[Congressional Record Volume 152, Number 29 (Wednesday, March 8, 2006)]
[Senate]
[Pages S1897-S1900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 2391. A bill to improve the security of the United States borders 
and for other purposes; to the Committee on the Judiciary.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce a 
critically important bill for our national security and our immigration 
system. My bill is called the Border Operations Reform and Development 
of Electronic Remote Surveillance Act of 2006--otherwise known as the 
BORDERS Act. Getting control over our Nation's borders is an 
indispensable part of comprehensive immigration reform.
  The Government of the United States has the obligation to protect its 
citizens and to provide for homeland security by having control of its 
international borders. Yet, as we all know, our borders with Mexico and 
Canada are broken. Recognizing the dangerous situation that this 
presents, the bipartisan 9/11 Commission strongly recommended that the 
United States get operational control of its borders.
  Because our Government has not succeeded in adequately securing our 
borders, millions of undocumented aliens have crossed into our country 
without our Government's permission. Despite our best efforts to have 
an orderly system of immigration and to control who enters the United 
States, it's simply not working.
  Comprehensive immigration reform demands that we find aggressive, 
practical, and cost-effective methods to quickly secure our borders. 
The BORDERS Act of 2006 does exactly that, building on recent reports 
by the Inspector General of the Department of Homeland Security, as 
well as the Government Accountability Office.
  Let me briefly summarize the BORDERS Act of 2006 and explain why this 
bill is so important to our national security.
  First, and most importantly, this bill requires the Department of 
Homeland Security to implement state-of-the-art surveillance technology 
programs to build an integrated ``virtual fence'' at our borders. These 
programs would use unmanned aerial vehicles--like the type already used 
by our military in combat zones--to monitor remote border locations.
  These surveillance programs also would use a host of other 
technologies--like cameras, sensors, satellites, and radar--to patrol 
every inch of our United States borders. Right now, our Government has 
the capability to use these technologies and has tried to build a 
virtual fence. But the one major problem is that the current 
surveillance program uses components that are not fully integrated and 
automated.
  For example, as the Inspector General of the Department of Homeland 
Security recently recommended, a virtual fence must use sensors that 
automatically activate a corresponding camera to focus itself on the 
direction of the triggered sensor. If someone if sneaking across our 
border and trips a sensor, I want the closest camera to automatically 
focus on the person sneaking in. And then I want the camera to send 
images to multiple border personnel at different locations, who can 
immediately dispatch the closest Border Patrol agents to capture the 
person. That's what my bill does: provides for an integrated, automated 
virtual fence that will allow our Border Patrol agents to apprehend 
anyone trying to sneak into the United States.

  The BORDERS Act also requires the Department of Homeland Security to 
greatly increase its detention facilities. Right now, the border patrol 
is sometimes able to capture illegal aliens sneaking into the country, 
but we simply lack enough facilities to detain them. In some border 
areas, up to 90 percent of captured aliens are released, and only 10 
percent of them show up for their immigration court hearing. Does that 
make sense?
  If our Government cannot detain illegal aliens who are caught, we 
lose our

[[Page S1898]]

ability to make them report to their immigration proceedings. We never 
hear from them again. Thus, this bill instructs the Department of 
Homeland Security to increase its detention space by 20,000 beds for 
the next 5 years. The bill also instructs the Department to devise 
other ways to monitor illegal aliens who are captured, such as using 
ankle bracelets that can remotely track aliens.
  Moreover, the BORDERS Act recognizes that our Government simply lacks 
the personnel manpower to effectively enforce our immigration laws and 
secure our borders. Therefore, the bill authorizes the addition of 
thousands of critical Federal jobs, ranging from Border Patrol agents 
to investigators to detention officers. And the bill requires that 
these personnel receive crucial training in matters like detecting 
fraudulent documents.
  Another important section of this bill recognizes that in order for 
our detention mechanisms to function effectively, we need uniform 
detention standards. The BORDERS Act requires the Department of 
Homeland Security to implement standard operating rules so that costs 
are minimized and all detained aliens are treated fairly and humanely. 
I want to note that this bill contains a section specifically designed 
to ensure that detained alien children are treated properly while in 
U.S. custody. Children are the most vulnerable of illegal aliens, and 
especially when they are separated from their parents, we must ensure 
their safety.
  Finally, the BORDERS Act of 2006 authorizes the Federal Government to 
reimburse States that incur the financial burden of detaining illegal 
aliens. It is unfair of us to expect the States to shoulder this huge 
cost by themselves.
  Again, let me stress that border security is just one aspect of 
comprehensive immigration reform. I also will support legislation to 
address the status of undocumented aliens currently in the United 
States, if--and only if--such legislation is fair, humane, and 
recognizes the role that undocumented workers currently play in our 
nation's economy.
  But border security is a policy area that should find wide 
agreement--across both parties. By setting up a cutting-edge, 
integrated ``virtual fence,'' and by building more detention centers, I 
believe that the United States can take a giant step forward in its 
quest to get control of our borders. In this post-9/11 world, our 
national security simply demands it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2391

