[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3564 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3564

  To provide for comprehensive border security and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2006

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

_______________________________________________________________________

                                 A BILL


 
  To provide for comprehensive border security 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
First Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.
                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle 
                            barriers.
       Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
                            American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT system.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
                            ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
                            entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern 
                            land border of the United States.
Sec. 134. Report on incentives to encourage certain members and former 
                            Members of the Armed Forces to serve in the 
                            Bureau of Customs and Border Protection.
                Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.
                  Subtitle E--Rapid Response Measures

Sec. 151. Deployment of border patrol agents.
Sec. 152. Border patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
                TITLE II--BORDER LAW ENFORCEMENT RELIEF

             Subtitle A--Border Law Enforcement Relief Act

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Border relief grant program.
Sec. 204. Enforcement of Federal immigration law.
             Subtitle B--Additional Law Enforcement Relief

Sec. 211. State criminal alien assistance program.
Sec. 212. Transportation and processing of illegal aliens apprehended 
                            by State and local law enforcement 
                            officers.
Sec. 213. Expedited removal of criminal aliens.
Sec. 214. Increase of Federal detention space and the utilization of 
                            facilities identified for closure as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 215. Northern Border Prosecution Initiative.
Sec. 216. Southwest Border Prosecution Initiative.
Sec. 217. Law enforcement authority of States and political 
                            subdivisions and transfer of aliens to 
                            Federal custody.
     TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

   Subtitle A--Border Infrastructure and Technology Modernization Act

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Port of Entry Infrastructure Assessment Study.
Sec. 304. National Land Border Security Plan.
Sec. 305. Expansion of commerce security programs.
Sec. 306. Port of entry technology demonstration program.
Sec. 307. Authorization of appropriations.
             Subtitle B--Additional Infrastructure Elements

Sec. 311. Surveillance technologies programs.
Sec. 312. Border security on certain Federal land.
Sec. 313. Unmanned aerial vehicles.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 3. 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.

SEC. 4. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance is held to be invalid for any reason, the remainder of 
this Act, the amendments made by this Act, and the application of the 
provisions of such to any other person or circumstance shall not be 
affected by such holding.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) Port of entry inspectors.--In each of the fiscal years 
        2007 through 2011, the Secretary shall, subject to the 
        availability of appropriations, increase by not less than 500 
        the number of positions for full-time active duty port of entry 
        inspectors and provide appropriate training, equipment, and 
        support to such additional inspectors.
            (2) Investigative personnel.--
                    (A) Immigration and customs enforcement 
                investigators.--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''.
                    (B) Additional personnel.--In addition to the 
                positions authorized under section 5203 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004, as amended by subparagraph (A), during each of 
                the fiscal years 2007 through 2011, the Secretary 
                shall, subject to the availability of appropriations, 
                increase by not less than 200 the number of positions 
                for personnel within the Department assigned to 
                investigate alien smuggling.
            (3) Deputy united states marshals.--In each of the fiscal 
        years 2007 through 2011, the Attorney General shall, subject to 
        the availability of appropriations, increase by not less than 
        50 the number of positions for full-time active duty Deputy 
        United States Marshals that investigate criminal matters 
        related to immigration.
            (4) Recruitment of former military personnel.--
                    (A) In general.--The Commissioner of United States 
                Customs and Border Protection, in conjunction with the 
                Secretary of Defense or a designee of the Secretary of 
                Defense, shall establish a program to actively recruit 
                members of the Army, Navy, Air Force, Marine Corps, and 
                Coast Guard who have elected to separate from active 
                duty.
                    (B) Report.--Not later than 180 days after the date 
                of the enactment of this Act, the Commissioner shall 
                submit a report on the implementation of the 
                recruitment program established pursuant to 
                subparagraph (A) to the Committee on the Judiciary of 
                the Senate and the Committee on the Judiciary of the 
                House of Representatives.
    (b) Authorization of Appropriations.--
            (1) Port of entry inspectors.--There are authorized to be 
        appropriated to the Secretary such sums as may be necessary for 
        each of the fiscal years 2007 through 2011 to carry out 
        subsection (a)(1).
            (2) Deputy united states marshals.--There are authorized to 
        be appropriated to the Attorney General such sums as may be 
        necessary for each of the fiscal years 2007 through 2011 to 
        carry out subsection (a)(3).
            (3) Border patrol agents.--Section 5202 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is 
        amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    ``(a) Annual Increases.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase the number of positions for full-time active-duty border 
patrol agents within the Department of Homeland Security (above the 
number of such positions for which funds were appropriated for the 
preceding fiscal year), by--
            ``(1) 2,000 in fiscal year 2006;
            ``(2) 2,400 in fiscal year 2007;
            ``(3) 2,400 in fiscal year 2008;
            ``(4) 2,400 in fiscal year 2009;
            ``(5) 2,400 in fiscal year 2010; and
            ``(6) 2,400 in fiscal year 2011.
    ``(b) Northern Border.--In each of the fiscal years 2006 through 
2011, in addition to the border patrol agents assigned along the 
northern border of the United States during the previous fiscal year, 
the Secretary shall assign a number of border patrol agents equal to 
not less than 20 percent of the net increase in border patrol agents 
during each such fiscal year.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2007 through 2011 to carry out this section.''.

SEC. 102. TECHNOLOGICAL ASSETS.

    (a) Acquisition.--Subject to the availability of appropriations, 
the Secretary shall procure additional unmanned aerial vehicles, 
cameras, poles, sensors, and other technologies necessary to achieve 
operational control of the international borders of the United States 
and to establish a security perimeter known as a ``virtual fence'' 
along such international borders to provide a barrier to illegal 
immigration.
    (b) Increased Availability of Equipment.--The Secretary and the 
Secretary of Defense shall develop and implement a plan to use 
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 
the Secretary in carrying out surveillance activities conducted at or 
near the international land borders of the United States to prevent 
illegal immigration.
    (c) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary and the Secretary of Defense shall submit to 
Congress a report that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist the Secretary in carrying out 
        surveillance of the international land borders of the United 
        States and assessment of the risks to citizens of the United 
        States and foreign policy interests associated with the use of 
        such equipment;
            (2) the plan developed under subsection (b) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning on the date of the 
        submission of the report.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2007 through 2011 to carry out subsection (a).
    (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-year 
period beginning on the date on which the report is submitted under 
subsection (c), the Secretary shall conduct a pilot program to test 
unmanned aerial vehicles for border surveillance along the 
international border between Canada and the United States.
    (f) Construction.--Nothing in this section may 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. 103. INFRASTRUCTURE.

    (a) Construction of Border Control Facilities.--Subject to the 
availability of appropriations, the Secretary shall construct all-
weather roads and acquire additional vehicle barriers and facilities 
necessary to achieve operational control of the international borders 
of the United States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2007 through 2011 to carry out subsection (a).

SEC. 104. BORDER PATROL CHECKPOINTS.

    The Secretary may maintain temporary or permanent checkpoints on 
roadways in border patrol sectors that are located in proximity to the 
international border between the United States and Mexico.

SEC. 105. PORTS OF ENTRY.

    The Secretary is authorized to--
            (1) construct additional ports of entry along the 
        international land borders of the United States, at locations 
        to be determined by the Secretary; and
            (2) make necessary improvements to the ports of entry in 
        existence on the date of the enactment of this Act.

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE 
              BARRIERS.

    (a) Tucson Sector.--The Secretary shall--
            (1) replace all aged, deteriorating, or damaged primary 
        fencing in the Tucson Sector located proximate to population 
        centers in Douglas, Nogales, Naco, and Lukeville, Arizona with 
        double- or triple-layered fencing running parallel to the 
        international border between the United States and Mexico;
            (2) extend the double- or triple-layered fencing for a 
        distance of not less than 2 miles beyond urban areas, except 
        that the double- or triple-layered fence shall extend west of 
        Naco, Arizona, for a distance of 10 miles; and
            (3) construct not less than 150 miles of vehicle barriers 
        and all-weather roads in the Tucson Sector running parallel to 
        the international border between the United States and Mexico 
        in areas that are known transit points for illegal cross-border 
        traffic.
    (b) Yuma Sector.--The Secretary shall--
            (1) replace all aged, deteriorating, or damaged primary 
        fencing in the Yuma Sector located proximate to population 
        centers in Yuma, Somerton, and San Luis, Arizona with double- 
        or triple-layered fencing running parallel to the international 
        border between the United States and Mexico;
            (2) extend the double- or triple-layered fencing for a 
        distance of not less than 2 miles beyond urban areas in the 
        Yuma Sector; and
            (3) construct not less than 50 miles of vehicle barriers 
        and all-weather roads in the Yuma Sector running parallel to 
        the international border between the United States and Mexico 
        in areas that are known transit points for illegal cross-border 
        traffic.
    (c) Other High Trafficked Areas.--The Secretary shall construct not 
less than 370 miles of triple-layered fencing which may include 
portions already constructed in San Diego Tucson and Yuma Sectors, and 
500 miles of vehicle barriers in other areas along the southwest border 
that the Secretary determines are areas that are most often used by 
smugglers and illegal aliens attempting to gain illegal entry into the 
United States.
    (d) Construction Deadline.--The Secretary shall immediately 
commence construction of the fencing, barriers, and roads described in 
subsections (a), (b), and (c) and shall complete such construction not 
later than 2 years after the date of the enactment of this Act.
    (e) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives that describes the progress that has been made 
in constructing the fencing, barriers, and roads described in 
subsections (a), (b), and (c).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

       Subtitle B--Border Security Plans, Strategies, and Reports

SEC. 111. SURVEILLANCE PLAN.

