[Congressional Record Volume 152, Number 114 (Thursday, September 14, 2006)]
[House]
[Pages H6540-H6561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF H.R. 6061, SECURE FENCE ACT OF 2006

  Mr. SESSIONS. Mr. Speaker, by the direction of the Committee on 
Rules, I call up House Resolution 1002 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

       Resolved, That upon the adoption of this resolution it 
     shall be in order without intervention of any point of order 
     to consider in the House the bill (H.R. 6061) to establish 
     operational control over the international land and maritime 
     borders of the United States. The amendment printed in the 
     report of the Committee on Rules accompanying this resolution 
     shall be considered as adopted. The bill, as amended, shall 
     be considered as read. The previous question shall be 
     considered as ordered on the bill, as amended, to final 
     passage without intervening motion except: (1) one hour of 
     debate equally divided and controlled by the chairman and 
     ranking minority member of the Committee on Homeland 
     Security; and (2) one motion to recommit with or without 
     instructions.

  The SPEAKER pro tempore. The gentleman from Texas (Mr. Sessions) is 
recognized for 1 hour.
  Mr. SESSIONS. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman, my friend, from Florida (Mr. 
Hastings), pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time is yielded for 
purposes of debate only.
  This rule provides for 1 hour debate in the House, equally divided 
and controlled by the chairman and ranking minority member of the 
Committee on Homeland Security. It waives all points of order against 
consideration of the bill and provides that the amendment printed in 
the Rules Committee report accompanying the resolution shall be 
considered as adopted. Finally, the rule provides the minority with one 
motion to recommit, with or without instructions.
  Mr. Speaker, I rise today in strong support of this rule and the 
underlying bill, H.R. 6061, the Secure Fence Act of 2006. This 
legislation, much of which has already been passed by the House as part 
of H.R. 4437, the Border Protection, Anti-terrorism, and Illegal 
Control Act of 2005, is a positive step in regaining operational 
control of our borders and achieving broad reform of the immigration 
process.
  This legislation is the product of five formal hearings in standing 
committees during this Congress alone. It also draws on a number of 
hearings in past Congresses and a wealth of information learned through 
field hearings conducted over the August recess by Members of this 
Republican majority.
  Last month, many Members of this body, who were greatly concerned 
with addressing the problem of our porous borders, traveled across the 
country to determine what steps could be taken to harden our borders 
and ensure that those who would wish to harm us cannot exploit this 
well-documented weakness.
  Like many other Members, over August I traveled to our border. I 
traveled with Congressmen Charlie Dent, Henry Cuellar, John Doolittle, 
and Jo Bonner to meet with Border Patrol agents from Laredo, Texas, and 
to see firsthand the needs of our country as it relates to border 
protection.
  We discussed with these dedicated men and women on the front line of 
our border how best to address the rampant drug and human smuggling 
that occurs in an area along our southern border. We learned firsthand 
of the challenges faced by our brave Border Patrol agents in combating 
the flood of criminal activity that occurs along our southern border on 
a daily basis. The information we learned on this trip, and the 
information learned from dozens of other field hearings just like this 
from this past August, all have been incorporated in the legislation 
that we will hope to take up today.
  The Secure Fence Act of 2006 advances the rule of law and protects 
our Nation by providing our Border Patrol with the tools they need to 
achieve operational control of the border. The language closely mirrors 
sections 101, 1002, and 1003 of the border bill already passed by the 
House, and authorizes more than 700 miles of two-layered reinforced 
fencing along the southwest border with prioritized placement at 
critical, highly populated areas. It also requires an evaluation of 
infrastructure needs along the northern border of America.
  The Secure Fence Act also mandates that the Department of Homeland 
Security achieve and maintain operational control over the entire 
border through a ``virtual fence'' utilizing leading edge technology 
and through established best practices to create optimum results at the 
most efficient cost. This includes the deployment of cameras, ground 
sensors, unmanned aerial vehicles, and integrated surveillance 
technology.
  This legislation further requires the Department of Homeland Security 
to provide all necessary authority to border personnel to disable 
fleeing vehicles, similar to the authority already held by United 
States Coast Guard for maritime vessels.
  Finally, this legislation requires DHS to assess our Nation's 
vulnerability on our northern border and to address how they can be 
effectively and efficiently resolved.
  Mr. Speaker, this legislation represents a commonsense step that this 
Congress can take to deal with problems of alien smuggling, illicit 
drug running, and illegal immigration. The House has already passed a 
more comprehensive bill that enjoyed the support of 239 bipartisan 
Members. But because a broader package of reforms may not be enacted 
into law this year, our Republican leadership has decided to take the 
least controversial portions of this broader reform effort and to pass 
them in pieces that the other body can then take up and pass.
  I would like to commend Speaker Hastert and Majority Leader Boehner 
for their vision and leadership in bringing this commonsense bill to 
the floor today. I would also like to thank my dear friend, Mr. 
Sensenbrenner, chairman of the Judiciary Committee, and Chairman Pete 
King, who is chairman of Homeland Security, and all the members of the 
Judiciary and Homeland Security Committees for their hard work in doing 
the research and hearings that were necessary to bring this bill to the 
floor.
  I encourage all my colleagues to support this rule and the underlying 
legislation to provide operational control of our borders.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentleman from 
Texas, my friend, Mr. Sessions, for the time, and I yield myself such 
time as I may consume.
  Mr. Speaker, I rise today in strong opposition to this closed rule 
and the underlying legislation, which is nothing more than political 
gamesmanship in the run-up to the mid-term election. Sounds good, does 
nothing.
  To paraphrase the Vice President, it seems to me that the majority is 
in the last throes of keeping control of the House and is throwing 
vacuous public policy at us in a vain attempt to fool the American 
public. Well, Mr. Speaker, I believe the American people are much 
smarter than that. They can see

[[Page H6541]]

through these charades to see that this country needs a new direction.
  This bill is a case in point. If you were to believe my colleague, my 
friend from Texas, Mr. Sessions, and the other proponents of this 
legislation, this bill would lead to the construction of a fence along 
some parts of the United States-Mexican border. But guess what? This 
bill does not authorize a single nickel or dime for construction.
  I asked the distinguished chairman of the Homeland Security 
Committee, our colleague, and my friend, Peter King of New York, 
yesterday, point-blank, in the Rules Committee, ``Does this bill fund 
construction of a fence along our border?'' The transcript of the Rules 
Committee hearing will back me up when I say that Chairman King 
answered with, ``No, but.'' And Members of the majority party always 
seem to have an excuse at the ready when they pretend to legislate but 
simply pontificate.
  If Americans want to see results instead of rhetoric, if taxpayers 
would like solutions instead of sound bites, and hard work instead of 
horse trading, I suggest you take a short look, and it won't take much 
longer, at the accomplishments of this Congress.
  I don't intend to waste too much of our time on this lazy attempt at 
legislating. I will let others do that. However, there are a few other 
things to consider when thinking about this bill.
  This so-called border security bill not only doesn't spend a nickel, 
a penny, or a dime of money to construct a fence, it also does not 
increase the number of Border Patrol agents, customs, and immigration 
enforcement authorities.