       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 
     Operations Reform and Development of Electronic Remote 
     Surveillance Act of 2006'' or as the ``BORDERS 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. Findings.
Sec. 3. Definitions.
Sec. 4. Surveillance technologies programs.
Sec. 5. Secure communication.
Sec. 6. Expansion of detention capacity.
Sec. 7. Detention standards.
Sec. 8. Personnel of the Department of Homeland Security.
Sec. 9. Personnel of the Department of Justice and other attorneys.
Sec. 10. State Criminal Alien Assistance Program authorization of 
              appropriations.
Sec. 11. Reimbursement of States for indirect costs relating to the 
              incarceration of illegal aliens.
Sec. 12. Reimbursement of States for preconviction costs relating to 
              the incarceration of illegal aliens.
Sec. 13. Criminal gang activity.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The Government of the United States has the duty to 
     protect its citizens and to provide for homeland security by 
     securing its international borders.
       (2) The Government of the United States has failed to 
     adequately secure its international borders, which has 
     facilitated the illegal entry of millions of undocumented 
     aliens into the United States.
       (3) Illegal immigration poses national security concerns, 
     burdens all levels of Government with extra costs, including 
     imposing hundreds of millions of dollars on States and 
     localities in uncompensated expenses for law enforcement, 
     health care, and other essential services, allows some aliens 
     to gain access to the United States before other aliens who 
     have lawfully waited in line, creates an underclass of 
     workers, and facilitates human trafficking, smuggling, and 
     document fraud.
       (4) One critical aspect of comprehensive immigration reform 
     is to find aggressive, practical, and cost-effective methods 
     to quickly secure the international borders of the United 
     States. As the bipartisan National Commission on Terrorist 
     Attacks Upon the United States concluded, ``the United States 
     must be able to monitor and respond to entrances between our 
     borders''.
       (5) The Government of the United States should make full 
     use of integrated and automated surveillance technology, 
     including the use of unmanned aerial vehicles, to create a 
     ``virtual fence'' around the Nation, which could be 
     constructed much more quickly than a physical fence. The 
     Inspector General of the Department recently suggested 
     numerous ways to use integrated surveillance technologies to 
     achieve this critical security goal.
       (6) The Government of the United States should also 
     increase detention facilities to detain aliens who are 
     apprehended sneaking into the United States, as opposed to 
     catching and releasing such aliens and trusting that they 
     will report for immigration proceedings.
       (7) In order to reduce costs of detention and to facilitate 
     the process of removing aliens from the United States fairly, 
     the Secretary should establish uniform detention standards 
     and rules.

     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.
       (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. 4. 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 1 year 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

[[Page S1899]]

     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 set 
     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. 5. SECURE COMMUNICATION.

       The Secretary shall, as expeditiously as practicable, 
     develop and implement a plan to ensure clear and secure 2-way 
     communication capabilities, including the specific use of 
     satellite communications--
       (1) among all Border Patrol agents conducting operations 
     between ports of entry;
       (2) between Border Patrol agents and their respective 
     Border Patrol stations; and
       (3) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.

     SEC. 6. EXPANSION OF DETENTION CAPACITY.

       (a) Increasing Detention Bed Space.--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 ``20,000''.
       (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(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a).
       (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.
       (c) Secure Alternatives to Detention to Ensure Compliance 
     With the Law.--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, 
     and at select sites in the interior with significant numbers 
     of alien detainees, to study the effectiveness of 
     alternatives to the detention of aliens, including electronic 
     monitoring devices, to ensure that such aliens appear in 
     immigration court proceedings and comply with immigration 
     appointments and removal orders.
       (d) Legal Representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (e) 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 
     the United States ports of entry or along the international 
     land borders of the United States.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 7. DETENTION STANDARDS.

       (a) Codification of Detention Operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (b) Detention Standards for Nuclear Family Units and 
     Certain Non-Criminal Aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in subsection (a) shall--
       (1) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (2) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (c) Legal Orientation to Ensure Effective Removal 
     Process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 8. PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.