    (a) Requirement for Plan.--The Secretary shall develop a 
comprehensive plan for the systematic surveillance of the international 
land and maritime borders of the United States.
    (b) Content.--The plan required by subsection (a) shall include the 
following:
            (1) An assessment of existing technologies employed on the 
        international land and maritime borders of the United States.
            (2) A description of the compatibility of new surveillance 
        technologies with surveillance technologies in use by the 
        Secretary on the date of the enactment of this Act.
            (3) A description of how the Commissioner of the United 
        States Customs and Border Protection of the Department is 
        working, or is expected to work, with the Under Secretary for 
        Science and Technology of the Department to identify and test 
        surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) Identification of any obstacles that may impede such 
        deployment.
            (6) A detailed estimate of all costs associated with such 
        deployment and with continued maintenance of such technologies.
            (7) A description of how the Secretary is working with the 
        Administrator of the Federal Aviation Administration on safety 
        and airspace control issues associated with the use of unmanned 
        aerial vehicles.
    (c) Submission to Congress.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit to Congress 
the plan required by this section.

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Requirement for Strategy.--The Secretary, in consultation with 
the heads of other appropriate Federal agencies, shall develop a 
National Strategy for Border Security that describes actions to be 
carried out to achieve operational control over all ports of entry into 
the United States and the international land and maritime borders of 
the United States.
    (b) Content.--The National Strategy for Border Security shall 
include the following:
            (1) The implementation schedule for the comprehensive plan 
        for systematic surveillance described in section 111.
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international land and maritime borders 
        of the United States.
            (3) A risk assessment for all United States ports of entry 
        and all portions of the international land and maritime borders 
        of the United States that includes a description of activities 
        being undertaken--
                    (A) to prevent the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) to protect critical infrastructure at or near 
                such ports of entry or borders.
            (4) An assessment of the legal requirements that prevent 
        achieving and maintaining operational control over the entire 
        international land and maritime borders of the United States.
            (5) 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.
            (6) 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.
            (7) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations regarding actions the Secretary can carry out 
        to improve coordination with such authorities to enable border 
        security and enforcement activities to be carried out in a more 
        efficient and effective manner.
            (8) An assessment of existing efforts and technologies used 
        for border security and the effect of the use of such efforts 
        and technologies on civil rights, personal property rights, 
        privacy rights, and civil liberties, including an assessment of 
        efforts to take into account asylum seekers, trafficking 
        victims, unaccompanied minor aliens, and other vulnerable 
        populations.
            (9) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (10) A description of ways to ensure that the free flow of 
        travel and commerce is not diminished by efforts, activities, 
        and programs aimed at securing the international land and 
        maritime borders of the United States.
            (11) An assessment of additional detention facilities and 
        beds that are needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States.
            (12) A description of the performance metrics to be used to 
        ensure accountability by the bureaus of the Department in 
        implementing such Strategy.
            (13) A schedule for the implementation of the security 
        measures described in such Strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement needs, an estimate of the resources 
        needed to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the National Strategy for Border 
Security, the Secretary shall consult with representatives of--
            (1) State, local, and tribal authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border security.
    (d) Coordination.--The National Strategy for Border Security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to Congress 
        the National Strategy for Border Security.
            (2) Updates.--The Secretary shall submit to Congress any 
        update of such Strategy that the Secretary determines is 
        necessary, not later than 30 days after such update is 
        developed.
    (f) Immediate Action.--Nothing in this section or section 111 may 
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.

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH 
              AMERICAN SECURITY.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
State, in coordination with the Secretary and the heads of other 
appropriate Federal agencies, shall submit to Congress a report on 
improving the exchange of information related to the security of North 
America.
    (b) Contents.--Each report submitted under subsection (a) shall 
contain a description of the following:
            (1) Security clearances and document integrity.--The 
        progress made toward the development of common enrollment, 
        security, technical, and biometric standards for the issuance, 
        authentication, validation, and repudiation of secure 
        documents, including--
                    (A) technical and biometric standards based on best 
                practices and consistent with international standards 
                for the issuance, authentication, validation, and 
                repudiation of travel documents, including--
                            (i) passports;
                            (ii) visas; and
                            (iii) permanent resident cards;
                    (B) working with Canada and Mexico to encourage 
                foreign governments to enact laws to combat alien 
                smuggling and trafficking, and laws to forbid the use 
                and manufacture of fraudulent travel documents and to 
                promote information sharing;
                    (C) applying the necessary pressures and support to 
                ensure that other countries meet proper travel document 
                standards and are committed to travel document 
                verification before the citizens of such countries 
                travel internationally, including travel by such 
                citizens to the United States; and
                    (D) providing technical assistance for the 
                development and maintenance of a national database 
                built upon identified best practices for biometrics 
                associated with visa and travel documents.
            (2) Immigration and visa management.--The progress of 
        efforts to share information regarding high-risk individuals 
        who may attempt to enter Canada, Mexico, or the United States, 
        including the progress made--
                    (A) in implementing the Statement of Mutual 
                Understanding on Information Sharing, signed by Canada 
                and the United States in February 2003; and
                    (B) in identifying trends related to immigration 
                fraud, including asylum and document fraud, and to 
                analyze such trends.
            (3) Visa policy coordination and immigration security.--The 
        progress made by Canada, Mexico, and the United States to 
        enhance the security of North America by cooperating on visa 
        policy and identifying best practices regarding immigration 
        security, including the progress made--
                    (A) in enhancing consultation among officials who 
                issue visas at the consulates or embassies of Canada, 
                Mexico, or the United States throughout the world to 
                share information, trends, and best practices on visa 
                flows;
                    (B) in comparing the procedures and policies of 
                Canada and the United States related to visitor visa 
                processing, including--
                            (i) application process;
                            (ii) interview policy;
                            (iii) general screening procedures;
                            (iv) visa validity;
                            (v) quality control measures; and
                            (vi) access to appeal or review;
                    (C) in exploring methods for Canada, Mexico, and 
                the United States to waive visa requirements for 
                nationals and citizens of the same foreign countries;
                    (D) in providing technical assistance for the 
                development and maintenance of a national database 
                built upon identified best practices for biometrics 
                associated with immigration violators;
                    (E) in developing and implementing an immigration 
                security strategy for North America that works toward 
                the development of a common security perimeter by 
                enhancing technical assistance for programs and systems 
                to support advanced automated reporting and risk 
                targeting of international passengers;
                    (F) in sharing information on lost and stolen 
                passports on a real-time basis among immigration or law 
                enforcement officials of Canada, Mexico, and the United 
                States; and
                    (G) in collecting 10 fingerprints from each 
                individual who applies for a visa.
            (4) North american visitor overstay program.--The progress 
        made by Canada and the United States in implementing parallel 
        entry-exit tracking systems that, while respecting the privacy 
        laws of both countries, share information regarding third 
        country nationals who have overstayed their period of 
        authorized admission in either Canada or the United States.
            (5) Terrorist watch lists.--The progress made in enhancing 
        the capacity of the United States to combat terrorism through 
        the coordination of counterterrorism efforts, including the 
        progress made--
                    (A) in developing and implementing bilateral 
                agreements between Canada and the United States and 
                between Mexico and the United States to govern the 
                sharing of terrorist watch list data and to 
                comprehensively enumerate the uses of such data by the 
                governments of each country;
                    (B) in establishing appropriate linkages among 
                Canada, Mexico, and the United States Terrorist 
                Screening Center; and
                    (C) in exploring with foreign governments the 
                establishment of a multilateral watch list mechanism 
                that would facilitate direct coordination between the 
                country that identifies an individual as an individual 
                included on a watch list, and the country that owns 
                such list, including procedures that satisfy the 
                security concerns and are consistent with the privacy 
                and other laws of each participating country.
            (6) Money laundering, currency smuggling, and alien 
        smuggling.--The progress made in improving information sharing 
        and law enforcement cooperation in combating organized crime, 
        including the progress made--
                    (A) in combating currency smuggling, money 
                laundering, alien smuggling, and trafficking in 
                alcohol, firearms, and explosives;
                    (B) in implementing the agreement between Canada 
                and the United States known as the Firearms Trafficking 
                Action Plan;
                    (C) in determining the feasibility of formulating a 
                firearms trafficking action plan between Mexico and the 
                United States;
                    (D) in developing a joint threat assessment on 
                organized crime between Canada and the United States;
                    (E) in determining the feasibility of formulating a 
                joint threat assessment on organized crime between 
                Mexico and the United States;
                    (F) in developing mechanisms to exchange 
                information on findings, seizures, and capture of 
                individuals transporting undeclared currency; and
                    (G) in developing and implementing a plan to combat 
                the transnational threat of illegal drug trafficking.
            (7) Law enforcement cooperation.--The progress made in 
        enhancing law enforcement cooperation among Canada, Mexico, and 
        the United States through enhanced technical assistance for the 
        development and maintenance of a national database built upon 
        identified best practices for biometrics associated with known 
        and suspected criminals or terrorists, including exploring the 
        formation of law enforcement teams that include personnel from 
        the United States and Mexico, and appropriate procedures for 
        such teams.

SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

    (a) Technical Assistance.--The Secretary of State, in coordination 
with the Secretary, shall work to cooperate with the head of Foreign 
Affairs Canada and the appropriate officials of the Government of 
Mexico to establish a program--
            (1) to assess the specific needs of Guatemala and Belize in 
        maintaining the security of the international borders of such 
        countries;
            (2) to use the assessment made under paragraph (1) to 
        determine the financial and technical support needed by 
        Guatemala and Belize from Canada, Mexico, and the United States 
        to meet such needs;
            (3) to provide technical assistance to Guatemala and Belize 
        to promote issuance of secure passports and travel documents by 
        such countries; and
            (4) to encourage Guatemala and Belize--
                    (A) to control alien smuggling and trafficking;
                    (B) to prevent the use and manufacture of 
                fraudulent travel documents; and
                    (C) to share relevant information with Mexico, 
                Canada, and the United States.
    (b) Border Security for Belize, Guatemala, and Mexico.--The 
Secretary, in consultation with the Secretary of State, shall work to 
cooperate--
            (1) with the appropriate officials of the Government of 
        Guatemala and the Government of Belize to provide law 
        enforcement assistance to Guatemala and Belize that 
        specifically addresses immigration issues to increase the 
        ability of the Government of Guatemala to dismantle human 
        smuggling organizations and gain additional control over the 
        international border between Guatemala and Belize; and
            (2) with the appropriate officials of the Government of 
        Belize, the Government of Guatemala, the Government of Mexico, 
        and the governments of neighboring contiguous countries to 
        establish a program to provide needed equipment, technical 
        assistance, and vehicles to manage, regulate, and patrol the 
        international borders between Mexico and Guatemala and between 
        Mexico and Belize.
    (c) Tracking Central American Gangs.--The Secretary of State, in 
coordination with the Secretary and the Director of the Federal Bureau 
of Investigation, shall work to cooperate with the appropriate 
officials of the Government of Mexico, the Government of Guatemala, the 
Government of Belize, and the governments of other Central American 
countries--
            (1) to assess the direct and indirect impact on the United 
        States and Central America of deporting violent criminal 
        aliens;
            (2) to establish a program and database to track 
        individuals involved in Central American gang activities;
            (3) to develop a mechanism that is acceptable to the 
        governments of Belize, Guatemala, Mexico, the United States, 
        and other appropriate countries to notify such a government if 
        an individual suspected of gang activity will be deported to 
        that country prior to the deportation and to provide support 
        for the reintegration of such deportees into that country; and
            (4) to develop an agreement to share all relevant 
        information related to individuals connected with Central 
        American gangs.
    (d) Limitations on Assistance.--Any funds made available to carry 
out this section shall be subject to the limitations contained in 
section 551 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat. 
2218).

SEC. 115. 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 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 combat 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.
    (d) Savings Provision.--Nothing in this section may be construed to 
provide additional authority to any State or local entity to enforce 
Federal immigration laws.

SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

    (a) Collection of Statistics.--The Commissioner of the Bureau of 
Customs and Border Protection shall collect statistics relating to 
deaths occurring at the border between the United States and Mexico, 
including--
            (1) the causes of the deaths; and
            (2) the total number of deaths.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Commissioner of the Bureau of 
Customs and Border Protection shall submit to the Secretary a report 
that--
            (1) analyzes trends with respect to the statistics 
        collected under subsection (a) during the preceding year; and
            (2) recommends actions to reduce the deaths described in 
        subsection (a).

             Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2007, the Secretary shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the Automated Biometric Fingerprint 
        Identification System (IDENT) of the Department and the 
        Integrated Automated Fingerprint Identification System (IAFIS) 
        of the Federal Bureau of Investigation to ensure more 
        expeditious data searches; and
            (2) in consultation with the Secretary of State, collect 
        all 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. 1365a).

SEC. 122. SECURE COMMUNICATION.

    The Secretary shall, as expeditiously as practicable, develop and 
implement a plan to improve the use of satellite communications and 
other technologies to ensure clear and secure 2-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 borders of the United 
        States; and
            (4) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 123. 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 Secretary 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 such curriculum has changed since September 
        11, 2001, and an evaluation of language and cultural diversity 
        training programs provided within such curriculum.
            (2) A review and a detailed breakdown of the costs incurred 
        by the Bureau of Customs and Border Protection and the Federal 
        Law Enforcement Training Center to train 1 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 
        training programs provided by State and local agencies, 
        nonprofit organizations, universities, and the private sector.
            (4) An evaluation of whether utilizing comparable non-
        Federal training programs, proficiency testing, and long-
        distance learning programs may affect--
                    (A) the cost-effectiveness of increasing the number 
                of border patrol agents trained per year;
                    (B) the per agent costs of basic training; and
                    (C) the scope and quality of basic training needed 
                to fulfill the mission and duties of a border patrol 
                agent.

SEC. 124. US-VISIT SYSTEM.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary, in consultation with the heads of other appropriate 
Federal agencies, shall submit to Congress a schedule for--
            (1) equipping all land border ports of entry of the United 
        States with the U.S.-Visitor and Immigrant Status Indicator 
        Technology (US-VISIT) system implemented under section 110 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1365a);
            (2) developing and deploying at such ports of entry the 
        exit component of the US-VISIT system; and
            (3) making interoperable all immigration screening systems 
        operated by the Secretary.

SEC. 125. DOCUMENT FRAUD DETECTION.

    (a) Training.--Subject to the availability of appropriations, the 
Secretary shall provide all Customs and Border Protection officers with 
training in identifying and detecting fraudulent travel documents. Such 
training shall be developed in consultation with the head of the 
Forensic Document Laboratory of the Bureau of Immigration and Customs 
Enforcement.
    (b) Forensic Document Laboratory.--The Secretary shall provide all 
Customs and Border Protection officers with access to the Forensic 
Document Laboratory.
    (c) Assessment.--
            (1) Requirement for assessment.--The Inspector General of 
        the Department shall conduct an independent assessment of the 
        accuracy and reliability of the Forensic Document Laboratory.
            (2) Report to congress.--Not later than 6 months after the 
        date of the enactment of this Act, the Inspector General shall 
        submit to Congress the findings of the assessment required by 
        paragraph (1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
fiscal years 2007 through 2011 to carry out this section.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

    (a) In General.--Section 303 of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in the heading, by striking ``entry and exit 
        documents'' and inserting ``travel and entry documents and 
        evidence of status'';
            (3) in subsection (b)(1)--
                    (A) by striking ``Not later than October 26, 2004, 
                the'' and inserting ``The''; and
                    (B) by striking ``visas and'' both places it 
                appears and inserting ``visas, evidence of status, 
                and'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following:
    ``(d) Other Documents.--Not later than October 26, 2007, every 
document, other than an interim document, issued by the Secretary of 
Homeland Security, which may be used as evidence of an alien's status 
as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be 
machine-readable and tamper-resistant, and shall incorporate a 
biometric identifier to allow the Secretary of Homeland Security to 
verify electronically the identity and status of the alien.''.

SEC. 127. CANCELLATION OF VISAS.

    Section 222(g) (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) 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 alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Collection of Biometric Data From Aliens Departing the United 
States.--Section 215 (8 U.S.C. 1185) is amended--
            (1) by redesignating subsection (c) as subsection (g);
            (2) by moving subsection (g), as redesignated by paragraph 
        (1), to the end; and
            (3) 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.''.
    (b) Inspection of Applicants for Admission.--Section 235(d) (8 
U.S.C. 1225(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 entering 
                the United States and who is not regarded as seeking 
                admission pursuant to section 101(a)(13)(C).''.
    (c) Collection of Biometric Data From Alien Crewmen.--Section 252 
(8 U.S.C. 1282) is amended by adding at the end the following:
    ``(d) An immigration officer is authorized to collect biometric 
data from an alien crewman seeking permission to land temporarily in 
the United States.''.
    (d) Grounds of Inadmissibility.--Section 212 (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 
                knowingly fails to comply with a lawful request for 
                biometric data under section 215(c) or 235(d) is 
                inadmissible.''; and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
            ``(2) The Secretary of Homeland Security shall determine 
        whether a ground for inadmissibility exists with respect to an 
        alien described in subparagraph (C) of subsection (a)(7) and 
        may waive the application of such subparagraph for an 
        individual alien or a class of aliens, at the discretion of the 
        Secretary.''.
    (e) Implementation.--Section 7208 of the 9/11 Commission 
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
            (1) in subsection (c), by adding at the end the following:
            ``(3) Implementation.--In fully implementing the automated 
        biometric entry and exit data system under this section, the 
        Secretary is not required to comply with the requirements of 
        chapter 5 of title 5, United States Code (commonly referred to 
        as the Administrative Procedure Act) or any other law relating 
        to rulemaking, information collection, or publication in the 
        Federal Register.''; and
            (2) in subsection (l)--
                    (A) by striking ``There are authorized'' and 
                inserting the following:
            ``(1) In general.--There are authorized''; and
                    (B) 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 2007 and 2008 to implement 
        the automated biometric entry and exit data system at all land 
        border ports of entry.''.

SEC. 129. BORDER STUDY.

    (a) Southern Border Study.--The Secretary, in consultation with the 
Attorney General, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Defense, the Secretary of Commerce, and 
the Administrator of the Environmental Protection Agency, shall conduct 
a study on the construction of a system of physical barriers along the 
southern international land and maritime border of the United States.
    (b) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the study described in subsection (a).