                              {time}  1030

  It doesn't help law enforcement. It doesn't provide accountability, 
and it won't stop illegal immigration into this country.
  I said in last night's meeting, there ain't no mountain high enough 
and there ain't no river valley wide enough to stop the tide of what is 
happening on our border unless we do it comprehensively.
  Get real, folks. If the Congress had any real intent in making this 
country safer and more secure, they would have allowed the ranking 
Democratic member of the Homeland Security Committee to offer a 
substitute bill.
  If our colleague and my very good friend, Mr. Bennie Thompson of 
Mississippi, had an opportunity to offer his legislation, then we could 
have had a serious debate. But, of course, the majority has no interest 
in allowing the House to work its will; thus, closed this rule. That 
only happens in a democracy. But had Mr. Thompson been allowed to offer 
his substitute, we would have seen what a real homeland security bill 
looks like.
  The Thompson legislation would have provided the technology, 
personnel and equipment needed to monitor and secure every mile of the 
border 24 hours a day, 7 days a week. And there is no one in this body 
or in America that is concerned about this issue that does not 
understand the need to secure our borders. Everybody knows that.
  The Thompson legislation authorized 3,000 additional Border Patrol 
agents. It would have allowed for the creation of 2,000 more 
immigration officials and hundreds more detention officials. It would 
have enlisted 250 more Federal marshals and more than 70 new judgeships 
to deal strictly with immigration issues.
  Yes, all of this could have been considered today on the House floor. 
It would have been considered if the majority party was truly 
interested in protecting the American people instead of their own 
positions as the majority. Sounds good, does nothing.
  I invite my colleague, Mr. Sessions, to point out in this legislation 
where any money is spent to put a border along the United States-Mexico 
border.
  I urge a ``no'' vote on this closed rule and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 7 
minutes to the gentleman from Fullerton, California, chairman of the 
International Terrorism and Nonproliferation Subcommittee, Chairman 
Royce.
  Mr. ROYCE. Mr. Speaker, let me say, in order to spend the money, you 
first have to authorize the money. In the Senate, as I rise in support 
of this rule to consider H.R. 6061, let me say that the Senate has 
attached to the defense authorization bill language, and this is what 
is anticipated, that will discuss the building of a border fence. But 
we want to make certain on the House side as we pass the authorization 
language and go into conference with the Senate that we disabuse our 
colleagues in the other House from one concept, and that is the 
language that would preclude the construction of any border fence 
without consultation with the Government of Mexico. Let me explain why 
I think that approach would not be in the interest of the United 
States.
  We in California have dealt for some years now with trying to close 
one breach in our border fence. It is called Smugglers Gulch, a fence 
that runs from the foothills to the ocean. Through that small 3-mile 
breach, it has taken 8\1/2\ years to get the California Coastal 
Commission to go along with closing that fence in consultation, 8\1/2\ 
years, and it took an act of Congress that we passed here to do it.
  So if the Senate prevails on this issue, it means no border fence. We 
need this legislation to authorize the border fence before we go into 
conference with the Senate.
  I am a cosponsor of this bill, and I was a cosponsor of the border 
fence amendment offered by Congressman Duncan Hunter and myself that 
was added to the House-passed border security bill last September.
  As chairman of the Subcommittee on International Terrorism and 
Nonproliferation, I held field hearings in San Diego on July 5 and 
Laredo, Texas, on July 7. We heard from the men and women of the Border 
Patrol whose job it is to secure our border. We heard from the sheriffs 
whose deputies have been shot in the line of duty. We heard from 
Federal inspectors who have smuggled across that porous border the 
materials for a dirty bomb.
  And so this hearing that was focused on border vulnerabilities, we 
heard from these witnesses and we heard them express that the border 
fence is very effective. The Border Patrol testified as to that 
effectiveness. Daryl Griffin, who is the chief agent in San Diego, 
said, ``It is a great force multiplier. It expands our enforcement 
capacity. It allows us the discretion to redeploy agents to areas of 
vulnerability or risk. It is one component that certainly has been 
integral to everything we have accomplished here, raising the level of 
security.''
  A fair question is, how effective has it been in San Diego? Well, 
apprehensions along the region with a security fence dropped from 
202,000 in 1992 to 9,000 in 1994.
  With the establishment of the border fence in San Diego, crime rates 
have fallen off dramatically. Vehicle drive-throughs have fallen. San 
Diego is no longer one of the most prolific drug-smuggling corridors.
  This amendment puts a fence where it is needed most: in areas that 
have the highest instances of drug smuggling and illegal border 
crossings. It allows the Border Patrol to focus its resources and 
better protect our border. It is past time that we strengthen 
operational control of all the borders and ports through additional 
physical barriers and fencing.
  In this bill is greater use of state-of-the-art technology and 
surveillance along the Southwest border. Expanding the border fence is 
needed and it is needed now. The first step is to get the 
authorization, and the second step is to get the appropriation with the 
Senate.
  This last year, I can tell you, just over this last 12 months, over 
450 OTMs were apprehended illegally entering the United States from 
special-interest countries, also from countries that are state sponsors 
of terrorism. So we see people coming over the border illegally from 
Afghanistan, Angola, Jordan, Qatar, Pakistan, Yemen. I will give you 
one example. Mohammed Karani is the brother of a commander of Hezbollah 
in south Lebanon. He came over the border in my State in the trunk of a 
car. He paid a coyote to get him across the border. He was later 
arrested in Dearborn, Michigan. He is serving 4\1/2\ years. He is a 
member of Hezbollah. He was in the process of securing funds and 
resources for Hezbollah in the United States.
  Two border Governors have declared states of emergency over illegal 
immigration. This is something I think we

[[Page H6542]]

can all agree upon, and it shouldn't be held hostage to immigration 
policies. The 9/11 Commission studied the problem. Border security is 
national security. At some point we have to come to grips with the fact 
that our Border Patrol agents need a border fence on our southern 
border in order for them to be able to secure an area where we are now 
facing infiltration by members of terrorist organizations like 
Hezbollah. We should listen to those agents.
  There is one who told me his personal story of stopping a man who had 
been trained in an Afghan training camp, originally from Uzbekistan. 
This man injured him, actually bit his arm as he was trying to take him 
down. He told me one of his concerns was, this was the second time this 
man tried to get illegally into the United States. Post-9/11, we have 
to be serious about border security. This bill should pass this House.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I would say to the gentleman from California (Mr. 
Royce), if the gentleman you described was in the back of a car, in the 
trunk, then he came through a port of entry. He didn't ride across no 
mountain, and you could have built every fence on Earth and he still 
could have been in the back of the car.
  Now let me straighten you out on something else. We already, with the 
Hunter amendment to the border security measure, passed the identical 
language that is in here. This is nothing but political gamesmanship 
when all is said and done. And for you to say that we have to do this 
before we can authorize puts the lie to you being in the majority. You 
have the power to authorize. You could authorize. Don't tell the 
American people that we have to wait for some mish-mash language that 
has no money in it to build a fence, that that is the only way that we 
can do that.
  Mr. Speaker, I yield to Mr. Royce to respond.
  Mr. ROYCE. Mr. Speaker, I appreciate the gentleman yielding.
  The reason we cannot get the bill through the Senate is because of 
the opposition of Senator Kennedy and others, and others, to the 
concept of the border fence.
  Now the reason that it would be helpful to have the fence is, when 
you are stopping cars coming through and checking the trunks, if your 
Border Patrol agents are spread out all along the Southwest, it is a 
force multiplier to have that fence. You can then deploy more agents to 
the points where the smugglers bring people in in the trunks of cars.
  Mr. HASTINGS of Florida. So you also favor a fence along the Canadian 
border because terrorists have come through from that area as well?
  Mr. ROYCE. Let me just say in this very bill is a study to do just 
that, and study the northern border as well to look at those areas 
where people are crossing illegally.
  Mr. HASTINGS of Florida. Reclaiming my time, Mr. Royce, I am tired of 
studying and the American people are tired of studying. The Thompson 
substitute that was not allowed because of this closed rule does, in 
fact, do what is necessary for secure borders.
  Mr. Speaker, at this time I am more than pleased to yield 5 minutes 
to a colleague that I served with on the Permanent Select Committee on 
Intelligence and who, for 26 years, was in charge of border security, 
the chief of two major regions of border security and who happened to 
be at the hearings that you were at, Mr. Royce, my distinguished 
colleague, Silvestre Reyes.
  Mr. REYES. Mr. Speaker, as we debate the issue of border security 
here, as we talk about an issue that is so vitally important to the 
American people, I am disappointed that we can't seem to work together 
on this particular issue. I have been in Congress for 10 years. I have 
been advocating that we hire 1,000 to 1,500 Border Patrol agents a year 
along with the resources necessary to support them. Yet we get this 
proposal for a fence.
  This is the best we can do? This is the best you can do to assure the 
American people that we are going to focus on border security? It falls 
woefully short, and I say that with all due respect because I spent 
26\1/2\ years on America's border. When I retired, I had been the chief 
for a little over 12 years in charge of McAllen sector and El Paso 
sector. I am the one who instituted Operation Hold the Line that 
shifted border enforcement away from apprehension and towards 
deterrence. I have, I think, the kind of experience that we ought to be 
able to count on on both sides of the aisle.
  I have tried to work with many Members on the other side of the aisle 
and have always, as I put forth my ideas on the issue of border 
security for the last 10 years, have always been told, well, it is not 
the right time. It's too expensive, it is not the right strategy to 
pursue at this time.
  I really felt after 9/11 we would have a new focus on border 
security. Today, 5 years later, the American people are focused like a 
laser on the fact that our borders are vulnerable.
  I would say to my distinguished colleague, Chairman Royce, I was at 
the hearing in Laredo with you, as I have been at numerous hearings the 
last 2 months, hearings where the message has come across loud and 
clear from members of Customs and Border Protection. What they need: 
They need manpower, they need technology and they need infrastructure.
  In Naco, Arizona, we have 1,200 to 1,300 Border Patrol agents housed 
out of a station that was designed for 25 people.

                              {time}  1015

  That is infrastructure that we need. How can we expect them to be 
professionals if we don't treat them like professionals, if we don't 
invest in the infrastructure that is so desperately needed? We were 
there, looking at their sensor systems, and it was a bipartisan group 
from the interparliamentary group. We looked at not just the physical 
layout of the station, but the condition of their vehicles. They need 
vehicles.
  The vehicles, the technology that they were using, the cameras that 
they were monitoring, were over 15 years old. The sensors were 20 years 
old. That is why, consistently, the message has been at all these 
hearings the last couple of months that they need manpower, they need 
technology, and they need infrastructure support, new technology that 
is available that will serve as the force multiplier, Chairman, that 
you were referring to.
  We can do much better than this. A fence is ludicrous in the face of 
the needs of the Customs and Border Patrol people.
  When we talk about the issue of fencing, and we compare that with all 
the other needs, and, believe me, at all the hearings I was at the 
message was consistent. In fact, when the question was asked of the 
chiefs, what about fencing, well, fencing has limited use. As a former 
chief for over 12 years, I can tell you fencing would be down after 
those three priorities, because across that 2,000-mile border with 
Mexico that everybody is so concerned with, probably less than 10 
percent, much less than 10 percent, in one of the hearings that we were 
talking about, we were concerned about a range in Yuma, Arizona. It 
seemed like it was an area that needed hundreds of miles of fencing. 
You know what? It came out to 37 miles of fencing that was needed.
  I say, put up a fence for those 37 miles. I supported the fencing 
with my friend and colleague, Duncan Hunter, in San Diego, because it 
makes sense. But it does not make sense to put a 2,000-mile fence along 
our southern border. It does not make sense, and it is not in the best 
interests of the taxpayers to foolishly commit to spending at least $7 
billion just on the construction of this fencing. We can do much 
better.
  I am extremely disappointed that after all we hear about post-9/11, 
after all we hear about the concern that terrorists are apt to hit us 
here in the homeland again, that this is the best we can do. This is 
the equivalent of a doctor in the emergency room having a patient come 
in from a severe automobile accident with broken limbs and wounds over 
most parts of his body, and the physician saying, nurse, give me a 
Band-Aid. This is a Band-Aid approach that we can do much better with.
  Let us do a comprehensive piece of legislation that addresses the 
three major priorities that the Border Patrol wants, manpower, 
technology, infrastructure. Let's not forget that there is a whole 
pipeline. If you hire more Border Patrol agents, you need to hire

