[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Senate]
[Pages S13175-S13181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself, Mr. Dorgan, and Mr. Talent):
  S. 2049. A bill to improve the security of the United States borders 
and for other purposes; to the Committee on the Judiciary.
  Mr. DOMENICI. Mr. President, I rise today with my friend from North 
Dakota, Senator Dorgan, and my friend from Missouri, Senator Talent, to 
introduce a bill of critical importance to the security of our borders: 
the Border Modernization and Security Act of 2005.
  Securing our borders is the first necessary step towards immigration 
reform, and I believe the legislation I am introducing makes an 
enormous leap in the right direction.
  Our bill builds upon legislation we introduced in the last Congress 
to improve our port of entry infrastructure as well as a lot of good 
ideas proposed by other Senators in this Congress, and adds some 
provisions that I think are important to a comprehensive border 
security and immigration reform effort.
  The Border Modernization and Security Act increases the number of 
Customs and Border Protection (CBP) officers and Immigration and 
Customs Enforcement (ICE) agents each by 1000 for each of fiscal years 
2007 through 2011. These personnel are necessary to improve our 
enforcement at ports of entry and within the United States, and 
increasing the number of these employees goes hand in hand with our 
recent efforts to increase the number of

[[Page S13176]]

border patrol agents who are enforcing the law along our international 
borders. Along this same line, the bill allows the Department of 
Homeland Security (DHS) to support its border and immigration forces 
with National Guard personnel and volunteer retired law enforcement 
officers, provides for an increase in the number of DHS alien and 
immigration investigative personnel, and increases the number of Deputy 
Marshals to investigate criminal immigration matters.
  Increasing the number of DHS employees alone will not solve our 
border problems. Unauthorized aliens also cause a significant burden on 
our courts. For example, for the 12-month period ending September 30, 
2004, 364 felony cases per judge were filed in the New Mexico District. 
It is apparent how burdensome this number is for my border State's 
court when you consider that the national average of felony cases filed 
per judge is 88. To help with these high caseload levels, our bill 
increases the number of DHS immigration attorneys, federal defenders, 
Office of Immigration Litigation attorneys, assistant US Attorneys, and 
immigration judges.
  Increased personnel is only one aspect of our effort to secure the 
border. Any border security effort must provide DHS personnel with 
necessary technologies and assets. To that end, our bill authorizes 
funds for the Department to acquire new technologies, construct roads, 
fences, and barriers, purchase air assets, vehicles, and other 
equipment, maintain temporary and permanent border checkpoints, and 
construct the appropriate facilities to support the increased number of 
DHS personnel being hired. Such assets are invaluable tools for our CBP 
and ICE employees, and we must make sure those men and women have what 
they need. We also provide for up to 15,000 new detention beds for 
unauthorized aliens in our bill.
  Another area Congress must address is our land port of entry 
infrastructure. No American border has undergone a comprehensive 
infrastructure overhaul since 1986, when Senator Dennis DeConcini of 
Arizona and I put forth a $357 million effort to modernize the 
southwest border. A great deal has changed in the past nineteen years. 
More importantly, much has changed since September 11, 2001. Congress 
has passed legislation to improve security at airports and seaports, 
but we have not yet addressed the needs of our busiest ports, located 
on the United States' northern and southwestern land borders. The 
Border Modernization and Security Act would change that and would 
prevent terrorists from exploiting weaknesses at our land ports.
  My bill requires the General Service Administration (GSA) to identify 
port of entry infrastructure and technology improvement projects that 
would enhance homeland security. The GSA would work with the Department 
of Homeland Security to prioritize and implement these projects based 
on needs along the border. The Secretary of Homeland Security would 
also have to prepare a Land Border Security Plan to assess the 
vulnerabilities at each port of entry located on the northern border or 
the southern border. This plan will require the cooperation of Federal, 
State and local entities involved at our borders to ensure that 
everyone who plays a role in border security is consulted about the 
plan.
  The Border Modernization and Security Act would also modernize 
homeland security along the United States' borders by implementing 
technology demonstration programs to test and evaluate new port of 
entry and border security technologies. Because equipment and 
technology alone will not solve the security problems on our border, 
these test sites will also house facilities to provide the necessary 
training to personnel who must implement and use these technologies 
under realistic conditions.
  We must also improve the enforcement of existing immigration laws. 
Our bill authorizes funds for the Department of Homeland Security to 
expand its Expedited Removal Procedures so DHS can expeditiously return 
non-Mexican illegal aliens who have spent less than 14 days in the US 
and who are apprehended within 100 miles of the international border to 
the alien's country of origin. We also allow DHS to create an automated 
biometric entry and exit data system at our land ports of entry so we 
can more accurately keep track of who is entering and leaving the US.
  In order for the Department to more easily identify and remove 
unauthorized aliens who commit crimes under State law and are held in 
State and local prisons, we authorize the expansion of DHS' 
Institutional Removal Program. Because of the burden these aliens place 
on our State and local prisons, DHS will be responsible for reimbursing 
prisons that detain an alien after the alien has completed his prison 
sentence in order to effectuate the alien's transfer to federal 
custody.
  Along the same line, the Border Modernization and Security Act 
provides additional assistance to States that are impacted by 
unauthorized aliens who commit crimes. I know first hand the impact 
such aliens have on our State and local prisons from talking to 
prosecutors and judges in New Mexico, so our bill reauthorizes the 
State Criminal Alien Assistance Program to help our States with the 
costs of incarcerating these aliens. Additionally, the bill allows for 
the reimbursement of State and local costs of processing illegal aliens 
through the criminal justice system and creates a new grant program for 
State, local, and Indian tribe law enforcement agencies who incur costs 
related to border security activities.
  I believe that these measures are an important part of addressing 
this nation's homeland security needs, and I am pleased to introduce 
this bill today with Senators Dorgan and Talent.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2049