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department shall 
review each contract action relating to the Secure Border Initiative 
having a value of more 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 time lines. The Inspector General shall 
complete a review under this subsection with respect to each 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) Inspector General.--
            (1) Action.--If the Inspector General becomes aware of any 
        improper conduct or wrongdoing in the course of conducting a 
        contract review under subsection (a), the Inspector General 
        shall, as expeditiously as practicable, refer information 
        relating to such improper conduct or wrongdoing to the 
        Secretary, or to another appropriate official of the 
        Department, who shall determine whether to temporarily suspend 
        the contractor from further participation in the Secure Border 
        Initiative.
            (2) Report.--Upon the completion of each review described 
        in subsection (a), the Inspector General shall submit to the 
        Secretary a report containing the findings of the review, 
        including findings regarding--
                    (A) cost overruns;
                    (B) significant delays in contract execution;
                    (C) lack of rigorous departmental contract 
                management;
                    (D) insufficient departmental financial oversight;
                    (E) bundling that limits the ability of small 
                businesses to compete; or
                    (F) other high-risk business practices.
    (c) Reports by the Secretary.--
            (1) In general.--Not later than 30 days after the receipt 
        of each report required under subsection (b)(2), the Secretary 
        shall submit a report, to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives, that describes--
                    (A) the findings of the report received from the 
                Inspector General; and
                    (B) the steps the Secretary has taken, or plans to 
                take, to address the problems identified in such 
                report.
            (2) Contracts with foreign companies.--Not later than 60 
        days after the initiation of each contract action with a 
        company whose headquarters is not based in the United States, 
        the Secretary shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives, regarding the Secure Border 
        Initiative.
    (d) Reports on United States Ports.--Not later than 30 days after 
receiving information regarding a proposed purchase of a contract to 
manage the operations of a United States port by a foreign entity, the 
Committee on Foreign Investment in the United States shall submit a 
report to Congress that describes--
            (1) the proposed purchase;
            (2) any security concerns related to the proposed purchase; 
        and
            (3) the manner in which such security concerns have been 
        addressed.
    (e) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General of the Department, there are authorized to be 
appropriated to the Office, to enable the Office to carry out this 
section--
            (1) for fiscal year 2007, not less than 5 percent of the 
        overall budget of the Office for such fiscal year;
            (2) for fiscal year 2008, not less than 6 percent of the 
        overall budget of the Office for such fiscal year; and
            (3) for fiscal year 2009, not less than 7 percent of the 
        overall budget of the Office for such fiscal year.

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Beginning on October 1, 2007, an alien (other than 
a national of Mexico) who is attempting to illegally enter the United 
States and who is apprehended at a United States port of entry or along 
the international land and maritime border of the United States shall 
be detained until removed or a final decision granting admission has 
been determined, unless the alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and immediately departs from the United 
        States pursuant to such section; or
            (2) is paroled into the United States by the Secretary for 
        urgent humanitarian reasons or significant public benefit in 
        accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
        1182(d)(5)(A)).
    (b) Requirements During Interim Period.--Beginning 60 days after 
the date of the enactment of this Act and before October 1, 2007, an 
alien described in subsection (a) may be released with a notice to 
appear only if--
            (1) the Secretary determines, after conducting all 
        appropriate background and security checks on the alien, that 
        the alien does not pose a national security risk; and
            (2) the alien provides a bond of not less than $5,000.
    (c) Rules of Construction.--
            (1) Asylum and removal.--Nothing in this section shall be 
        construed as limiting the right of an alien to apply for asylum 
        or for relief or deferral of removal based on a fear of 
        persecution.
            (2) Treatment of certain aliens.--The mandatory detention 
        requirement in subsection (a) does not apply to any alien who 
        is a native or citizen of a country in the Western Hemisphere 
        with whose government the United States does not have full 
        diplomatic relations.
            (3) Discretion.--Nothing in this section shall be construed 
        as limiting the authority of the Secretary, in the Secretary's 
        sole unreviewable discretion, to determine whether an alien 
        described in clause (ii) of section 235(b)(1)(B) of the 
        Immigration and Nationality Act shall be detained or released 
        after a finding of a credible fear of persecution (as defined 
        in clause (v) of such section).

SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, 
              ENTRY, OR CLEARANCE REQUIREMENTS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 555. Evasion of inspection or during violation of arrival, 
              reporting, entry, or clearance requirements
    ``(a) Prohibition.--A person shall be punished as described in 
subsection (b) if such person attempts to elude or eludes customs, 
immigration, or agriculture inspection or fails to stop at the command 
of an officer or employee of the United States charged with enforcing 
the immigration, customs, or other laws of the United States at a port 
of entry or customs or immigration checkpoint.
    ``(b) Penalties.--A person who commits an offense described in 
subsection (a) shall be--
            ``(1) fined under this title;
            ``(2)(A) imprisoned for not more than 3 years, or both;
            ``(B) imprisoned for not more than 10 years, or both, if in 
        commission of this violation, attempts to inflict or inflicts 
        bodily injury (as defined in section 1365(g) of this title); or
            ``(C) imprisoned for any term of years or for life, or 
        both, if death results, and may be sentenced to death; or
            ``(3) both fined and imprisoned under this subsection.
    ``(c) Conspiracy.--If 2 or more persons conspire to commit an 
offense described in subsection (a), and 1 or more of such persons do 
any act to effect the object of the conspiracy, each shall be 
punishable as a principal, except that the sentence of death may not be 
imposed.
    ``(d) Prima Facie Evidence.--For the purposes of seizure and 
forfeiture under applicable law, in the case of use of a vehicle or 
other conveyance in the commission of this offense, or in the case of 
disregarding or disobeying the lawful authority or command of any 
officer or employee of the United States under section 111(b), such 
conduct shall constitute prima facie evidence of smuggling aliens or 
merchandise.''.
    (b) Conforming Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``555. Evasion of inspection or during violation of arrival, reporting, 
                            entry, or clearance requirements.''.
    (c) Failure to Obey Border Enforcement Officers.--Section 111 of 
title 18, United States Code, is amended by inserting after subsection 
(b) the following:
    ``(c) Failure To Obey Lawful Orders of Border Enforcement 
Officers.--Whoever willfully disregards or disobeys the lawful 
authority or command of any officer or employee of the United States 
charged with enforcing the immigration, customs, or other laws of the 
United States while engaged in, or on account of, the performance of 
official duties shall be fined under this title or imprisoned for not 
more than 5 years, or both.''.

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN 
              LAND BORDER OF THE UNITED STATES.

    (a) Authority To Provide Assistance.--
            (1) Annual training duty.--With the approval of the 
        Secretary of Defense, the Governor of a State may order any 
        units or personnel of the National Guard of such State to 
        perform annual training duty under section 502(a) of title 32, 
        United States Code, to carry out in any State along the 
        southern land border of the United States the activities 
        authorized in subsection (b), for the purpose of securing such 
        border. Such duty shall not exceed 21 days in any year.
            (2) Other support.--With the approval of the Secretary of 
        Defense, the Governor of a State may order any units or 
        personnel of the National Guard of such State to perform duty 
        under section 502(f) of title 32, United States Code, to 
        provide command, control, and continuity of support for units 
        or personnel performing annual training duty under paragraph 
        (1).
    (b) Authorized Activities.--The activities authorized by this 
subsection are any of the following:
            (1) Ground reconnaissance activities.
            (2) Airborne reconnaissance activities.
            (3) Logistical support.
            (4) Provision of translation services and training.
            (5) Administrative support services.
            (6) Technical training services.
            (7) Emergency medical assistance and services.
            (8) Communications services.
            (9) Rescue of aliens in peril.
            (10) Construction of roadways, patrol roads, fences, 
        barriers, and other facilities to secure the southern land 
        border of the United States.
            (11) Ground and air transportation.
    (c) Cooperative Agreements.--Units and personnel of the National 
Guard of a State may perform activities in another State under 
subsection (a) only pursuant to the terms of an emergency management 
assistance compact or other cooperative arrangement entered into 
between Governors of such States for purposes of this section, and only 
with the approval of the Secretary of Defense.
    (d) Coordination of Assistance.--The Secretary shall, in 
consultation with the Secretary of Defense and the Governors of the 
States concerned, coordinate the performance of activities under this 
section by units and personnel of the National Guard.
    (e) Annual Training.--Annual training duty performed by members of 
the National Guard under subsection (a) shall be appropriate for the 
units and individual members concerned, taking into account the types 
of units and military occupational specialties of individual members 
performing such duty.
    (f) Definitions.--In this section:
            (1) Governor of a state.--The term ``Governor of a State'' 
        means, in the case of the District of Columbia, the Commanding 
        General of the National Guard of the District of Columbia.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, and the Virgin Islands.
            (3) State along the southern border of the united states.--
        The term ``State along the southern border of the United 
        States'' means each of the following:
                    (A) The State of Arizona.
                    (B) The State of California.
                    (C) The State of New Mexico.
                    (D) The State of Texas.
    (g) Duration of Authority.--The authority of this section shall 
expire on January 1, 2009.
    (h) Prohibition on Direct Participation in Law Enforcement.--
Activities carried out under the authority of this section shall not 
include the direct participation of a member of the National Guard in a 
search, seizure, arrest, or similar activity.