[[Page H6543]]

marshals, you need to hire detention officers. You need to hire judges. 
You need to hire prosecutors. All of that is essential. Let's do a 
comprehensive piece of legislation that the American people will 
finally say, this Congress gets the fact that we are in danger from 
terrorism. We can do better. This is a ludicrous proposal, as far as I 
am concerned.
  Mr. SESSIONS. Mr. Reyes, by the way, this entire body not only 
recognizes but appreciates your service to this Nation, not only for 
the professionalism that you continue to exhibit but that which you did 
for your 26 years.
  I would say to the gentleman two things, if I could politely suggest 
to him that he knows it is not truthful to say that we are going to 
have a 2,000-mile fence along the border. That has not been suggested. 
We have never talked about that, and to insinuate that would simply be 
untruthful.
  We have not suggested that, and this bill very specifically, and I 
would like to have the gentleman, if he would like to get a copy, 
relates to adding 10 miles of fencing that extends 10 miles west of the 
Tecate, California port entry to 10 miles east of the Tecate, 
California, port of entry; 10 miles west of Calexico, California to 5 
miles east of Douglas, Arizona; 5 miles west of the Columbus, New 
Mexico, port of entry to 10 miles east of El Paso; extending 5 miles 
northwest of Del Rio to 5 miles southeast of Eagle Pass, Texas; 
extending 15 miles northwest of the Laredo, Texas, port of entry to the 
Brownsville, Texas, port of entry. This will be literally 100 miles 
worth of fencing. It will be 700 miles worth of fencing when you add up 
the total. What we are trying to do is to take the things that we heard 
firsthand that the men and women who work on the border said. This is 
the priority, not 2,000 miles.
  Mr. REYES. Will the gentleman yield on that point?
  Mr. SESSIONS. I yield to the gentleman from Texas.
  Mr. REYES. The reference to 2,000 miles of fencing I heard repeatedly 
by Members of your party at the hearing.
  Mr. SESSIONS. I would like to reclaim my time. We have talked about 
this since 2001. The fact of the matter is that this bill is very 
specific. It aims directly at where the problem is. I would like to 
also note that not one mile of fencing is in the Democrat plan, not 
even 15 feet worth of fencing. I don't know how you can have a 
comprehensive plan when you talk directly to Border Patrol agents who 
are in Laredo, Texas and other points along the border, and they say 
their number one concern, they are asked is the fencing, first of all, 
to allow them for their own safety, their own safety. The men and women 
of law enforcement who are down there have asked for, and, in the 
Republican bill, will get the fencing that they have asked for.
  Mr. REYES. Will the gentleman yield?
  Mr. SESSIONS. I will not at this time, but I know that the gentleman 
has lots of time left to continue the debate.
  We need to make sure that we are doing what the men and women of law 
enforcement are asking for. What else are they asking for? They are 
also asking for, and I have seen firsthand, the need to better protect 
those people, the unassuming people, who illegally are entering our 
country, who do so at great risk and peril. These fences, which are in 
our bill, not their bill, not 10 feet of fencing that is in their bill, 
will allow our Border Patrol agents to effectively deal with this huge 
number of people who are coming here to wall off areas that are 
dangerous for our men and women, as well as people who are just dumped 
off on the border late at night and told, go that way.
  Mr. Speaker, we have taken time, Republicans and Democrats have taken 
time to come to our border and see what we need. It is the Republicans 
that heard from the Border Patrol agents and others. We need to help 
protect this country, yes, but we need to do it to protect people who 
many times get in trouble, many times who need desperate help, and it 
is to help save our agents as well as those people.
  I am proud of my bill. For the characterization that this is a do-
nothing bill, I would say, I am sorry that you didn't hear what was 
said at these important hearings and did something about it. That is 
all this bill is. It is to take what we heard of the most immediate 
concerns. We know we have a debate with the Senate. We know we have got 
some problems trying to negotiate that through, but this should not be 
held hostage.
  I would like to go directly, Mr. Speaker, to H.R. 6061, which is what 
we are discussing here, but bringing in to incorporate the things that 
we know we have already done under our FY07 Department of Homeland 
Security appropriations. We are going to provide for $19.6 billion for 
border protection.
  What we are going to do, as I recall it is darn near September, and 
as soon as this month is over with we want to have new money. We are 
going to pay for this fencing. To assume or to say that it is not going 
to happen would really be, I think, less than honest. The 
administration is working with this body. We are opening up this 
information to the other party that had been a part of the hearings, 
and they know that we are going to have money that is available 
directly for the needs of what this bill is about.
  But what this bill specifically does is it says this is the priority 
at this time. We believe the fencing is there for good and intended 
purposes.
  Mr. Speaker, at this time I yield 8 minutes to the gentleman from 
Indiana (Mr. Souder), the vice chairman of the Criminal Justice and 
Drug Policy Subcommittee.
  (Mr. SOUDER asked and was given permission to revise and extend his 
remarks.)
  Mr. SOUDER. Mr. Speaker, it has been my privilege here in Congress to 
serve as the Drug Policy chairman, and also as a senior member of the 
Homeland Security Committee, and thus, during most of my career, I have 
been on both the north and south border. A number of years ago, prior 
to the creation of the Homeland Security Committee, we did a major 
border report, the most comprehensive border report ever done in the 
history of this Congress.
  In that process, we had done roughly, I believe, six hearings on the 
Mexican border and three on the Canadian border, and I have personally 
visited nearly every border crossing on both the north and south border 
with very few exceptions.
  In that course of time, it becomes apparent that some of what Mr. 
Reyes has been saying is absolutely true. We do not have enough money 
for the Border Patrol. We do not have a salary scale with which to keep 
them in the Border Patrol, and I have worked over multiple years to 
keep increasing that.
  In fact, we have tried to increase the Border Patrol here in 
Congress, because it is not easy to just stay standing in the sand, in 
the heat, day after day. We have tried to vary their positions, but 
when they get other opportunities to be air marshals, when they get 
other opportunities to take other posts, they tend to leave.
  We, in spite of our hiring, have been putting hundreds and thousands 
through training and can barely gain in the numbers. We need to be more 
aggressive, and we need to have a realistic pay scale and job 
opportunities for the people who go into our Border Patrol, but 
absolutely we need to ramp up at a faster rate the number of Border 
Patrol people. We need to make sure they have adequate facilities with 
them, cars, equipment, radios, that when some of the drug terrorists or 
people who are moving large numbers of people come out with more 
military weapons and guns than our Border Patrol have, and in greater 
numbers, we have a human problem at the border, and we need to 
understand that in many cases those who are trying to invade us are 
armed, and armed more aggressively.
  We may have places where we have one agent or two agents with 100 to 
200 people coming at them. It is a very difficult job, and we ought to 
raise, defend, expand and give the equipment to our Border Patrol. That 
is what we do in the Homeland Security bill, and we need to ramp it up 
faster.
  But there is another problem here, and my friend Mr. Reyes and I have 
been at joint hearings, we have traveled together, and I very much 
respect his position. But with the people along the border, it is a 
much more controversial issue. But as we look at a broader immigration 
strategy in the United States, and I absolutely agree with that, we 
have three different problems, the illegal immigration problem,

[[Page H6544]]

the terrorism problem and the narcotics and contraband problem. 
Narcotics and contraband would also include chemical, nuclear and 
biological weapons and parts.
  Basically, if you can't protect your border, you are not safe. If you 
can't protect your border, you don't know who is here. If you can't 
protect your border, we cannot stop what will be a flood now of meth 
precursors and meth coming across the border now that we have changed 
our internal laws.
  This is a comprehensive question, and we need a comprehensive 
solution. But part of that is a fence, and you have to have different 
types of fencing, physical fencing, fences that keep people out or at 
least going over the top so the Border Patrol can kind of bend behind 
them and get them in groups, rather than having to station 20,000 
Border Patrol agents who cannot cover 1,000 miles. You have to have 
fencing to drive them to certain locations to give time for the Border 
Patrol to sag and work with that. It is not realistic.
  That is why the fences work well in San Diego, why the fences worked 
well in El Paso. In the areas where there are gaps in those fences, and 
it is difficult in Mr. Reyes' home area in El Paso, is where the road 
comes so close to the line or the railroad comes close, and there isn't 
fencing, and there is a huge challenge for the Border Patrol.
  Now, we have some places, let me give you an illustration, which I 
have talked to Chairman Hunter, and I don't believe is in the 700 
miles, but we have talked about we need to add it, that is over in west 
Texas in the sector, I believe it is Marfa, just right at the edge of 
the Marfa sector just east of El Paso. There we have a place called 
Neely's crossing.
  We recently had a case where a truck was moving what we believe was 
10,000 pounds of marijuana, 10,000 pounds, 5 tons. Our Border Patrol 
came up on the vehicle.