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. CONSTRUCTION.

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

                       TITLE I--BORDER PROTECTION

                   Subtitle A--Personnel and Training

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

       (a) In General.--
       (1) Customs and border protection officers.--During each of 
     the fiscal years 2007 through 2011, the Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, increase by not less than 1,000 the number of 
     positions for full-time active duty officers of the Bureau of 
     Customs and Border Protection of the Department for such 
     fiscal year.
       (2) Immigration and customs enforcement inspectors.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (3) Investigative personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by paragraph 
     (2), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations for such purpose, increase by not less than 
     100 the number of positions for investigative personnel 
     within the Department to investigate alien smuggling and 
     immigration status violations for such fiscal year.
       (4) Legal personnel.--During each of the fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 100 the number of positions for attorneys in 
     the Office of General Counsel of the Department who represent 
     the Department in immigration matters for such fiscal year.
       (5) Waiver of fte limitation.--The Secretary is authorized 
     to waive any limitation on the number of full-time equivalent 
     personnel employed by the Department to fulfill

[[Page S13177]]

     the requirements of paragraph (1) and the amendment made by 
     paragraph (2).
       (b) Training.--The Secretary shall provide appropriate 
     training for the agents, officers, inspectors, and associated 
     support staff of the Department on an ongoing basis to 
     utilize new technologies and techniques and to ensure that 
     the proficiency levels of such personnel are acceptable to 
     protect the international borders of the United States.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2007 through 2011, such sums as may be necessary to carry out 
     this section.

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

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

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

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

     SEC. 104. DEPUTY BORDER PATROL AGENT PROGRAM.

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

     SEC. 105. DOCUMENT FRAUD DETECTION.

