and 
                        imprisoned not less than 3 years nor more than 
                        20 years; or''; and
                            (iii) in clause (iii), by adding at the end 
                        the following: ``be fined under title 18, 
                        United States Code, and imprisoned not more 
                        than 15 years; or''; and
                    (C) by striking the matter following clause (iii) 
                and inserting the following:
                    ``(C) in the case of a third or subsequent offense 
                described in subparagraph (B) and for any other 
                violation, shall be fined under title 18, United States 
                Code, and imprisoned not less than 5 years nor more 
                than 15 years.'';
            (3) in paragraph (3)(A), by striking ``5 years'' and 
        inserting ``10 years''; and
            (4) in paragraph (4), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 302. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

    Section 1546 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 25 years'' and 
                inserting ``not less than 25 years'';
                    (B) by inserting ``and if the terrorism offense 
                resulted in the death of any person, shall be punished 
                by death or imprisoned for life,'' after ``section 2331 
                of this title)),'';
                    (C) by striking ``20 years'' and inserting 
                ``imprisoned not more than 40 years'';
                    (D) by striking ``10 years'' and inserting 
                ``imprisoned not more than 20 years''; and
                    (E) by striking ``15 years'' and inserting 
                ``imprisoned not more than 30 years''; and
            (2) in subsection (b), by striking ``5 years'' and 
        inserting ``10 years''.

SEC. 303. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    ``(a) Any alien unlawfully present in the United States, who 
commits, or conspires or attempts to commit, a crime of violence or a 
drug trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in prison.
    ``(b) If an alien who violates subsection (a) was previously 
ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime, the alien 
shall be sentenced to not less than 15 years in prison.
    ``(c) A sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment imposed for any 
other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following:

52. Illegal aliens..........................................       1131

SEC. 304. INCREASED CRIMINAL PENALTIES FOR CRIMINAL STREET GANGS.

    (a) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is determined by a court to be a 
                member of a criminal street gang (as defined in section 
                521(a) of title 18, United States Code) is 
                inadmissible.''.
    (b) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is determined by a court to be a 
                member of a criminal street gang (as defined in section 
                521(a) of title 18, United States Code) is 
                deportable.''.
    (c) Temporary Protected Status.--Section 244(c)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the alien is determined by a court 
                        to be a member of a criminal street gang (as 
                        defined in section 521(a) of title 18, United 
                        States Code).''.

                TITLE IV--REMOVAL AND VIOLATION TRACKING

SEC. 401. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary shall continue to operate 
        the Institutional Removal Program of the Department to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--Not later than 5 years after the date of 
        the enactment of this Act, the Secretary shall expand the 
        Institutional Removal Program to every State.
            (3) State participation.--The appropriate officials of each 
        State in which the Secretary is operating the Institutional 
        Removal Program should--
                    (A) cooperate with Federal officials carrying out 
                the Institutional Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in the prison and jail populations of 
                the State; and
                    (C) promptly convey the information described in 
                subparagraph (B) to the appropriate officials carrying 
                out the Institutional Removal Program.
    (b) Report to Congress.--Not later than 2 years after of the date 
of the enactment of this Act, the Secretary shall submit a report to 
Congress on the participation of the States in the Institutional 
Removal Program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out the expanded Institutional 
Removal Program authorized under subsection (a).

SEC. 402. AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR 
              LOCAL PRISON SENTENCE.

    (a) In General.--Law enforcement officers of a State or political 
subdivision of a State are authorized to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State or local prison 
        sentence in order to effectuate the transfer of the alien to 
        Federal custody when the alien is removable or not lawfully 
        present in the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State or local prison sentence to be detained by an 
        appropriate prison until personnel from the Bureau of 
        Immigration and Customs Enforcement can take the alien into 
        Federal custody.
    (b) Reimbursement.--
            (1) In general.--The Secretary shall reimburse a State or a 
        political subdivision of a State for all reasonable expenses 
        incurred by the State or the political subdivision for the 
        detention of an alien as described in subsection (a).
            (2) Cost computation.--The amount of reimbursement provided 
        for costs incurred carrying out subsection (a) shall be 
        determined pursuant to a formula determined by the Secretary.
    (c) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens and live scan technology shall be 
used to the maximum extent practicable in order to make these resources 
available to State and local law enforcement agencies in remote 
locations.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to reimburse a State or 
political subdivision of a State for the detention of an illegal alien 
pursuant to subsection (b).

SEC. 403. USE OF THE NATIONAL CRIME INFORMATION CENTER DATABASE TO 
              TRACK VIOLATIONS OF IMMIGRATION LAW.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall provide the National 
        Crime Information Center of the Department of Justice with such 
        information as the Director may have related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c); and
                    (C) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be provided to the 
        National Crime Information Center, and the Center shall enter 
        the information into the Immigration Violators File of the 
        National Crime Information Center database if the name and date 
        of birth are available for the individual, regardless of 
        whether the alien received notice of a final order of removal 
        or the alien has already been removed.
            (3) Removal of information.--Should an individual be 
        granted cancellation of removal under section 240A of the 
        Immigration and Nationality Act (8 U.S.C. 1229b), or granted 
        permission to legally enter the United States pursuant to the 
        Immigration and Nationality Act after a voluntary departure 
        under section 240B of the Immigration and Nationality Act (8 
        U.S.C. 1229c), information entered into the National Crime 
        Information Center in accordance with paragraph (1) of this 
        section shall be promptly removed.
    (b) Inclusion of Information in the National Crime Information 
Center Database.--Section 534(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or the alien has already been removed; and''.
                                 <all>