                              {time}  1100

  They negotiated with them and they said they got stuck in the sand, 
because when they saw the Border Patrol coming they tried to back up 
and they got stuck. They got about 1,700 pounds, they estimate, out; 
and then they came back with their guns and said basically, we have got 
a tow vehicle here. You can't take this. Now, if you can smuggle 10,000 
pounds of marijuana, you can certainly get nuclear, chemical and 
biological.
  Now, why are they running trucks through that area? The Rio Grande in 
that area is not a continuous, huge, wide river. It is pockets of 
water. There are only certain places in the Rio Grande and other places 
on the border where you can take a truck that handles 10,000 pounds 
because it sinks.
  But there is gravel in that area, and guess what? They have a 
bulldozer on the other side. Every time they try to put up a border on 
that side, they bring the bulldozer across from the Mexican side and 
bulldoze it down. They bulldoze it down. When I was there with the 
sector chiefs on either side, they started up the bulldozer and they 
said, ``Mr. Souder, you need to get out of here. It is not safe 
anymore.'' Our agents had to retreat when they came out with their 
guns.
  This is a huge problem at Neely's Crossing. That is one of the areas 
where there has to be at a minimum a barrier fence that can take a 40-
mile-an-hour hit from a large vehicle, because no Border Patrol agent 
can stop it.
  In New Mexico, as I was visiting in New Mexico, we pioneered a fence 
there because there have been vehicles at high speed and knocking down 
some of these fences that will now take that kind of hit, as well as 
they are doing it in Yuma, Arizona. People are coming into the Barry 
Goldwater Air Range. We have to either stop our training or we are 
going to drop a bomb on these individuals.
  They are going through the Organ Pipe Cactus Park, and some of the 
most beautiful hiking trails in America are no longer safe. We had a 
park ranger killed there. It is chaos in Organ Pipe.
  In South Padre Island National Park, they have, they said, drug 
dealers coming up, all sorts of things. It is in times in danger of 
being overrun. We have fish and wildlife areas where habitat is being 
absolutely destroyed by the number and the quantity of illegal 
immigrants moving through.
  We need to have more Border Patrol agents, but they need the 
supplemental fencing to help control that. And it will not reduce the 
number of Border Patrol agents. It will decrease the demand.
  The thing the American people need to understand is, this will be 
expensive. We can't work out our internal controls and figure out 
whether we are going to do work visas, what we are going to do for the 
people here, if we don't have secure IDs and we don't have a fence 
because, as I just heard in one of the hearings I conducted for Ms. 
Harris, Mrs. Myrick, Ms. Foxx and Mr. McHenry in North Carolina, they 
had a lady whose daughter and son-in-law were killed in an automobile 
wreck, one was killed, one is still comatose, and they had been 
deported three times for drunk driving before. Until we control the 
Southwest border, until we figure out how to get secure IDs, all this 
other talk is basically irrelevant.
  I favor trying to work this out, but we can't; when you have multiple 
people calling in with similar names and just picture IDs and no 
fingerprints, you can't run employer enforcement. And if you are going 
to deport them, if you don't have a way to stop them at the border, it 
won't work.
  This needs to be incremental, it needs to be comprehensive, but it 
has got to start with the border, and fencing is a key part of that. 
The agents will always be the critical part, because they will come 
around the fences, they will come over the fences, but it is one way to 
control the size of the vehicles, the size of the weapons, the quantity 
that is coming at you. And I strongly believe that we need this fence, 
and I do not understand, I do not understand, the Democratic opposition 
to a fence.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, before yielding again to Mr. Reyes, I would say to Mr. 
Souder, there is nobody here that has opposition. We have already 
passed a measure that has 370 miles of fencing. Why don't the people 
over here just fess up? Their argument is against the Senate plan that 
has a guest worker program in it. It already has fence in it, so that 
is not even the issue.
  What I continue to ask, and I invite Mr. Sessions again to answer, is 
whether or not the measure we are discussing today has one penny, one 
nickel or one dime in it to build a fence.
  Mr. Speaker, I yield an additional minute to Mr. Reyes to respond to 
some of the matters that were brought to our attention earlier.
  Mr. REYES. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, there is a fundamental difference in how we approach 
this issue. Our plan says, we want to fund infrastructure, let the 
chief make the decisions.
  When the gentleman from Texas talks about there isn't any proposal in 
our bill for fencing, here is what infrastructure entails. It entails 
buildings, antivehicle barriers, observation towers, access roads and 
fencing. The difference is, we don't legislate from here and tell a 
chief patrol agent, this is how much fence you are going to get. We 
tell them, this is what is available, you tell us what you need.
  When the gentleman talks about what is needed, what the testimony 
was, heard along the border, I don't know how many hearings he 
attended, but I can tell you this, at the hearings that I attended, the 
chief patrol agents wanted three things, and I will reiterate them: 
manpower, technology and infrastructure. All of those things are 
included under ``infrastructure.''
  I think the professionals that we charge in protecting the border 
deserve the courtesy of telling us what it is that they need, what kind 
of combination.
  Mr. SESSIONS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Mrs. Miller).
  Mrs. MILLER of Michigan. Mr. Speaker, I thank the gentleman for 
yielding me time.
  Mr. Speaker, let me say this as simply as I possibly can: The 
American people are fed up with our porous borders and illegal 
immigration. If you had the conversations that I had with constituents 
over the August recess, then you all know how the American

[[Page H6545]]

people feel about the problems at our southern border with illegal 
immigration.
  I had an opportunity in July to travel to the southern border with 
Speaker Hastert and Chairman King, and I saw the situation firsthand. I 
saw some of the fencing being built in Yuma, by the Kentucky National 
Guard actually, who was there at that time. We need this fence.
  I also was proud during the month of August to welcome the House 
Armed Services Committee to my district, which shares a very long, 
liquid border with Canada. I live in Michigan, of course. There we had 
this hearing to investigate the issue of northern border security.
  As a result of that hearing, this legislation also requires the 
Department of Homeland Security to conduct a study that will allow us 
to field a state-of-the-art barrier system on the northern border. And 
let me say that it is very much needed. Every day smugglers are 
bringing drugs and people and other contraband across our northern 
border, which is met with little or no resistance. Terror cells have 
been rounded up in Toronto, which is literally only a 3-hour drive from 
my district.
  While it is very important to secure our southern border, I am glad 
that this House is not losing sight of our northern border as well. I 
urge my colleagues to support the rule and the underlying legislation.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, this place never ceases to amaze me. Our friend from 
Michigan talks about the southern border. I gather that there is no 
illegal immigration on the northern border which she lives close to.
  Mr. Speaker, I am very pleased to yield 3 minutes to my distinguished 
colleague and good friend, the gentleman from Mississippi (Mr. 
Thompson), who is the distinguished ranking member of the Homeland 
Security Committee and author of the substitute that was not allowed 
under this closed rule, that would handle the problems of comprehensive 
border control as well as immigration.
  Mr. THOMPSON of Mississippi. Mr. Speaker, where I stand, I have to 
say the majority sure seem like ponies. Last week, we were down here on 
the floor voting on a horse protection bill. This week, the majority is 
again on the floor having us vote on a bill that has already passed.
  This ``one trick pony'' approach to legislating is stale. The 
majority is out of fresh ideas on how to secure the border, and it 
shows.
  Last night, I offered an amendment in Rules that would have provided 
an all-encompassing approach to border security and ensured that every 
mile of the border is monitored and secured 24 hours a day, 7 days a 
week.
  A fence alone won't protect us from those who want to harm us. Even 
the Department of Homeland Security has come to realize that we need an 
integrated approach that combines personnel, equipment, technology and 
infrastructure.
  The timing of this vote, Mr. Speaker, is bizarre. Why are we telling 
the Department to build a fence before they have come up with a 
comprehensive solution? Are we really going to tie up billions and 
billions in border security dollars to build a fence when the Border 
Patrol and ICE need more agents and investigators? Estimates on what it 
would cost to just build the fence alone is in the neighborhood of $7 
billion. Once you add the maintenance costs, we are looking at possibly 
doubling that number.
  My amendment, that the Rules Committee rejected, would have provided 
the Border Patrol with 3,000 more agents. We know they need the help. 
Why else would the National Guard be there now? It also would have 
added 2,000 new ICE investigators and 250 detention officers. It would 
have provided the men and women who police the border with equipment 
they need to get the job done. It would have given them helicopters, 
all-terrain vehicles, radio communication, GPS devices and night-vision 
goggles.
  There are many more provisions in my bill that I am prepared to 
discuss today, had my amendment been allowed to be considered. But 
given that there are many speakers who wish to be recognized, Mr. 
Speaker, I will close.
  The only thing I want to share is that people talk about operational 
control. The only way you can do it is comprehensively.
  This is an unfunded mandate. There are no dollars attached to it. 
Republicans always talk about unfunded mandates. The priority at this 
time is not a fence, it is a comprehensive strategy, and because we 
have no comprehensive strategy for border protection at this time, I am 
in opposition, Mr. Speaker, to the rule.
  Mr. SESSIONS. Mr. Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. King), the chairman of the Committee on Homeland 
Security.
  Mr. KING of New York. Mr. Speaker, I thank the gentleman from Texas 
for yielding, and I rise in strong support of H.R. 6061. H.R. 6061, to 
me, addresses the most direct need of the American people, and that is 
to show that we can take meaningful action to secure our border.
  I have never seen more of a disconnect between the American people 
and the elite in Washington, between the American people and the 
American media, because overwhelmingly the American people want us to 
secure the border. They want us to show that we can fulfill the most 
basic requirement of a government, and that is to ensure the sanctity 
and the security of our borders.
  Now, we did pass comprehensive legislation last December by a large 
vote, including almost 40 Democrats, H.R. 4437, and I strongly stand by 
that. The fact is that right now is not moving as quickly as we would 
like it to, and, therefore, rather than saying we are going to wait 
until everything can be done before we do anything, I am saying, let's 
pick areas where there has been agreement.
  The Senate has agreed to have a 370-mile fence along the border. We 
now have a 700-mile fence. This is something which clearly can be done. 
It will work. Is it the entire fence? Absolutely not. More has to be 
done. But, in the meantime, let's show progress. Let's get this done. 
Let's show the American people that we have listened to what they have 
said and we are going to do what they want.
  Then we can deal in a comprehensive way, we can go issue by issue, we 
can go item by item, but let's focus on what we know will work. And 
this will work. You add this fence, in addition to the new Border 
Patrol agents which are in the FY07 bills which are going to result in 
a 40 percent increase since 2001, and we hope to double that by 2008.
  Also the idea of having a fence, it can also allow better 
reallocation of Border Patrol agents because the fence will serve a 
security purpose which can actually allow Border Patrol agents to 
expand their own focus more.
  So, with that, Mr. Speaker, I just strongly urge the adoption of 
this. The American people are watching. The American people have spoken 
loudly and clearly. We have responded to that in a responsible, 
effective way. And for the life of me, I don't know why people on the 
other side are saying, just because we can't do everything, we should 
do nothing.
  Doing nothing is the worst thing Congress can do, and that is why we 
are doing something very meaningful. I urge its adoption.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I 
may consume before yielding to my good friend, the distinguished 
gentlewoman from Texas, just to say to the chairman of the Homeland 
Security Committee, last night in the Rules Committee I asked him a 
simple question. He said he can't for the life of him understand what 
our opposition is, just because we can't do everything, we do nothing.