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

                       Subtitle B--Infrastructure

     SEC. 111. MODERNIZATION OF BORDER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Customs and Border Protection 
     of the Department.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.
       (b) Border Technologies, Assets, and Construction.--
       (1) Acquisition.--The Secretary shall procure technologies 
     necessary to support the mission of the Department to achieve 
     operational control of the international borders of the 
     United States. In determining what technologies to procure, 
     the Secretary shall consult with the Secretary of Defense and 
     the head of the National Laboratories and Technology Centers 
     of the Department of Energy.
       (2) Construction of border control facilities.--The 
     Secretary shall construct roads, acquire vehicle barriers, 
     and construct fencing necessary to support such mission.
       (3) Assets.--The Secretary shall acquire unmanned aerial 
     vehicles, police-type vehicles, helicopters, all terrain 
     vehicles, interoperable communications equipment, firearms, 
     sensors, cameras, lighting and such other equipment and 
     assets as may be necessary to support such mission.
       (4) Facilities.--The Secretary shall construct such 
     facilities as may be necessary to support the number of 
     employees of the Department who are hired pursuant to any 
     provision of this Act or of subtitle B of title V of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3733).
       (5) Checkpoints.--The Secretary may construct and maintain 
     temporary or permanent checkpoints on roadways located in 
     close proximity to the northern border or the southern border 
     to support such mission.
       (c) Port of Entry Infrastructure Assessment Study.--
       (1) Requirement to update.--In order to carry out the 
     mission of the Department to achieve operational control of 
     the international borders of the United States, not later 
     than January 31 of each year, the Administrator of General 
     Services shall update the Port of Entry Infrastructure 
     Assessment Study prepared by the United States Customs 
     Service, the Immigration and Naturalization Service, and the 
     General Services Administration in accordance with the matter 
     relating to the ports of entry infrastructure assessment that 
     is set out in the joint explanatory statement in the 
     conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, page 67) and submit such updated study to Congress.
       (2) Consultation.--In preparing the updated studies 
     required by paragraph (1), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (3) Content.--Each updated study required by paragraph (1) 
     shall--
       (A) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (B) include the projects identified in the National Land 
     Border Security Plan required by subsection (d); and