       (a) 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 1,500 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.
       (b) Border Patrol Agents.--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 4,000 the number of border patrol agents for 
     such fiscal year.
       (c) 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 ``1600''.
       (d) Detention and Removal Officers.--During each of the 
     fiscal years 2007 through 2011, the Secretary shall, subject 
     to the availability of appropriations for such purposes, 
     designate a Detention and Removal officer to be placed in 
     each Department field office whose sole responsibility will 
     be to ensure safety and security at a detention facility and 
     that each detention facility compliance with the standards 
     and regulations set forth in section 7.
       (e) Investigative Personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subsection 
     (c), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations for

[[Page S1900]]

     such purpose, increase by not less than 200 the number of 
     positions for investigative personnel within the Department 
     to investigate alien smuggling and immigration status 
     violations for such fiscal year.
       (f) 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 200 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.
       (g) Directorate of Policy.--The Secretary shall in 
     consultation, with the Director of Policy of the Directorate 
     of Policy, add at least 3 additional positions at the 
     Directorate of Policy that--
       (1) shall be a position at GS-15 of the General Schedule;
       (2) are solely responsible for formulating and executing 
     the policy and regulations pertaining to vulnerable detained 
     populations including unaccompanied alien children, victims 
     of torture, trafficking or other serious harms, the elderly, 
     the mentally disabled, and the infirm; and
       (3) require background and expertise working directly with 
     such vulnerable populations.
       (h) 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, to identify and 
     detect fraudulent travel documents, and to ensure that the 
     proficiency levels of such personnel are acceptable to 
     protect the international borders of the United States. 
     Training to detect fraudulent travel documents shall be 
     developed in consultation with the Forensic Document 
     Laboratory of Immigration and Customs Enforcement.
       (i) Enhanced Protections for Vulnerable Unaccompanied Alien 
     Children.--
       (1) Mandatory training.--The Secretary shall mandate the 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, and procedures pertaining to this 
     vulnerable population in consultation with the head of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and independent child welfare experts.
       (2) Delegation to the office of refugee resettlement.--
     Notwithstanding any other provision of law, the Secretary 
     shall delegate the authority and responsibility granted to 
     the Secretary by the Homeland Security Act of 2002 (Public 
     Law 107-296; 116 Stat. 2135) for transporting unaccompanied 
     alien children who will undergo removal proceedings from 
     Department custody to the custody and care of the Office of 
     Refugee Resettlement and provide sufficient reimbursement to 
     the head of such Office to undertake this critical function. 
     The Secretary shall immediately notify such Office of an 
     unaccompanied alien child in the custody of the Department 
     and ensure that the child is transferred to the custody of 
     such Office as soon as practicable, but not later than 72 
     hours after the child is taken into the custody of the 
     Department.
       (3) Other policies and procedures.--The Secretary shall 
     further adopt important policies and procedures--
       (A) for reliable age-determinations of children which 
     exclude the use of fallible forensic testing of children's 
     bones and teeth in consultation with medical and child 
     welfare experts;
       (B) to ensure the privacy and confidentiality of 
     unaccompanied alien children's records, including 
     psychological and medical reports, so that the information is 
     not used adversely against the child in removal proceedings 
     or for any other immigration action; and
       (C) in close consultation with the Secretary of State and 
     the head of the Office of Refugee Resettlement, to ensure the 
     safe and secure repatriation of unaccompanied alien children 
     to their home countries including through arranging 
     placements of children with their families or other 
     sponsoring agencies and to utilize all legal authorities to 
     defer the child's removal if the child faces a clear risk of 
     life-threatening harm upon return.
       (j) 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, including the hiring of necessary support 
     staff.

     SEC. 9. 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 200 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 50 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 200 the number of attorneys in the Federal 
     Defenders Program for such fiscal year. The Attorney General 
     shall also take all necessary and reasonable steps to ensure 
     that alien detainees receive appropriate pro bono 
     representation in immigration matters.
       (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. 10. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
                   AUTHORIZATION OF APPROPRIATIONS.

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended by striking paragraphs (5) and (6) 
     and inserting the following:
       ``(5) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out this subsection $950,000,000 for each of the 
     fiscal years 2007 through 2011.
       ``(B) Limitation on use of funds.--Amounts appropriated 
     pursuant to subparagraph (A) that are distributed to a State 
     or political subdivision of a State, including a 
     municipality, may be used only for correctional purposes.''.

     SEC. 11. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING 
                   TO THE INCARCERATION OF ILLEGAL ALIENS.

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

     SEC. 12. REIMBURSEMENT OF STATES FOR PRECONVICTION COSTS 
                   RELATING TO THE INCARCERATION OF ILLEGAL 
                   ALIENS.

       Section 241(i)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(i)(3)(a)) is amended by inserting ``charged 
     with or'' before ``convicted.''

     SEC. 13. CRIMINAL GANG ACTIVITY.

       Section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended by adding at the end the 
     following:
       ``(J) Criminal gang activity.--
       ``(i) In general.--Any alien who a consular officer or the 
     Attorney General knows, or has reasonable grounds to believe, 
     seeks to enter the United States to engage, solely, 
     principally, or incidentally in a criminal street gang 
     located in the United States is inadmissible.
       ``(ii) Definition.--In this subparagraph, the term 
     `criminal street gang' means an ongoing group, club, 
     organization, or association of 5 or more individuals that 
     commits a violation of Federal or State law that is 
     punishable by imprisonment of 1 year or more.''.
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