                              {time}  1115

  This measure that we are discussing today does nothing other than 
provide midterm yacking before the election. There are no dollars, not 
a penny, not a nickel, not a dime in this measure to build any fence. 
We have already passed legislation that has 370 miles of fences in it.
  So why are we here? We have got an election coming up. That is why we 
are here. So you have to do things to put on a bumper sticker.
  The American public can see through this charade. There isn't 
opposition to

[[Page H6546]]

protecting the border. But we are saying that you cannot come forward 
with something that does nothing, and that is what this is. Nothing. 
Talk. We need action.
  Mr. Speaker, I am pleased to yield 5 minutes to the distinguished 
gentlewoman from Houston, Texas (Ms. Jackson-Lee), who has attended a 
lot of these hearings that we are talking about and is a distinguished 
member of the Judiciary Committee and the Homeland Security Committee.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I do not intend to play hide 
and seek with the American people this morning. I think unabashedly, I 
believe in comprehensive immigration reform, and, frankly, so does most 
of America.
  My disappointment with my good friends is, one, that they are 
politicizing this very important debate. And, of course, my friend from 
Indiana wanted to make sure that he cast his hand to our side of the 
aisle and suggested that the Democrats do not want a fence or the 
Democrats do not believe in getting the job done.
  The question that really should be asked is why the Republican 
majority passed a legislative initiative dealing with the immigration 
concerns of America and yet cannot get a compromise between the House 
and the Senate, both controlled by Republicans, and the presidency 
controlled by Republicans.
  But I am not prepared to play with the lives of the American people. 
This legislation, 730 miles of fence, does not deal with the lives of 
our Border Patrol agents and Customs and Border Protection. And the 
reality is that time and time again we have seen that Republicans have 
spoken the word but have done nothing about it.
  For example, this particular amendment that we had way back in 2001. 
Each and every time we offered amendments to provide for border 
security, 2001, after 9/11, Republicans voted ``no.'' In 2003 
Republicans voted ``no.'' In 2001 we asked for $78 million for 
detention beds. The Republicans voted ``no.'' In 2003 again we asked 
for border security funding, Democrats. Republicans voted ``no.'' We 
asked for numbers of items for our Border Patrol agents and Customs and 
Border Protection. We asked for power boats. We asked for night 
goggles. We asked for laptop computers.
  For those who believe that only Republicans have the knowledge of the 
border, I have walked the border in the day and night, and I have been 
at hearings all throughout the summer. I would venture to say that 
there were more questions asked by Border Patrol agents. It was, When 
are we going to get more Border Patrol agents? And as you can see, the 
average number of new Border Patrol agents added per year decreased 
under this Republican administration, 411 in 2005, but in the 
Democratic, President Clinton's administration we were giving them at 
least 642 a year. The 9/11 Commission asked us to give 2,000 a year. 
This administration has yet to commit to 2,000 Border Patrol agents in 
a year.
  So, Mr. Speaker, I believe in comprehensive immigration reform. I 
also believe that we can compromise in a conference committee. They 
know that you do not need this freestanding bill that is very limited. 
You can go to conference and actually agree to the fencing language, if 
that is a priority, in the Senate's conference bill.
  Now, my question to Mr. Sessions, who is on the Rules Committee, is, 
does he have an agreement that the Senate leadership is going to take 
this bill? Because if he does not, we have literally 2 weeks before we 
are out of session. And is there a commitment to this bill? If it is, 
tell us on the floor of the House. We might want to join in a 
reasonable response if we know that you are going to go to conference 
with your bill, which will pass because you have the numbers, but with 
the idea of comprehensive immigration reform.
  Let me share a letter that has just come from Governor Rick Perry of 
Texas, a Republican; Governor Janet Napolitano, Governor of Arizona; 
the Governor of California, Governor Schwarzenegger; and Governor Bill 
Richardson of New Mexico. Allow me to read this:
  ``As governors who are on the front lines of America's immigration 
crisis, we write to urge you to take real action and pass comprehensive 
reform legislation that secures the border, protects taxpayers, and 
restores the rule of law by practically dealing with the estimated 12 
million illegal immigrants currently in this country.
  ``Instead of holding dozens of field hearings that do little but stir 
the pot of discontent, we urge you to get back to work and pass 
legislation that puts the interests of taxpayers first and solves this 
crisis once and for all. We ask that you pass comprehensive reform and 
address this critical crisis before Congress adjourns for the year.''
  These are two Republican governors and two Democrats who are on the 
front lines of immigration issues in America. And I will submit this 
letter for the Record.
  I am not going to hide the ball. I want comprehensive immigration 
reform, but I am not afraid of border security. Read H.R. 4044, 100,000 
detention beds. That is by a Democrat.
  Mr. Speaker, I think it is important that we vote down this rule, we 
do what the Governors have asked us to do, comprehensive immigration 
reform. Let us not operate in the darkness. Let us not label Democrats 
weak on border security. We are ready to fight the battle. We know that 
9/11 impacted all of America. I am not going to take that rap. You need 
to do your job.

                                                  August 25, 2006.
     Hon. J. Dennis Hastert,
     Speaker of the House of Representatives,
     Washington, DC.
     Hon. Bill Frist,
     U.S. Senate,
     Washington, DC.
       Dear Mr. Speaker and Senator Frist: As governors who are on 
     the front lines of America's immigration crisis, we write to 
     urge you to take real action and pass comprehensive reform 
     legislation that secures the border, protects taxpayers and 
     restores the rule of law by practically dealing with the 
     estimated 12 million illegal immigrants currently in the 
     country. We believe that a solution modeled on these 
     principles would attain these goals and greatly benefit 
     taxpayers in our states.
       In all of our states, we face a crisis not of our making. 
     Over the past 6 years the combination of lax and ineffective 
     enforcement of our borders and the failure to enforce 
     immigration laws has led to an explosion in the illegal 
     immigration population. As a result, our states are flooded 
     with illegal immigrants, our taxpayers are angry, and 
     citizens and noncitizens alike are losing respect for the 
     rule of law.
       We are doing our part. At President Bush's request, we have 
     sent our National Guard to the border to do the job the 
     federal government is supposed to do. We have used state and 
     local law enforcement to help enforce the laws the federal 
     government is supposed to enforce. We ask you to do your 
     part.
       Instead of holding dozens of field hearings that do little 
     but stir the pot of discontent, we urge you to get back to 
     work and pass legislation that puts the interest of taxpayers 
     first and solves this crisis once and for all. We ask that 
     you pass comprehensive reform and address this critical issue 
     before Congress adjourns for the year.
           Respectfully,
     Rick Perry,
                                                Governor of Texas.
     Janet Napolitano,
                                              Governor of Arizona.
     Arnold Schwarzenegger,
                                           Governor of California.
     bill Richardson,
                                           Governor of New Mexico.

  Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Mr. Speaker, I am pleased at this time to 
yield an additional 1 minute to my colleague from Texas, the 
distinguished gentleman, Mr. Silvestre Reyes.
  Mr. REYES. Mr. Speaker, I thank the gentleman for yielding.
  Again, Mr. Speaker, let me reframe the difference between what we 
want to do on this side of the aisle and what is being proposed on that 
side of the aisle.
  First and foremost, we want to work together to address the issue of 
border security. We want to give the professionals the support that 
they have been asking for throughout these last 2 months of hearings. 
We want to make sure that we provide them the opportunity to tell us 
what kind of infrastructure, including fencing, they need. The 
buildings, the anti-vehicle barriers, the observation towers, the 
access roads, all of the kinds of things that they have told us are a 
priority in order for them to be able to control the border.
  The fundamental difference is we trust them to make those decisions. 
We do not tell them we need a fence starting from 5 miles east of the 
port of

[[Page H6547]]

entry in Del Rio to 6 miles east of the port of entry of Eagle Pass. 
Let them make those kinds of decisions. They are the professionals. 
They are charged with that responsibility. Our job is to provide them 
the support and the resources. That is the fundamental difference.
  As I have said, we need to work together on this thing. Regrettably, 
this rule freezes us out and we are unable to participate in this.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself the balance of 
my time.
  As I close, Mr. Speaker, I say what I said earlier, and that is the 
measure that we are discussing today sounds good, is needed, in part, 
along with comprehensive immigration reform, but does nothing.
  Mr. Speaker, last night in the Rules Committee I misquoted the song, 
but the intent was the same: There ain't no mountain high enough and 
there ain't no river wide enough to stop people from seeking a better 
opportunity for themselves.
  Some years ago outside Boynton Beach in Florida, I was among the 
first people to arrive at the scene of Haitian immigrants who were 
seeking to enter our country illegally. They all had died, and I 
stepped over the body of a nude pregnant woman. That hurt me an awful 
lot, that in seeking freedom and opportunity she and her unborn child 
were in that posture. I have seen many a situation where Cubans have 
lost their lives seeking to come to this country.
  We need to get a grip and understand that we cannot become 
neoisolationists in a society as diverse as our own and that the most 
brilliant people that I know serve here in the House of Representatives 
on both sides of the aisle and those persons are very capable of 
advancing comprehensive immigration reform that will address all of our 
needs, including border security.
  Mr. Speaker, I urge all Members of this House to vote ``no'' on the 
previous question so I can amend the rule and make in order the 
substitute offered by Homeland Security Ranking Member Thompson and 
Representative Reyes. This amendment was offered in the Rules Committee 
last night but was rejected.
  Mr. Speaker, I ask unanimous consent that the text of the amendment 
and extraneous materials be printed in the Record immediately prior to 
the vote on the previous question.
  The SPEAKER pro tempore (Mr. Boozman). Is there objection to the 
request of the gentleman from Florida?
  There was no objection.
  Mr. HASTINGS of Florida. Mr. Speaker, the Reyes-Thompson substitute 
provides for a comprehensive approach to our border security, not 
simply the inadequate piecemeal approach called for in the underlying 
bill. The substitute requires the Department of Homeland Security to 
develop a comprehensive border security strategy with increased Border 
Patrol agent deployment as well as increased surveillance using 
advanced technology. It provides long-term financial support for 
significant increases in personnel to help the Border Patrol meet its 
mission, including Border Patrol agents, Immigration and Customs 
agents, United States marshals, Coast Guard personnel, port of entry 
inspectors, canine enforcement teams, and other vital personnel 
necessary to guard and protect our borders more effectively. It will 
provide needed equipment such as helicopters, power boats, radio 
communications, night vision equipment, body armor, and other crucial 
tools in the war against terror.
  The substitute also reestablishes the 9/11 Commission to allow them 
to fulfill their mission and to provide oversight and accountability.
  I urge all Members of this body to vote ``no'' on the previous 
question so we can bring up this comprehensive and responsible 
alternative that will actually do something to help make this Nation 
less vulnerable to those from outside who would do us harm.
  Mr. SESSIONS. Mr. Speaker, I yield myself the balance of my time.
  My colleagues and good friends not only from Texas, Mr. Reyes, but 
also the gentleman from Florida and the gentlewoman from Texas have 
spoken very eloquently about the needs of this great Nation. I have 
every reason to believe all three of those individuals joined many 
other Members of this body in hearing from people about the needs of 
the Border Patrol, the communities along the borders and the things 
which they would want and need.