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       (C) prioritize each project described in subparagraph (A) 
     or (B) based on the likelihood that the project will--
       (i) fulfill immediate security requirements; and
       (ii) facilitate trade across the borders of the United 
     States.
       (4) Project implementation.--
       (A) In general.--The Commissioner shall implement the 
     infrastructure and technology improvement projects described 
     in each updated study required by paragraph (1) in the order 
     of priority assigned to each project under paragraph (3)(C).
       (B) Exception.--The Commissioner may diverge from the 
     priority order if the Commissioner determines that 
     significantly changed circumstances, such as immediate 
     security needs or changes in infrastructure in Mexico or 
     Canada, compellingly alter the need for a project in the 
     United States.
       (d) National Land Border Security Plan.--
       (1) Requirement for plan.--In order to carry out the 
     mission of the Department to achieve operational control of 
     the international borders of the United States, not later 
     than January 31 of each year, the Secretary shall prepare a 
     National Land Border Security Plan and submit such plan to 
     Congress.
       (2) Consultation.--In preparing the plan required by 
     paragraph (1), the Secretary shall consult with the Under 
     Secretary for Information Analysis and Infrastructure 
     Protection and the Federal, State, and local law enforcement 
     agencies and private entities that are involved in 
     international trade across the northern border or the 
     southern border.
       (3) Vulnerability assessment.--
       (A) In general.--The plan required by paragraph (1) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (B) Port security coordinators.--The Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--
       (i) to assist in conducting a vulnerability assessment at 
     such port; and
       (ii) to provide other assistance with the preparation of 
     the plan required by paragraph (1).
       (e) Expansion of Trade Security Programs.--
       (1) Customs-trade partnership against terrorism.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Secretary, shall develop a plan to expand the size and 
     scope (including personnel needs) of the Customs-Trade 
     Partnership Against Terrorism programs along the northern 
     border and southern border, including--
       (i) the Business Anti-Smuggling Coalition;
       (ii) the Carrier Initiative Program;
       (iii) the Americas Counter Smuggling Initiative;
       (iv) the Free and Secure Trade Initiative; and
       (v) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Maquiladora demonstration program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system with maquiladoras 
     to improve supply chain security.
       (f) Port of Entry Technology Demonstration Program.--
       (1) Establishment.--In order to carry out the mission of 
     the Department to achieve operational control of the 
     international borders of the United States, the Secretary 
     shall carry out a technology demonstration program to test 
     and evaluate new port of entry technologies, refine port of 
     entry technologies and operational concepts, and train 
     personnel under realistic conditions. The Commissioner of the 
     Bureau of Customs and Border Protection shall oversee the 
     program in consultation and cooperation with other divisions 
     of the Department.
       (2) Technology and facilities.--
       (A) Technology tested.--Under the demonstration program, 
     the Secretary shall test technologies that enhance port of 
     entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (B) Facilities developed.--At a demonstration site selected 
     pursuant to paragraph (3)(B), the Secretary shall develop 
     facilities to provide appropriate training to law enforcement 
     personnel who have responsibility for border security, 
     including cross-training among agencies, advanced law 
     enforcement training, and equipment orientation.
       (3) Demonstration sites.--
       (A) Number.--The Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (B) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (i) have been established not more than 15 years before the 
     date of enactment of this Act;
       (ii) consist of not less than 65 acres, with the 
     possibility of expansion onto not less than 25 adjacent 
     acres; and
       (iii) have serviced an average of not more than 50,000 
     vehicles per month in the 12 full months preceding the date 
     of enactment of this Act.
       (4) Relationship with other agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize a demonstration site described in paragraph (3) to 
     test technologies that enhance port of entry operations, 
     including those related to inspections, communications, port 
     tracking, identification of persons and cargo, sensory 
     devices, personal detection, decision support, and the 
     detection and identification of weapons of mass destruction.
       (5) Report.--
       (A) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report on the activities carried 
     out at each demonstration site under the technology 
     demonstration program established under this subsection.
       (B) Content.--Each report submitted pursuant to 
     subparagraph (A) shall include an assessment by the Secretary 
     of the feasibility of incorporating any demonstrated 
     technology for use throughout the Bureau of Customs and 
     Border Protection.
       (g) Border Patrol Technology Demonstration Program.--
       (1) Establishment.--In order to carry out the mission of 
     the Department to achieve operational control of the 
     international borders of the United States, the Secretary 
     shall carry out a technology demonstration program to test 
     and evaluate new border security technologies and train 
     personnel under realistic conditions.
       (2) Technology and facilities.--
       (A) Technology tested.--Under the demonstration program, 
     the Secretary shall test technologies that enhance border 
     security, including those related to communications, sensory 
     devices, personal detection, and decision support.
       (B) Facilities development.--At a site where border patrol 
     agents participate in law enforcement training, the Secretary 
     shall develop facilities to carry out the demonstration 
     program, including providing appropriate training to law 
     enforcement personnel who have responsibility for border 
     security, including cross-training among agencies, advanced 
     law enforcement training, and equipment orientation.
       (3) Relationship with other agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize the demonstration site described in this 
     subsection to test technologies that enhance border security, 
     including those related to communications, sensory devices, 
     personal detection, and decision support.
       (4) Report.--
       (A) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report on the activities carried 
     out at the demonstration site under the technology 
     demonstration program established under this subsection.
       (B) Content.--Each report submitted pursuant to 
     subparagraph (A) shall include an assessment by the Secretary 
     of the feasibility of incorporating any demonstrated 
     technology for use throughout the Department.
       (h) International Agreements.--Funds authorized in this Act 
     may be used for the implementation of projects described in 
     the Declaration on Embracing Technology and Cooperation to 
     Promote the Secure and Efficient Flow of People and Commerce 
     across our Shared Border between the United States and 
     Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly 
     known as the Border Partnership Action Plan) or the Smart 
     Border Declaration between the United States and Canada, 
     agreed to December 12, 2001, Ottawa, Canada that are 
     consistent with the provisions of this Act.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated the following:
       (1) For each of the fiscal years 2007 through 2011, 
     $1,000,000,000 to carry out subsection (b).
       (2) For each of the fiscal years 2007 through 2011, such 
     sums as may be necessary to carry out paragraph (1) of 
     subsection (c).
       (3) For each of the fiscal years 2007 through 2011, 
     $100,000,000 to carry out paragraph (4) of subsection (c).
       (4) For each of the fiscal years 2007 through 2011, such 
     sums as may be necessary to carry out subsection (d).
       (5)(A) For fiscal year 2007, $30,000,000 to carry out 
     paragraph (1) of subsection (e); and
       (B) For each of the fiscal years 2008 through 2011, such 
     sums as may be necessary to carry out such paragraph.
       (6)(A) For fiscal year 2007, $5,000,000 to carry out 
     paragraph (2) of subsection (e); and
       (B) For each of the fiscal years 2008 through 2011, such 
     sums as may be necessary to carry out such paragraph.
       (7)(A) For fiscal year 2007, $50,000,000 to carry out 
     subsection (f), and not more than $10,000,000 of such amount 
     may be expended for technology demonstration program 
     activities at any 1 port of entry demonstration site during 
     such fiscal year.
       (B) For each of the fiscal years 2008 through 2011, such 
     sums as may be necessary to carry out subsection (f), and not 
     more

[[Page S13179]]

     than $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any such fiscal year.
       (8) For each of the fiscal years 2007 through 2011, 
     $10,000,000 to carry out subsection (g).