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER 
              MEMBERS OF THE ARMED FORCES TO SERVE IN THE BUREAU OF 
              CUSTOMS AND BORDER PROTECTION.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary and the Secretary of Defense shall 
jointly submit to the appropriate committees of Congress a report 
assessing the desirability and feasibility of offering incentives to 
covered members and former members of the Armed Forces for the purpose 
of encouraging such members to serve in the Bureau of Customs and 
Border Protection.
    (b) Covered Members and Former Members of the Armed Forces.--For 
purposes of this section, covered members and former members of the 
Armed Forces are the following:
            (1) Members of the reserve components of the Armed Forces.
            (2) Former members of the Armed Forces within 2 years of 
        separation from service in the Armed Forces.
    (c) Requirements and Limitations.--
            (1) Nature of incentives.--In considering incentives for 
        purposes of the report required by subsection (a), the 
        Secretaries shall consider such incentives, whether monetary or 
        otherwise and whether or not authorized by current law or 
        regulations, as the Secretaries jointly consider appropriate.
            (2) Targeting of incentives.--In assessing any incentive 
        for purposes of the report, the Secretaries shall give 
        particular attention to the utility of such incentive in--
                    (A) encouraging service in the Bureau of Customs 
                and Border Protection after service in the Armed Forces 
                by covered members and former members of the Armed 
                Forces who have provided border patrol or border 
                security assistance to the Bureau as part of their 
                duties as members of the Armed Forces; and
                    (B) leveraging military training and experience by 
                accelerating training, or allowing credit to be applied 
                to related areas of training, required for service with 
                the Bureau of Customs and Border Protection.
            (3) Payment.--In assessing incentives for purposes of the 
        report, the Secretaries shall assume that any costs of such 
        incentives shall be borne by the Department.
    (d) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of various monetary and non-monetary 
        incentives considered for purposes of the report.
            (2) An assessment of the desirability and feasibility of 
        utilizing any such incentive for the purpose specified in 
        subsection (a), including an assessment of the particular 
        utility of such incentive in encouraging service in the Bureau 
        of Customs and Border Protection after service in the Armed 
        Forces by covered members and former members of the Armed 
        Forces described in subsection (c)(2).
            (3) Any other matters that the Secretaries jointly consider 
        appropriate.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Homeland Security, 
        and Appropriations of the House of Representatives.

                Subtitle D--Border Tunnel Prevention Act

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Border Tunnel Prevention Act''.

SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

    (a) In General.--Chapter 27 of title 18, United States Code, as 
amended by section 132, is further amended by adding at the end the 
following:
``Sec. 556. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by the Bureau 
of Immigration and Customs Enforcement, shall be fined under this title 
and imprisoned for not more than 20 years.
    ``(b) Any person who knows or recklessly disregards the 
construction or use of a tunnel or passage described in subsection (a) 
on land that the person owns or controls shall be fined under this 
title and imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a 
maximum term of imprisonment that is twice the maximum term of 
imprisonment that would have otherwise been applicable had the unlawful 
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, as amended by section 132, is further 
amended by adding at the end the following:

``Sec. 556. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``556,'' before ``1425,''.

SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate or amend 
sentencing guidelines to provide for increased penalties for persons 
convicted of offenses described in section 556 of title 18, United 
States Code, as added by section 142.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines, policy 
        statements, and official commentary reflect the serious nature 
        of the offenses described in section 556 of title 18, United 
        States Code, and the need for aggressive and appropriate law 
        enforcement action to prevent such offenses;
            (2) provide adequate base offense levels for offenses under 
        such section;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a tunnel or passage described in 
                subsection (a) of such section to facilitate other 
                felonies; and
                    (B) the circumstances for which the sentencing 
                guidelines currently provide applicable sentencing 
                enhancements;
            (4) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (5) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (6) ensure that the sentencing guidelines adequately meet 
        the purposes of sentencing set forth in section 3553(a)(2) of 
        title 18, United States Code.

                  Subtitle E--Rapid Response Measures

SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.

    (a) Emergency Deployment of Border Patrol Agents.--
            (1) 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 (referred to in this 
        subtitle as ``agents'') from the Secretary, the Secretary, 
        subject to paragraphs (1) and (2), may provide the State with 
        not more than 1,000 additional agents for the purpose of 
        patrolling and defending the international border, in order to 
        prevent individuals from crossing the international border into 
        the United States at any location other than an authorized port 
        of entry.
            (2) Consultation.--Upon receiving a request for agents 
        under paragraph (1), the Secretary, after consultation with the 
        President, shall grant such request to the extent that 
        providing such agents will not significantly impair the 
        Department's ability to provide border security for any other 
        State.
            (3) Collective bargaining.--Emergency deployments under 
        this subsection shall be made in accordance with all applicable 
        collective bargaining agreements and obligations.
    (b) Elimination of Fixed Deployment of Border Patrol Agents.--The 
Secretary shall ensure that agents are not precluded from performing 
patrol duties and apprehending violators of law, except in unusual 
circumstances if the temporary use of fixed deployment positions is 
necessary.
    (c) Increase in Full-Time Border Patrol Agents.--Section 5202(a)(1) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 
Stat. 3734), as amended by section 101(b)(2), is further amended by 
striking ``2,000'' and inserting ``3,000''.

SEC. 152. BORDER PATROL MAJOR ASSETS.

    (a) Control of Border Patrol Assets.--The United States Border 
Patrol shall have complete and exclusive administrative and operational 
control over all the assets utilized in carrying out its mission, 
including, aircraft, watercraft, vehicles, detention space, 
transportation, and all of the personnel associated with such assets.
    (b) Helicopters and Power Boats.--
            (1) Helicopters.--The Secretary shall increase, by not less 
        than 100, the number of helicopters under the control of the 
        United States Border Patrol. The Secretary shall ensure that 
        appropriate types of helicopters are procured for the various 
        missions being performed.
            (2) Power boats.--The Secretary shall increase, by not less 
        than 250, the number of power boats under the control of the 
        United States Border Patrol. The Secretary 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.
            (3) Use and training.--The Secretary shall--
                    (A) establish an overall policy on how the 
                helicopters and power boats procured under this 
                subsection will be used; and
                    (B) implement training programs for the agents who 
                use such assets, including safe operating procedures 
                and rescue operations.
    (c) Motor Vehicles.--
            (1) Quantity.--The Secretary shall establish a fleet of 
        motor vehicles appropriate for use by the United States Border 
        Patrol that will permit a ratio of not less than 1 police-type 
        vehicle for every 3 agents. These police-type vehicles shall be 
        replaced not less than every 3 years. The Secretary shall 
        ensure that there are sufficient numbers and types of other 
        motor vehicles to support the mission of the United States 
        Border Patrol.
            (2) Features.--All motor vehicles purchased for the United 
        States Border Patrol shall--
                    (A) be appropriate for the mission of the United 
                States Border Patrol; and
                    (B) have a panic button and a global positioning 
                system device that is activated solely in emergency 
                situations to track the location of agents in distress.

SEC. 153. ELECTRONIC EQUIPMENT.

    (a) Portable Computers.--The Secretary 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.
    (b) Radio Communications.--The Secretary shall augment the existing 
radio communications system so that all law enforcement personnel 
working in each area where United States Border Patrol operations are 
conducted have clear and encrypted 2-way radio communication 
capabilities at all times. Each portable communications device shall be 
equipped with a panic button and a global positioning system device 
that is activated solely in emergency situations to track the location 
of agents in distress.
    (c) Hand-Held Global Positioning System Devices.--The Secretary 
shall ensure that each United States Border Patrol agent is issued a 
state-of-the-art hand-held global positioning system device for 
navigational purposes.
    (d) Night Vision Equipment.--The Secretary shall ensure that 
sufficient quantities of state-of-the-art night vision equipment are 
procured and maintained to enable each United States Border Patrol 
agent working during the hours of darkness to be equipped with a 
portable night vision device.

SEC. 154. PERSONAL EQUIPMENT.

    (a) Body Armor.--The Secretary shall ensure that every agent is 
issued high-quality body armor that is appropriate for the climate and 
risks faced by the agent. Each agent shall be permitted to select from 
among a variety of approved brands and styles. Agents shall be strongly 
encouraged, but not required, to wear such body armor whenever 
practicable. All body armor shall be replaced not less than every 5 
years.
    (b) Weapons.--The Secretary shall ensure that agents are equipped 
with weapons that are reliable and effective to protect themselves, 
their fellow agents, and innocent third parties from the threats posed 
by armed criminals. The Secretary shall ensure that the policies of the 
Department authorize all agents to carry weapons that are suited to the 
potential threats that they face.
    (c) Uniforms.--The Secretary shall ensure that all agents are 
provided with all necessary uniform items, including outerwear suited 
to the climate, footwear, belts, holsters, and personal protective 
equipment, at no cost to such agents. Such items shall be replaced at 
no cost to such agents as they become worn, unserviceable, or no longer 
fit properly.

SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for each of the fiscal years 2007 through 2011 to 
carry out this subtitle.