                              {time}  1130

  This bill is very specific. It talks about the types of things that 
would be necessary and needed on an interim basis.
  Both you and I, Mr. Speaker, understand that we have passed bills 
many times before this that are more comprehensive, that are larger, 
that contain money, that do a lot of things that will enable us to get 
closer. The bottom line is, we need this interim step to get done now. 
It comes as a result of the hearings, it comes as a result of feedback 
from the Border Patrol, it comes as a result of communities who have 
asked us to please help them. So we are going to do that.
  I am going to ask Members to vote ``aye.'' I am going to ask them to 
support this bill. And it is my prediction, Mr. Speaker, that this will 
be a bipartisan-passed bill today on the floor of the House of 
Representatives because it represents the balance and integrity of not 
only our Speaker, Dennis Hastert, but also John Boehner and our great 
chairman of Homeland Security, Pete King.
  The material previously referred to by Mr. Hastings of Florida is as 
follows:

Previous Question on H. Res. 1002, Rule for H.R. 6061 Secure Fence Act 
                                of 2006

       In the resolution strike ``and (2)'' and insert the 
     following:
       ``(2) the amendment in the nature of a substitute printed 
     in Section 2 of this resolution if offered by Representative 
     Reyes of Texas or Representative Thompson of Mississippi or a 
     designee, which shall be in order without intervention of any 
     point of order or demand for division of the question, shall 
     be considered as read, and shall be separately debatable for 
     60 minutes equally divided and controlled by the proponent 
     and an opponent; and (3)''
       At the end of the resolution add the following new section:
       ``Sec. 2. The amendment by Representatives Reyes (TX) and 
     Thompson (MS) referred to in Section 1 is as follows:

          Amendment in the Nature of a Substitute to H.R. 606

                 Offered by Mr. Thompson of Mississippi

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Border 
     Security and Terrorism Prevention 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. Definitions

                TITLE I--SECURING UNITED STATES BORDERS

Sec. 101. Achieving operational control on the border
Sec. 102. National strategy for border security
Sec. 103. Implementation of cross-border security agreements
Sec. 104. Biometric data enhancements
Sec. 105. One face at the border initiative
Sec. 106. Secure communication
Sec. 107. Border patrol agents
Sec. 108. Immigration enforcement agents
Sec. 109. Port of entry inspection personnel
Sec. 110. Canine detection teams
Sec. 111. Secure border initiative financial accountability
Sec. 112. Border patrol training capacity review
Sec. 113. Airspace security mission impact review
Sec. 114. Repair of private infrastructure on border
Sec. 115. Border Patrol unit for Virgin Islands
Sec. 116. Report on progress in tracking travel of Central American 
              gangs along international border
Sec. 117. Collection of data
Sec. 118. Deployment of radiation detection portal equipment at United 
              States ports of entry
Sec. 119. Sense of Congress regarding the Secure Border Initiative
Sec. 120. Report regarding enforcement of current employment 
              verification laws

         TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

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

                    TITLE III--DETENTION AND REMOVAL

Sec. 301. Enhanced detention capacity
Sec. 302. Increase in detention and removal officers

[[Page H6548]]

Sec. 303. Expansion and effective management of detention facilities
Sec. 304. Enhancing transportation capacity for unlawful aliens
Sec. 305. Report on financial burden of repatriation
Sec. 306. Training program
Sec. 307. GAO study on deaths in custody

      TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

Sec. 401. Enhanced border security coordination and management
Sec. 402. Making Our Border Agencies Work

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

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

Sec. 501. Emergency deployment of United States Border Patrol agents
Sec. 502. Helicopters and power boats
Sec. 503. Motor vehicles
Sec. 504. Portable computers
Sec. 505. Radio communications
Sec. 506. Hand-held global positioning system devices
Sec. 507. Night vision equipment
Sec. 508. Body armor
Sec. 509. Weapons

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

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

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

Sec. 531. Increase in full time United States Customs and Border 
              Protection import specialists
Sec. 532. Certifications relating to functions and import specialists 
              of United States Custom and Border Protection
Sec. 533. Expedited traveler programs

                  TITLE VI--ENSURING PROPER SCREENING

Sec. 601. US-VISIT Oversight Task Force
Sec. 602. Verification of security measures under the Customs-Trade 
              Partnership Against Terrorism (C-TPAT) program and the 
              Free and Secure Trade (FAST) program
Sec. 603. Immediate international passenger prescreening pilot program

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

                      Subtitle A--Alien Smuggling

Sec. 701. Combating human smuggling
Sec. 702. Reestablishment of the United States Border Patrol anti-
              smuggling unit
Sec. 703. New nonimmigrant visa classification to enable informants to 
              enter the United States and remain temporarily
Sec. 704. Adjustment of status when needed to protect informants
Sec. 705. Rewards program
Sec. 706. Outreach program
Sec. 707. Establishment of a special task force for coordinating and 
              distributing information on fraudulent immigration 
              documents

  Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

Sec. 711. Short title
Sec. 712. Northern Border Prosecution Initiative
Sec. 713. Authorization of appropriations

                      Subtitle C--Criminal Aliens

Sec. 721. Removal of criminal aliens
Sec. 722. Assistance for States incarcerating undocumented aliens 
              charged with certain crimes
Sec. 723. Reimbursement of States for indirect costs relating to the 
              incarceration of illegal aliens
Sec. 724. ICE strategy and staffing assessment
Sec. 725. Congressional mandate regarding processing of criminal aliens 
              while incarcerated
Sec. 726. Increase in prosecutors and immigration judges and United 
              States Marshals

                     Subtitle D--Operation Predator

Sec. 731. Direct funding for Operation Predator

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

        Subtitle A--Additional Authorizations of Appropriations

Sec. 801. Biometric center of excellence
Sec. 802. Portal detection systems
Sec. 803. Border security technologies for use between ports of entry
Sec. 804. Immigration security initiative

 Subtitle B--National Commission on Preventing Terrorist Attacks Upon 
                           the United States

Sec. 821. Establishment of Commission
Sec. 822. Purposes
Sec. 823. Composition of Commission
Sec. 824. Powers of commission
Sec. 825. Compensation and travel expenses
Sec. 826. Security clearances for commission members and staff
Sec. 827. Reports of Commission
Sec. 828. Funding

                 TITLE IX--FAIRNESS FOR AMERICA'S HEROS

Sec. 901. Short title
Sec. 902. Naturalization through combat zone service in Armed Forces
Sec. 903. Immigration benefits for survivors of persons granted 
              posthumous citizenship through death while on active-duty 
              service
Sec. 904. Effective date

                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Location and deportation of criminal aliens
Sec. 1002. Agreements with State and local law enforcement agencies to 
              identify and transfer to Federal custody criminal aliens
Sec. 1003. Denying admission to foreign government officials of 
              countries denying alien return
Sec. 1004. Border patrol training facility
Sec. 1005. Sense of Congress

     SEC. 2. DEFINITIONS.

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

                TITLE I--SECURING UNITED STATES BORDERS

     SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

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

[[Page H6549]]

       (H) The identification of any obstacles that may impede 
     full implementation of the deployment plan.
       (I) A detailed estimate of all costs associated with the 
     implementation of the deployment plan.
       (3) Deployment.--Not later than September 30, 2008, the 
     Secretary of Homeland Security shall fully implement the plan 
     described in subsection (a).
       (4) Report.--Not later than September 30, 2007, the 
     Secretary of Homeland Security shall submit the plan 
     described in subsection (a) to the appropriate congressional 
     committee (as defined in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101)).
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section $200,000,000 for 
     each of fiscal years 2007 and 2008, and such sums as may be 
     necessary for each succeeding fiscal year.

     SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

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

     SEC. 104. BIOMETRIC DATA ENHANCEMENTS.

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

     SEC. 105. ONE FACE AT THE BORDER INITIATIVE.

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

     SEC. 106. SECURE COMMUNICATION.

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

[[Page H6550]]

     SEC. 107. BORDER PATROL AGENTS.

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

     SEC. 108. IMMIGRATION ENFORCEMENT AGENTS.

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

     SEC. 109. PORT OF ENTRY INSPECTION PERSONNEL.