     SEC. 112. DETENTION SPACE AND REMOVAL CAPACITY.

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

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

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

     SEC. 114. ALTERNATIVES TO DETENTION.

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

                     Subtitle C--Grants for States

     SEC. 121. BORDER LAW ENFORCEMENT GRANTS.

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

                    TITLE II--IMMIGRATION PROVISIONS

     SEC. 201. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

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

     SEC. 202. CANCELLATION OF VISAS.

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

     SEC. 203. BIOMETRIC ENTRY-EXIT SYSTEM.

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

     SEC. 204. REIMBURSEMENT FOR STATES.

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

     SEC. 205. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended by adding at the end the following:
       ``(i) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security,

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     the Attorney General, or any court may not--
       ``(1) grant or order the grant of adjustment of status to 
     that of an alien lawfully admitted for permanent residence;
       ``(2) grant or order the grant of any other status, relief, 
     protection from removal, or other benefit under the 
     immigration laws; or
       ``(3) issue any documentation evidencing or related to such 
     grant by the Attorney General, the Secretary, or any court,

     until such background and security checks as the Secretary 
     may in his discretion require have been completed to the 
     satisfaction of the Secretary.''.

     SEC. 206. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

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

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

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

                          TITLE III--PENALTIES

     SEC. 301. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

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

     SEC. 302. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

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

     SEC. 303. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.

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

                      ``CHAPTER 52--ILLEGAL ALIENS

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

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

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

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

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

                TITLE IV--REMOVAL AND VIOLATION TRACKING

     SEC. 401. INSTITUTIONAL REMOVAL PROGRAM.

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

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

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

[[Page S13181]]

     State or political subdivision of a State for the detention 
     of an illegal alien pursuant to subsection (b).

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

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

  Mr. DORGAN. Mr. President, I am pleased to join Senator Domenici in 
introducing the Border Security and Modernization Act of 2005.
  Senator Domenici and I represent border States, but the bill we are 
introducing today is not one of merely regional importance. Border 
security is an issue that affects our country as a whole. We cannot 
have homeland security without strong and effective border security.
  The Administration has signaled that it wants to have a vigorous 
debate on border security and immigration issue early next year. Our 
bill does not attempt to change immigration law, but it squarely 
addresses the border security issue.
  I began working on border security long before the attacks of 
September 11, 2001. The Northern border is over 4,000 miles long. In 
the past, almost all of our resources in this country were targeted at 
the Southern border. It used to be that we had ports of entry at the 
Northern border where, at night, the only barrier was an orange rubber 
cone in the middle of the road. The polite people crossing at night 
actually stopped and removed the cone before they came across the 
border. Those who were not so polite would run over it at 60 miles an 
hour.
  In 2001, before the September 11 attacks, I proposed something called 
the Northern Border Initiative. That bill added hundreds of Customs 
officers to the Northern border, and it became law. I also worked to 
replace the orange cones with hardened gates. But we clearly have to do 
much more.
  The legislation we are introducing today, which Senator Domenici has 
described in detail, would devote significant new resources to our 
border security. Among other things, this legislation would authorize 
the hiring of an additional 1,000 Customs and Border Protection 
inspectors and Immigration and Customs Enforcement officers a year for 
the next five years. It would authorize the Department of Homeland 
Security to work with States to use National Guard and a volunteer 
force of retired law enforcement officers as resources to help monitor 
the borders. And it would have the Federal Government reimburse State 
governments for the cost of detaining undocumented aliens while 
decisions are made regarding possible deportation.
  This bipartisan proposal is not about immigration. It's about border 
security. We need to do a better job of securing our borders, and we 
need to do so on an urgent basis. We hope our colleagues will join us, 
on a bipartisan basis, in supporting this legislation.
                                 ______