                TITLE II--BORDER LAW ENFORCEMENT RELIEF

             Subtitle A--Border Law Enforcement Relief Act

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Border Law Enforcement Relief 
Act of 2006''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) It is the obligation of the Federal Government of the 
        United States to adequately secure the Nation's borders and 
        prevent the flow of undocumented persons and illegal drugs into 
        the United States.
            (2) Despite the fact that the United States Border Patrol 
        apprehends over 1,000,000 people each year trying to illegally 
        enter the United States, according to the Congressional 
        Research Service, the net growth in the number of unauthorized 
        aliens has increased by approximately 500,000 each year. The 
        Southwest border accounts for approximately 94 percent of all 
        migrant apprehensions each year. Currently, there are an 
        estimated 11,000,000 unauthorized aliens in the United States.
            (3) The border region is also a major corridor for the 
        shipment of drugs. According to the El Paso Intelligence 
        Center, 65 percent of the narcotics that are sold in the 
        markets of the United States enter the country through the 
        Southwest border.
            (4) Border communities continue to incur significant costs 
        due to the lack of adequate border security. A 2001 study by 
        the United States-Mexico Border Counties Coalition found that 
        law enforcement and criminal justice expenses associated with 
        illegal immigration exceed $89,000,000 annually for the 
        Southwest border counties.
            (5) In August 2005, the States of New Mexico and Arizona 
        declared states of emergency in order to provide local law 
        enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.
            (6) While the Federal Government provides States and 
        localities assistance in covering costs related to the 
        detention of certain criminal aliens and the prosecution of 
        Federal drug cases, local law enforcement along the border are 
        provided no assistance in covering such expenses and must use 
        their limited resources to combat drug trafficking, human 
        smuggling, kidnappings, the destruction of private property, 
        and other border-related crimes.
            (7) The United States shares 5,525 miles of border with 
        Canada and 1,989 miles with Mexico. Many of the local law 
        enforcement agencies located along the border are small, rural 
        departments charged with patrolling large areas of land. 
        Counties along the Southwest United States-Mexico border are 
        some of the poorest in the country and lack the financial 
        resources to cover the additional costs associated with illegal 
        immigration, drug trafficking, and other border-related crimes.
            (8) Federal assistance is required to help local law 
        enforcement operating along the border address the unique 
        challenges that arise as a result of their proximity to an 
        international border and the lack of overall border security in 
        the region

SEC. 203. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the United States border; and
                    (B) the impact of any lack of security along the 
                United States border.
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2007 through 2011.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of less than 50,000; and
                    (B) located no more than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
only be used to provide additional resources for an eligible law 
enforcement agency to address criminal activity occurring along any 
such border, including--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--In this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency--
                    (A) located in a county no more than 100 miles from 
                a United States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) located in a county more than 100 miles from 
                any such border, but where such county has been 
                certified by the Secretary as a High Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of fiscal years 2007 through 2011 to carry 
        out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        authorized under paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (f) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not supplant other State 
and local public funds obligated for the purposes provided under this 
title.

SEC. 204. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

    Nothing in this subtitle shall be construed to authorize State or 
local law enforcement agencies or their officers to exercise Federal 
immigration law enforcement authority.

             Subtitle B--Additional Law Enforcement Relief

SEC. 211. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--The Secretary shall reimburse States and units of 
local government for costs associated with processing undocumented 
criminal aliens through the criminal justice system, including--
            (1) indigent defense;
            (2) criminal prosecution;
            (3) autopsies;
            (4) translators and interpreters; and
            (5) court costs.
    (b) Authorization of Appropriations.--
            (1) Processing criminal illegal aliens.--There are 
        authorized to be appropriated $400,000,000 for each of the 
        fiscal years 2007 through 2012 to carry out subsection (a).
            (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
        1231(i)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry this 
        subsection--
                    ``(A) such sums as may be necessary for fiscal year 
                2007;
                    ``(B) $750,000,000 for fiscal year 2008;
                    ``(C) $850,000,000 for fiscal year 2009; and
                    ``(D) $950,000,000 for each of the fiscal years 
                2010 through 2012.''.
    (c) Technical Amendment.--Section 501 of the Immigration Reform and 
Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney 
General'' each place it appears and inserting ``Secretary of Homeland 
Security''.

SEC. 212. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED 
              BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) In General.--The Secretary shall provide sufficient 
transportation and officers to take illegal aliens apprehended by State 
and local law enforcement officers into custody for processing at a 
detention facility operated by the Department.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2007 through 2011 to carry out this section.

SEC. 213. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) by striking the section heading and inserting 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by striking the subsection heading 
        and inserting: ``Expedited Removal From Correctional 
        Facilities.--'';
            (3) in subsection (b), by striking the subsection heading 
        and inserting: ``Removal of Criminal Aliens.--'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary of Homeland Security may, 
        in the case of an alien described in paragraph (2), determine 
        the deportability of such alien and issue an order of removal 
        pursuant to the procedures set forth in this subsection or 
        section 240.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has not been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) was convicted of any criminal offense 
                described in subparagraph (A)(iii), (C), or (D) of 
                section 237(a)(2).'';
            (5) in the subsection (c) that relates to presumption of 
        deportability, by striking ``convicted of an aggravated 
        felony'' and inserting ``described in subsection (b)(2)'';
            (6) by redesignating the subsection (c) that relates to 
        judicial removal as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Application to Certain Aliens.--
            (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C. 
        1225(b)(1)(A)(iii)) is amended--
                    (A) in subclause (I), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'' each place it appears; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) Exception.--Notwithstanding 
                                subclauses (I) and (II), the Secretary 
                                of Homeland Security shall apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any alien (other than 
                                an alien described in subparagraph (F)) 
                                who is not a national of a country 
                                contiguous to the United States, who 
                                has not been admitted or paroled into 
                                the United States, and who is 
                                apprehended within 100 miles of an 
                                international land border of the United 
                                States and within 14 days of entry.''.
            (2) Exception.--Section 235(b)(1)(F) (8 U.S.C. 
        1225(b)(1)(F)) is amended to read as follows:
                    ``(F) Exception.--Subparagraph (A) shall not apply 
                to an alien--
                            ``(i) who is a native or citizen of a 
                        country in the Western Hemisphere with whose 
                        government the United States does not have full 
                        diplomatic relations; and
                            ``(ii) who--
                                    ``(I) arrives by aircraft at a port 
                                of entry; or
                                    ``(II) is present in the United 
                                States and arrived in any manner at or 
                                between a port of entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended or convicted on or after such date.

SEC. 214. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FACILITIES IDENTIFIED FOR CLOSURE AS A RESULT OF THE 
              DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire, 
        in addition to existing facilities for the detention of aliens, 
        at least 20 detention facilities in the United States that have 
        the capacity to detain a combined total of not less than 20,000 
        individuals at any time for aliens detained pending removal or 
        a decision on removal of such aliens from the United States 
        subject to available appropriations.
    (b) Construction of or Acquisition of Detention Facilities.--
            (1) Requirement to construct or acquire.--The Secretary 
        shall construct or acquire additional detention facilities in 
        the United States to accommodate the detention beds required by 
        section 5204(a) of the Intelligence Reform and Terrorism 
        Protection Act of 2004, as amended by subsection (a), subject 
        to available appropriations.
            (2) Use of alternate detention facilities.--Subject to the 
        availability of appropriations, the Secretary shall fully 
        utilize all possible options to cost effectively increase 
        available detention capacities, and shall utilize detention 
        facilities that are owned and operated by the Federal 
        Government if the use of such facilities is cost effective.
            (3) Use of installations under base closure laws.--In 
        acquiring additional detention facilities under this 
        subsection, the Secretary shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 
        101-510; 10 U.S.C. 2687 note) for use in accordance with 
        subsection (a).
            (4) Determination of location.--The location of any 
        detention facility constructed or acquired in accordance with 
        this subsection shall be determined, with the concurrence of 
        the Secretary, by the senior officer responsible for Detention 
        and Removal Operations in the Department. The detention 
        facilities shall be located so as to enable the officers and 
        employees of the Department to increase to the maximum extent 
        practicable the annual rate and level of removals of illegal 
        aliens from the United States.
    (c) Annual Report to Congress.--Not later than 1 year after the 
date of the enactment of this Act, and annually thereafter, in 
consultation with the heads of other appropriate Federal agencies, the 
Secretary shall submit to Congress an assessment of the 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.
    (d) Technical and Conforming Amendment.--Section 241(g)(1) (8 
U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting 
``shall expend''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 215. NORTHERN BORDER PROSECUTION INITIATIVE.

    (a) Initiative Required.--
            (1) In general.--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 establish and 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.
            (2) Relation with southwestern border prosecution 
        initiative.--The program established in paragraph (1) shall--
                    (A) be modeled after the Southwestern Border 
                Prosecution Initiative; and
                    (B) 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 established in subsection (a) shall be--
            (1) provided in the form of direct reimbursements; and
            (2) 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 under this section may be used by the entity for any lawful 
purpose, including:
            (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; and
            (7) detention costs, including pretrial and posttrial 
        detention.
    (d) Definitions.--In this section:
            (1) Case disposition.--The term ``case disposition''--
                    (A) for purposes of the Northern Border Prosecution 
                Initiative, refers to the time between the arrest of a 
                suspect and the resolution of the criminal charges 
                through a county or State judicial or prosecutorial 
                process; and
                    (B) does not include incarceration time for 
                sentenced offenders or time spent by prosecutors on 
                judicial appeals.
            (2) Eligible northern border entity.--The term ``eligible 
        northern border entity'' means--
                    (A) the States of 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).
            (3) Federally declined-referred.--The term ``federally 
        declined-referred''--
                    (A) 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 such 
                investigation to a State or local jurisdiction for 
                possible prosecution; and
                    (B) includes a decision made on a case-by-case 
                basis as well as a decision made pursuant to a general 
                policy or practice or pursuant to prosecutorial 
                discretion.
            (4) Federally initiated.--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 
        multi-jurisdictional task forces.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $28,000,000 for fiscal year 2006 
and such sums as may be necessary for fiscal years thereafter.

SEC. 216. SOUTHWEST BORDER PROSECUTION INITIATIVE.

    (a) Reimbursement to State and Local Prosecutors for Prosecuting 
Federally Initiated Drug Cases.--The Attorney General shall, subject to 
the availability of appropriations, reimburse Southern Border State and 
county prosecutors for prosecuting federally initiated and referred 
drug cases.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for each of the fiscal years 2007 through 2012 
to carry out subsection (a).