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

     SEC. 110. CANINE DETECTION TEAMS.

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

     SEC. 111. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

     SEC. 112. BORDER PATROL TRAINING CAPACITY REVIEW.

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

     SEC. 113. AIRSPACE SECURITY MISSION IMPACT REVIEW.

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

     SEC. 114. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.

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

     SEC. 115. BORDER PATROL UNIT FOR VIRGIN ISLANDS.

        Not later than September 30, 2007, the Secretary of 
     Homeland Security shall establish at least one Border Patrol 
     unit for the Virgin Islands of the United States.

     SEC. 116. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL 
                   AMERICAN GANGS ALONG INTERNATIONAL BORDER.

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

     SEC. 117. COLLECTION OF DATA.

       Beginning on October 1, 2007, the Secretary of Homeland 
     Security shall annually compile data on the following 
     categories of information:
       (1) The number of unauthorized aliens who require medical 
     care taken into custody by Border Patrol officials.
       (2) The number of unauthorized aliens with serious injuries 
     or medical conditions Border Patrol officials encounter, and 
     refer to local hospitals or other health facilities.
       (3) The number of unauthorized aliens with serious injuries 
     or medical conditions who arrive at United States ports of 
     entry and

[[Page H6551]]

     subsequently are admitted into the United States for 
     emergency medical care, as reported by United States Customs 
     and Border Protection.
       (4) The number of unauthorized aliens described in 
     paragraphs (2) and (3) who subsequently are taken into 
     custody by the Department of Homeland Security after 
     receiving medical treatment.

     SEC. 118. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT 
                   AT UNITED STATES PORTS OF ENTRY.

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

     SEC. 119. SENSE OF CONGRESS REGARDING THE SECURE BORDER 
                   INITIATIVE.

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

     SEC. 120. REPORT REGARDING ENFORCEMENT OF CURRENT EMPLOYMENT 
                   VERIFICATION LAWS.

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

         TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

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

       (a) In General.--The Secretary of Homeland Security and the 
     Secretary of Defense shall develop a joint strategic plan to 
     use the authorities provided to the Secretary of Defense 
     under chapter 18 of title 10, United States Code, to increase 
     the availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, tethered aerostat radars, 
     and other surveillance equipment, to assist with the 
     surveillance activities of the Department of Homeland 
     Security conducted at or near the international land and 
     maritime borders of the United States.
       (b) Report.--Not later than six months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Defense shall submit to Congress a 
     report containing--
       (1) a description of the use of Department of Defense 
     equipment to assist with the surveillance by the Department 
     of Homeland Security of the international land and maritime 
     borders of the United States;
       (2) the joint strategic plan developed pursuant to 
     subsection (a);
       (3) a description of the types of equipment and other 
     support to be provided by the Department of Defense under the 
     joint strategic plan during the one-year period beginning 
     after submission of the report under this subsection; and
       (4) a description of how the Department of Homeland 
     Security and the Department of Defense are working with the 
     Department of Transportation on safety and airspace control 
     issues associated with the use of unmanned aerial vehicles in 
     the National Airspace System.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as altering or amending the prohibition on the use 
     of any part of the Army or the Air Force as a posse comitatus 
     under section 1385 of title 18, United States Code.

     SEC. 202. BORDER SECURITY ON PROTECTED LAND.

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

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

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

     SEC. 204. BORDER SECURITY ADVISORY COMMITTEE.

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

     SEC. 205. CENTER OF EXCELLENCE FOR BORDER SECURITY.

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

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

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

                    TITLE III--DETENTION AND REMOVAL

     SEC. 301. ENHANCED DETENTION CAPACITY.

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

     SEC. 302. INCREASE IN DETENTION AND REMOVAL OFFICERS.

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

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

       Subject to the availability of appropriations, the 
     Secretary of Homeland Security shall fully utilize--
       (1) all available detention facilities operated or 
     contracted by the Department of Homeland Security; and

[[Page H6552]]

       (2) all possible options to cost effectively increase 
     available detention capacities, including the use of 
     temporary detention facilities, the use of State and local 
     correctional facilities, private space, and secure 
     alternatives to detention.

     SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL 
                   ALIENS.

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

     SEC. 305. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

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

     SEC. 306. TRAINING PROGRAM.

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

     SEC. 307. GAO STUDY ON DEATHS IN CUSTODY.

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

      TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

     SEC. 401. ENHANCED BORDER SECURITY COORDINATION AND 
                   MANAGEMENT.

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

     SEC. 402. MAKING OUR BORDER AGENCIES WORK.

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

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

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

     ``SEC. 404. TRANSFER.

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


[[Page H6553]]


``Sec. 401. Bureau of Border Security and Customs''; and

       (2) by inserting after the item relating to section 403 the 
     following new item:

``Sec. 404. Transfer''.

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

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

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

     ``SEC. 406. IMMIGRATION LEGAL ADVISOR.

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

``Sec. 405. Chief of Policy and Strategy
``Sec. 406. Legal advisor'';

       (B) by striking the item related to section 442; and
       (C) by redesignating the items relating to sections 443 
     through 446 as items relating to sections 442 through 445, 
     respectively.

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

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

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

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

     SEC. 502. HELICOPTERS AND POWER BOATS.

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

     SEC. 503. MOTOR VEHICLES.

       The Secretary of Homeland Security shall establish a fleet 
     of motor vehicles appropriate for use by the United States 
     Border Patrol that will permit a ratio of at least

[[Page H6554]]

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

     SEC. 504. PORTABLE COMPUTERS.

       The Secretary of Homeland Security shall ensure that each 
     police-type motor vehicle in the fleet of the United States 
     Border Patrol is equipped with a portable computer with 
     access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.

     SEC. 505. RADIO COMMUNICATIONS.

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

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

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

     SEC. 507. NIGHT VISION EQUIPMENT.

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

     SEC. 508. BODY ARMOR.

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

     SEC. 509. WEAPONS.

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

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

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

       Section 5379(b) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(4) In the case of an employee (otherwise eligible for 
     benefits under this section) who is serving as a full-time 
     active-duty United States Border Patrol agent within the 
     Department of Homeland Security--
       ``(A) paragraph (2)(A) shall be applied by substituting 
     `$20,000' for `$10,000'; and
       ``(B) paragraph (2)(B) shall be applied by substituting 
     `$80,000' for `$60,000'.''.

     SEC. 512. RECRUITMENT AND RELOCATION BONUSES AND RETENTION 
                   ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       The Secretary of Homeland Security shall ensure that the 
     authority to pay recruitment and relocation bonuses under 
     section 5753 of title 5, United States Code, the authority to 
     pay retention bonuses under section 5754 of such title, and 
     any other similar authorities available under any other 
     provision of law, rule, or regulation, are exercised to the 
     fullest extent allowable in order to encourage service in the 
     Department of Homeland Security.

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

       (a) Amendments.--
       (1) Federal employees' retirement system.--
       (A) Paragraph (17) of section 8401 of title 5, United 
     States Code, is amended by striking ``and'' at the end of 
     subparagraph (C), and by adding at the end the following:
       ``(E) an employee (not otherwise covered by this 
     paragraph)--
       ``(i) the duties of whose position include the 
     investigation or apprehension of individuals suspected or 
     convicted of offenses against the criminal laws of the United 
     States; and
       ``(ii) who is authorized to carry a firearm; and
       ``(F) an employee of the Internal Revenue Service, the 
     duties of whose position are primarily the collection of 
     delinquent taxes and the securing of delinquent returns;''.
       (B) Conforming amendment.--Section 8401(17)(C) of title 5, 
     United States Code, is amended by striking ``(A) and (B)'' 
     and inserting ``(A), (B), (E), and (F)''.
       (2) Civil service retirement system.--Paragraph (20) of 
     section 8331 of title 5, United States Code, is amended by 
     inserting after ``position.'' (in the matter before 
     subparagraph (A)) the following: ``For the purpose of this 
     paragraph, the employees described in the preceding provision 
     of this paragraph (in the matter before `including') shall be 
     considered to include an employee, not otherwise covered by 
     this paragraph, who satisfies clauses (i) and (ii) of section 
     8401(17)(E) and an employee of the Internal Revenue Service 
     the duties of whose position are as described in section 
     8401(17)(F).''.
       (3) Effective date.--Except as provided in subsection (b), 
     the amendments made by this subsection shall take effect on 
     the date of the enactment of this Act, and shall apply only 
     in the case of any individual first appointed (or seeking to 
     be first appointed) as a law enforcement officer (within the 
     meaning of those amendments) on or after such date.
       (b) Treatment of Service Performed by Incumbents.--
       (1) Law enforcement officer and service described.--
       (A) Law enforcement officer.--Any reference to a law 
     enforcement officer described in this paragraph refers to an 
     individual who satisfies the requirements of section 8331(20) 
     or 8401(17) of title 5, United States Code (relating to the 
     definition of a law enforcement officer) by virtue of the 
     amendments made by subsection (a).
       (B) Service.--Any reference to service described in this 
     paragraph refers to service performed as a law enforcement 
     officer (as described in this paragraph).
       (2) Incumbent defined.--For purposes of this subsection, 
     the term ``incumbent'' means an individual who--
       (A) is first appointed as a law enforcement officer (as 
     described in paragraph (1)) before the date of the enactment 
     of this Act; and
       (B) is serving as such a law enforcement officer on such 
     date.
       (3) Treatment of service performed by incumbents.--
       (A) In general.--Service described in paragraph (1) which 
     is performed by an incumbent on or after the date of the 
     enactment of this Act shall, for all purposes (other than 
     those to which subparagraph (B) pertains), be treated as 
     service performed as a law enforcement officer (within the 
     meaning of section 8331(20) or 8401(17) of title 5, United 
     States Code, as appropriate), irrespective of how such 
     service is treated under subparagraph (B).
       (B) Retirement.--Service described in paragraph (1) which 
     is performed by an incumbent before, on, or after the date of 
     the enactment of this Act shall, for purposes of subchapter 
     III of chapter 83 and chapter 84 of title 5, United States 
     Code, be treated as service performed as a law enforcement 
     officer (within the meaning of section 8331(20) or 8401(17), 
     as appropriate), but only if an appropriate written election 
     is submitted to the Office of Personnel Management within 5 
     years after the date of the enactment of this Act or before 
     separation from Government service, whichever is earlier.
       (4) Individual contributions for prior service.--
       (A) In general.--An individual who makes an election under 
     paragraph (3)(B) may, with respect to prior service performed 
     by such individual, contribute to the Civil Service 
     Retirement and Disability Fund the difference between the 
     individual contributions that were actually made for such 
     service and the individual contributions that should have 
     been made for such service if the amendments made by 
     subsection (a) had then been in effect.
       (B) Effect of not contributing.--If no part of or less than 
     the full amount required under subparagraph (A) is paid, all 
     prior service of the incumbent shall remain fully creditable 
     as law enforcement officer service, but the resulting annuity 
     shall be reduced in a manner similar to that described in 
     section 8334(d)(2) of title 5, United States Code, to the 
     extent necessary to make up the amount unpaid.
       (C) Prior service defined.--For purposes of this 
     subsection, the term ``prior service'' means, with respect to 
     any individual who makes an election under paragraph (3)(B), 
     service (described in paragraph (1)) performed by such 
     individual before the date as of which appropriate retirement 
     deductions begin to be made in accordance with such election.
       (5) Government contributions for prior service.--
       (A) In general.--If an incumbent makes an election under 
     paragraph (3)(B), the agency in or under which that 
     individual was serving at the time of any prior service 
     (referred to in paragraph (4)) shall remit to the Office of 
     Personnel Management, for deposit in the Treasury of the 
     United States to the credit of the Civil Service Retirement 
     and Disability Fund, the amount required under subparagraph 
     (B) with respect to such service.
       (B) Amount required.--The amount an agency is required to 
     remit is, with respect to any prior service, the total amount 
     of additional Government contributions to the Civil Service 
     Retirement and Disability Fund (above those actually paid) 
     that would have been required if the amendments made by 
     subsection (a) had then been in effect.
       (C) Contributions to be made ratably.--Government 
     contributions under this paragraph on behalf of an incumbent 
     shall be