SEC. 217. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

    (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by 
adding after section 240C the following:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

    ``(a) Authority.--Notwithstanding any other provision of law, law 
enforcement personnel of a State, or a political subdivision of a 
State, have the inherent authority of a sovereign entity to 
investigate, apprehend, arrest, detain, or transfer to Federal custody 
(including transporting across State lines to detention centers) an 
alien for the purpose of assisting in the enforcement of the criminal 
provisions of the immigration laws of the United States in the normal 
course of carrying out the law enforcement duties of such personnel. 
This State authority has never been displaced or preempted by a Federal 
law.
    ``(b) Construction.--Nothing in this section shall be construed to 
require law enforcement personnel of a State or a political subdivision 
to assist in the enforcement of the immigration laws of the United 
States.
    ``(c) Transfer.--If the head of a law enforcement entity of a State 
(or, if appropriate, a political subdivision of the State) exercising 
authority with respect to the apprehension or arrest of an alien 
submits a request to the Secretary of Homeland Security that the alien 
be taken into Federal custody, the Secretary of Homeland Security--
            ``(1) shall--
                    ``(A) deem the request to include the inquiry to 
                verify immigration status described in section 642(c) 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373(c)), and 
                expeditiously inform the requesting entity whether such 
                individual is an alien lawfully admitted to the United 
                States or is otherwise lawfully present in the United 
                States; and
                    ``(B) if the individual is an alien who is not 
                lawfully admitted to the United States or otherwise is 
                not lawfully present in the United States--
                            ``(i) take the illegal alien into the 
                        custody of the Federal Government not later 
                        than 72 hours after--
                                    ``(I) the conclusion of the State 
                                charging process or dismissal process; 
                                or
                                    ``(II) the illegal alien is 
                                apprehended, if no State charging or 
                                dismissal process is required; or
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily detain 
                        or transport the alien to a location for 
                        transfer to Federal custody; and
            ``(2) shall designate at least 1 Federal, State, or local 
        prison or jail or a private contracted prison or detention 
        facility within each State as the central facility for that 
        State to transfer custody of aliens to the Department of 
        Homeland Security.
    ``(d) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State, or a political subdivision of a State, for 
        expenses, as verified by the Secretary, incurred by the State 
        or political subdivision in the detention and transportation of 
        an alien as described in subparagraphs (A) and (B) of 
        subsection (c)(1).
            ``(2) Cost computation.--Compensation provided for costs 
        incurred under subparagraphs (A) and (B) of subsection (c)(1) 
        shall be the sum of--
                    ``(A) the product of--
                            ``(i) the average daily cost of 
                        incarceration of a prisoner in the relevant 
                        State, as determined by the chief executive 
                        officer of a State (or, as appropriate, a 
                        political subdivision of the State); multiplied 
                        by
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision;
                    ``(B) the cost of transporting the alien from the 
                point of apprehension or arrest to the location of 
                detention, and if the location of detention and of 
                custody transfer are different, to the custody transfer 
                point; and
                    ``(C) the cost of uncompensated emergency medical 
                care provided to a detained alien during the period 
                between the time of transmittal of the request 
                described in subsection (c) and the time of transfer 
                into Federal custody.
    ``(e) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that--
            ``(1) aliens incarcerated in a Federal facility pursuant to 
        this section are held in facilities which provide an 
        appropriate level of security; and
            ``(2) aliens detained solely for civil violations of 
        Federal immigration law are separated within a facility or 
        facilities, if practicable.
    ``(f) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended aliens from the 
custody of those States, and political subdivisions of States, which 
routinely submit requests described in subsection (c), into Federal 
custody.
    ``(g) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Before entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or if appropriate, the political 
        subdivision in which the agencies are located, has in place any 
        formal or informal policy that violates section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373). The Secretary shall not allocate any of 
        the funds made available under this section to any State or 
        political subdivision that has in place a policy that violates 
        such section.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There are authorized to be appropriated $850,000,000 for fiscal year 
2007 and for each subsequent fiscal year for the detention and removal 
of aliens not lawfully present in the United States under the 
Immigration and Nationality Act (8 U.S.C. 1101 et. seq.).

     TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

   Subtitle A--Border Infrastructure and Technology Modernization Act

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Border Infrastructure and 
Technology Modernization Act''.

SEC. 302. DEFINITIONS.

    In this subtitle:
            (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.

SEC. 303. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

    (a) Requirement To Update.--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 Bureau of Customs and 
Border Protection 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, on page 67) and submit such updated study to Congress.
    (b) Consultation.--In preparing the updated studies required in 
subsection (a), the Administrator of General Services shall consult 
with the Director of the Office of Management and Budget, the 
Secretary, and the Commissioner.
    (c) Content.--Each updated study required in subsection (a) shall--
            (1) identify port of entry infrastructure and technology 
        improvement projects that would enhance border security and 
        facilitate the flow of legitimate commerce if implemented;
            (2) include the projects identified in the National Land 
        Border Security Plan required by section 304; and
            (3) prioritize the projects described in paragraphs (1) and 
        (2) based on the ability of a project to--
                    (A) fulfill immediate security requirements; and
                    (B) facilitate trade across the borders of the 
                United States.
    (d) Project Implementation.--The Commissioner shall implement the 
infrastructure and technology improvement projects described in 
subsection (c) in the order of priority assigned to each project under 
subsection (c)(3).
    (e) Divergence From Priorities.--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.

SEC. 304. NATIONAL LAND BORDER SECURITY PLAN.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary, after 
consultation with representatives of Federal, State, and local law 
enforcement agencies and private entities that are involved in 
international trade across the northern border or the southern border, 
shall submit a National Land Border Security Plan to Congress.
    (b) Vulnerability Assessment.--
            (1) In general.--The plan required in subsection (a) shall 
        include a vulnerability assessment of each port of entry 
        located on the northern border or the southern border.
            (2) 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--
                    (A) to assist in conducting a vulnerability 
                assessment at such port; and
                    (B) to provide other assistance with the 
                preparation of the plan required in subsection (a).

SEC. 305. EXPANSION OF COMMERCE SECURITY PROGRAMS.

    (a) Customs-Trade Partnership Against Terrorism.--
            (1) 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, of the Customs-Trade Partnership 
        Against Terrorism programs along the northern border and 
        southern border, including--
                    (A) the Business Anti-Smuggling Coalition;
                    (B) the Carrier Initiative Program;
                    (C) the Americas Counter Smuggling Initiative;
                    (D) the Container Security Initiative;
                    (E) the Free and Secure Trade Initiative; and
                    (F) other Industry Partnership Programs 
                administered by the Commissioner.
            (2) Southern border demonstration program.--Not later than 
        180 days after the date of enactment of this Act, the 
        Commissioner shall implement, on a demonstration basis, at 
        least 1 Customs-Trade Partnership Against Terrorism program 
        along the southern border, which has been successfully 
        implemented along the northern border.
    (b) 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 to improve supply chain security.

SEC. 306. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary shall carry out a technology 
demonstration program to--
            (1) test and evaluate new port of entry technologies;
            (2) refine port of entry technologies and operational 
        concepts; and
            (3) train personnel under realistic conditions.
    (b) Technology and Facilities.--
            (1) Technology testing.--Under the technology demonstration 
        program, the Secretary shall test technologies that enhance 
        port of entry operations, including operations related to--
                    (A) inspections;
                    (B) communications;
                    (C) port tracking;
                    (D) identification of persons and cargo;
                    (E) sensory devices;
                    (F) personal detection;
                    (G) decision support; and
                    (H) the detection and identification of weapons of 
                mass destruction.
            (2) Development of facilities.--At a demonstration site 
        selected pursuant to subsection (c)(2), the Secretary shall 
        develop facilities to provide appropriate training to law 
        enforcement personnel who have responsibility for border 
        security, including--
                    (A) cross-training among agencies;
                    (B) advanced law enforcement training; and
                    (C) equipment orientation.
    (c) Demonstration Sites.--
            (1) Number.--The Secretary shall carry out the 
        demonstration program at not less than 3 sites and not more 
        than 5 sites.
            (2) 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--
                    (A) have been established not more than 15 years 
                before the date of the enactment of this Act;
                    (B) consist of not less than 65 acres, with the 
                possibility of expansion to not less than 25 adjacent 
                acres; and
                    (C) have serviced an average of not more than 
                50,000 vehicles per month during the 1-year period 
                ending on the date of the enactment of this Act.
    (d) Relationship With Other Agencies.--The Secretary shall permit 
personnel from an appropriate Federal or State agency to utilize a 
demonstration site described in subsection (c) to test technologies 
that enhance port of entry operations, including technologies described 
in subparagraphs (A) through (H) of subsection (b)(1).
    (e) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        the 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 section.
            (2) Content.--The report submitted under paragraph (1) 
        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.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available, 
there are authorized to be appropriated--
            (1) such sums as may be necessary for the fiscal years 2007 
        through 2011 to carry out the provisions of section 303(a);
            (2) to carry out section 303(d)--
                    (A) $100,000,000 for each of the fiscal years 2007 
                through 2011; and
                    (B) such sums as may be necessary in any succeeding 
                fiscal year;
            (3) to carry out section 305(a)--
                    (A) $30,000,000 for fiscal year 2007, of which 
                $5,000,000 shall be made available to fund the 
                demonstration project established in section 306(a)(2); 
                and
                    (B) such sums as may be necessary for the fiscal 
                years 2008 through 2011;
            (4) to carry out section 305(b)--
                    (A) $5,000,000 for fiscal year 2007; and
                    (B) such sums as may be necessary for the fiscal 
                years 2008 through 2011; and
            (5) to carry out section 306, provided that not more than 
        $10,000,000 may be expended for technology demonstration 
        program activities at any 1 port of entry demonstration site in 
        any fiscal year--
                    (A) $50,000,000 for fiscal year 2007; and
                    (B) such sums as may be necessary for each of the 
                fiscal years 2008 through 2011.
    (b) International Agreements.--Amounts authorized to be 
appropriated under this subtitle 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 subtitle.

             Subtitle B--Additional Infrastructure Elements

SEC. 311. SURVEILLANCE TECHNOLOGIES PROGRAMS.

    (a) Aerial Surveillance Program.--
            (1) In general.--In conjunction with the border 
        surveillance plan developed under section 5201 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
        later than 90 days after the date of enactment of this Act, 
        shall develop and implement a program to fully integrate and 
        utilize aerial surveillance technologies, including unmanned 
        aerial vehicles, to enhance the security of the international 
        border between the United States and Canada and the 
        international border between the United States and Mexico. The 
        goal of the program shall be to ensure continuous monitoring of 
        each mile of each such border.
            (2) Assessment and consultation requirements.--In 
        developing the program under this subsection, the Secretary 
        shall--
                    (A) consider current and proposed aerial 
                surveillance technologies;
                    (B) assess the feasibility and advisability of 
                utilizing such technologies to address border threats, 
                including an assessment of the technologies considered 
                best suited to address respective threats;
                    (C) consult with the Secretary of Defense regarding 
                any technologies or equipment, which the Secretary may 
                deploy along an international border of the United 
                States; and
                    (D) consult with the Administrator of the Federal 
                Aviation Administration regarding safety, airspace 
                coordination and regulation, and any other issues 
                necessary for implementation of the program.
            (3) Additional requirements.--
                    (A) In general.--The program developed under this 
                subsection shall include the use of a variety of aerial 
                surveillance technologies in a variety of topographies 
                and areas, including populated and unpopulated areas 
                located on or near an international border of the 
                United States, in order to evaluate, for a range of 
                circumstances--
                            (i) the significance of previous 
                        experiences with such technologies in border 
                        security or critical infrastructure protection;
                            (ii) the cost and effectiveness of various 
                        technologies for border security, including 
                        varying levels of technical complexity; and
                            (iii) liability, safety, and privacy 
                        concerns relating to the utilization of such 
                        technologies for border security.
            (4) Continued use of aerial surveillance technologies.--The 
        Secretary may continue the operation of aerial surveillance 
        technologies while assessing the effectiveness of the 
        utilization of such technologies.
            (5) Report to congress.--Not later than 180 days after 
        implementing the program under this subsection, the Secretary 
        shall submit a report to Congress regarding the program 
        developed under this subsection. The Secretary shall include in 
        the report a description of the program together with such 
        recommendations as the Secretary finds appropriate for 
        enhancing the program.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (b) Integrated and Automated Surveillance Program.--
            (1) Requirement for program.--Subject to the availability 
        of appropriations, the Secretary shall establish a program to 
        procure additional unmanned aerial vehicles, cameras, poles, 
        sensors, satellites, radar coverage, and other technologies 
        necessary to achieve operational control of the international 
        borders of the United States and to establish a security 
        perimeter known as a ``virtual fence'' along such international 
        borders to provide a barrier to illegal immigration. Such 
        program shall be known as the Integrated and Automated 
        Surveillance Program.
            (2) Program components.--The Secretary shall ensure, to the 
        maximum extent feasible, the Integrated and Automated 
        Surveillance Program is carried out in a manner that--
                    (A) the technologies utilized in the Program are 
                integrated and function cohesively in an automated 
                fashion, including the integration of motion sensor 
                alerts and cameras, whereby a sensor alert 
                automatically activates a corresponding camera to pan 
                and tilt in the direction of the triggered sensor;
                    (B) cameras utilized in the Program do not have to 
                be manually operated;
                    (C) such camera views and positions are not fixed;
                    (D) surveillance video taken by such cameras can be 
                viewed at multiple designated communications centers;
                    (E) a standard process is used to collect, catalog, 
                and report intrusion and response data collected under 
                the Program;
                    (F) future remote surveillance technology 
                investments and upgrades for the Program can be 
                integrated with existing systems;
                    (G) performance measures are developed and applied 
                that can evaluate whether the Program is providing 
                desired results and increasing response effectiveness 
                in monitoring and detecting illegal intrusions along 
                the international borders of the United States;
                    (H) plans are developed under the Program to 
                streamline site selection, site validation, and 
                environmental assessment processes to minimize delays 
                of installing surveillance technology infrastructure;
                    (I) standards are developed under the Program to 
                expand the shared use of existing private and 
                governmental structures to install remote surveillance 
                technology infrastructure where possible; and
                    (J) standards are developed under the Program to 
                identify and deploy the use of nonpermanent or mobile 
                surveillance platforms that will increase the 
                Secretary's mobility and ability to identify illegal 
                border intrusions.
            (3) Report to congress.--Not later than 1 year after the 
        initial implementation of the Integrated and Automated 
        Surveillance Program, the Secretary shall submit to Congress a 
        report regarding the Program. The Secretary shall include in 
        the report a description of the Program together with any 
        recommendation that the Secretary finds appropriate for 
        enhancing the program.
            (4) Evaluation of contractors.--
                    (A) Requirement for standards.--The Secretary shall 
                develop appropriate standards to evaluate the 
                performance of any contractor providing goods or 
                services to carry out the Integrated and Automated 
                Surveillance Program.
                    (B) Review by the inspector general.--The Inspector 
                General of the Department shall timely review each new 
                contract related to the Program that has a value of 
                more than $5,000,000, to determine whether such 
                contract fully complies with applicable cost 
                requirements, performance objectives, program 
                milestones, and schedules. The Inspector General shall 
                report the findings of such review to the Secretary in 
                a timely manner. Not later than 30 days after the date 
                the Secretary receives a report of findings from the 
                Inspector General, the Secretary shall submit to the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Homeland Security of 
                the House of Representatives a report of such findings 
                and a description of any the steps that the Secretary 
                has taken or plans to take in response to such 
                findings.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.

SEC. 312. BORDER SECURITY ON CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Protected land.--The term ``protected land'' means land 
        under the jurisdiction of the Secretary concerned.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
    (b) Support for Border Security Needs.--
            (1) In general.--To gain operational control over the 
        international land borders of the United States and to prevent 
        the entry of terrorists, unlawful aliens, narcotics, and other 
        contraband into the United States, the Secretary, in 
        cooperation with the Secretary concerned, shall provide--
                    (A) increased Customs and Border Protection 
                personnel to secure protected land along the 
                international land borders of the United States;
                    (B) Federal land resource training for Customs and 
                Border Protection agents dedicated to protected land; 
                and
                    (C) Unmanned Aerial Vehicles, aerial assets, Remote 
                Video Surveillance camera systems, and sensors on 
                protected land that is directly adjacent to the 
                international land border of the United States, with 
                priority given to units of the National Park System.
            (2) Coordination.--In providing training for Customs and 
        Border Protection agents under paragraph (1)(B), the Secretary 
        shall coordinate with the Secretary concerned to ensure that 
        the training is appropriate to the mission of the National Park 
        Service, the United States Fish and Wildlife Service, the 
        Forest Service, or the relevant agency of the Department of the 
        Interior or the Department of Agriculture to minimize the 
        adverse impact on natural and cultural resources from border 
        protection activities.
    (c) Inventory of Costs and Activities.--The Secretary concerned 
shall develop and submit to the Secretary an inventory of costs 
incurred by the Secretary concerned relating to illegal border 
activity, including the cost of equipment, training, recurring 
maintenance, construction of facilities, restoration of natural and 
cultural resources, recapitalization of facilities, and operations.
    (d) Recommendations.--The Secretary shall--
            (1) develop joint recommendations with the National Park 
        Service, the United States Fish and Wildlife Service, and the 
        Forest Service for an appropriate cost recovery mechanism 
        relating to items identified in subsection (c); and
            (2) not later than March 31, 2007, submit to the 
        appropriate congressional committees (as defined in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101)), including 
        the Subcommittee on National Parks of the Senate and the 
        Subcommittee on National Parks, Recreation and Public Lands of 
        the House of Representatives, the recommendations developed 
        under paragraph (1).
    (e) Border Protection Strategy.--The Secretary, the Secretary of 
the Interior, and the Secretary of Agriculture shall jointly develop a 
border protection strategy that supports the border security needs of 
the United States in the manner that best protects--
            (1) units of the National Park System;
            (2) National Forest System land;
            (3) land under the jurisdiction of the United States Fish 
        and Wildlife Service; and
            (4) other relevant land under the jurisdiction of the 
        Department of the Interior or the Department of Agriculture.

SEC. 313. UNMANNED AERIAL VEHICLES.

    (a) Unmanned Aerial Vehicles and Associated Infrastructure.--The 
Secretary shall acquire and maintain MQ-9 unmanned aerial vehicles for 
use on the border, including related equipment such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out subsection (a)--
                    (A) $178,400,000 for fiscal year 2007; and
                    (B) $276,000,000 for fiscal year 2008.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) shall remain available until expended.
                                 <all>