[[Page H6555]]

     made by the agency ratably (on at least an annual basis) over 
     the 10-year period beginning on the date referred to in 
     paragraph (4)(C).
       (6) Exemption from mandatory separation.--Nothing in 
     section 8335(b) or 8425(b) of title 5, United States Code, 
     shall cause the involuntary separation of a law enforcement 
     officer (as described in paragraph (1)) before the end of the 
     3-year period beginning on the date of the enactment of this 
     Act.
       (7) Regulations.--The Office shall prescribe regulations to 
     carry out this section, including--
       (A) provisions in accordance with which interest on any 
     amount under paragraph (4) or (5) shall be computed, based on 
     section 8334(e) of title 5, United States Code; and
       (B) provisions for the application of this subsection in 
     the case of--
       (i) any individual who--

       (I) satisfies subparagraph (A) (but not subparagraph (B)) 
     of paragraph (2); and
       (II) serves as a law enforcement officer (as described in 
     paragraph (1)) after the date of the enactment of this Act; 
     and

       (ii) any individual entitled to a survivor annuity (based 
     on the service of an incumbent, or of an individual under 
     clause (i), who dies before making an election under 
     paragraph (3)(B)), to the extent of any rights that would 
     then be available to the decedent (if still living).
       (8) Rule of construction.--Nothing in this subsection shall 
     be considered to apply in the case of a reemployed annuitant.

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

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

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

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

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

     SEC. 531. INCREASE IN FULL TIME UNITED STATES CUSTOMS AND 
                   BORDER PROTECTION IMPORT SPECIALISTS.

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

     SEC. 532. CERTIFICATIONS RELATING TO FUNCTIONS AND IMPORT 
                   SPECIALISTS OF UNITED STATES CUSTOM AND BORDER 
                   PROTECTION.

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

     SEC. 533. EXPEDITED TRAVELER PROGRAMS.

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

                  TITLE VI--ENSURING PROPER SCREENING

     SEC. 601. US-VISIT OVERSIGHT TASK FORCE.

       (a) In General.--In order to assist the Secretary of 
     Homeland Security to complete the planning and expedited 
     deployment of US-VISIT, as described in section 7208 of such 
     Act, and consistent with the findings of the National 
     Commission on Terrorist Attacks upon the United States, the 
     Secretary shall convene a task force.
       (b) Composition.--The task force shall be composed of 
     representatives from private sector groups with an interest 
     in immigration and naturalization, travel and tourism, 
     transportation, trade, law enforcement, national security, 
     the environment, and other affected industries and areas of 
     interest. Members of the task force shall be appointed by the 
     Secretary for the life of the task force.
       (c) Duties.--The task force shall advise and assist the 
     Secretary regarding ways to make US-VISIT a secure and 
     complete system to track visitors to the United States.
       (d) Report.--Not later than December 31, 2007, and annually 
     thereafter that the task force is in existence, the task 
     force shall submit to the House Committee on Homeland 
     Security and the Committee on Homeland Security and 
     Government Reform of the Senate a report containing the 
     findings, conclusions, and recommendations of the task force 
     with respect to making US-VISIT a secure and complete system, 
     in accordance with paragraph (3). The report shall also 
     measure and evaluate the progress the task force has made in 
     providing a framework for completion of the US-VISIT program, 
     an estimation of how long any remaining work will take to 
     complete, and an estimation of the cost to complete such 
     work.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such funds as may be 
     necessary to carry out this subsection.

     SEC. 602. VERIFICATION OF SECURITY MEASURES UNDER THE 
                   CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM (C-
                   TPAT) PROGRAM AND THE FREE AND SECURE TRADE 
                   (FAST) PROGRAM.

       (a) General Verification.--Not later than one year after 
     the date of the enactment of this Act, and on a biannual 
     basis thereafter, the Commissioner of the Bureau of Customs 
     and Border Protection of the Department of Homeland Security 
     shall verify on-site the security measures of each individual 
     and entity that is participating in the Customs-Trade 
     Partnership Against Terrorism (C-TPAT) program and the Free 
     And Secure Trade (FAST) program.
       (b) Policies for Noncompliance With C-TPAT Program 
     Requirements.--The Commissioner shall establish policies for 
     non-compliance with the requirements of the C-TPAT program by 
     individuals and entities participating in the program, 
     including probation or expulsion from the program, as 
     appropriate.

     SEC. 603. IMMEDIATE INTERNATIONAL PASSENGER PRESCREENING 
                   PILOT PROGRAM.

       (a) Pilot Program.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Homeland Security 
     shall initiate a pilot program to evaluate the use of 
     automated systems for the immediate

[[Page H6556]]

     prescreening of passengers on flights in foreign air 
     transportation, as defined by section 40102 of title 49, 
     United States Code, that are bound for the United States.
       (b) Requirements.--At a minimum, with respect to a 
     passenger on a flight described in subsection (a) operated by 
     an air carrier or foreign air carrier, the automated systems 
     evaluated under the pilot program shall--
       (1) compare the passenger's information against the 
     integrated and consolidated terrorist watchlist maintained by 
     the Federal Government and provide the results of the 
     comparison to the air carrier or foreign air carrier before 
     the passenger is permitted board the flight;
       (2) provide functions similar to the advanced passenger 
     information system established under section 431 of the 
     Tariff Act of 1930 (19 U.S.C. 1431); and
       (3) make use of machine-readable data elements on passports 
     and other travel and entry documents in a manner consistent 
     with international standards.
       (c) Operation.--The pilot program shall be conducted--
       (1) in not fewer than 2 foreign airports; and
       (2) in collaboration with not fewer than one air carrier at 
     each airport participating in the pilot program.
       (d) Evaluation of Automated Systems.--In conducting the 
     pilot program, the Secretary shall evaluate not more than 3 
     automated systems. One or more of such systems shall be 
     commercially available and currently in use to prescreen 
     passengers.
       (e) Privacy Protection.--The Secretary shall ensure that 
     the passenger data is collected under the pilot program in a 
     manner consistent with the standards established under 
     section 552a of title 5, United States Code.
       (f) Duration.--The Secretary shall conduct the pilot 
     program for not fewer than 90 days.
       (g) Passenger Defined.--In this section, the term 
     ``passenger'' includes members of the flight crew.
       (h) Report.--Not later than 30 days after the date of 
     completion of the pilot program, the Secretary shall submit 
     to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing the 
     following:
       (1) An assessment of the technical performance of each of 
     the tested systems, including the system's accuracy, 
     scalability, and effectiveness with respect to measurable 
     factors, including, at a minimum, passenger throughput, the 
     rate of flight diversions, and the rate of false negatives 
     and positives.
       (2) A description of the provisions of each tested system 
     to protect the civil liberties and privacy rights of 
     passengers, as well as a description of the adequacy of an 
     immediate redress or appeals process for passengers denied 
     authorization to travel.
       (3) Cost projections for implementation of each tested 
     system, including--
       (A) projected costs to the Department of Homeland Security; 
     and
       (B) projected costs of compliance to air carriers operating 
     flights described in subsection (a).
       (4) A determination as to which tested system is the best-
     performing and most efficient system to ensure immediate 
     prescreening of international passengers. Such determination 
     shall be made after consultation with individuals in the 
     private sector having expertise in airline industry, travel, 
     tourism, privacy, national security, or computer security 
     issues.
       (5) A plan to fully deploy the best-performing and most 
     efficient system tested by not later than January 1, 2007.

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

                      Subtitle A--Alien Smuggling

     SEC. 701. COMBATING HUMAN SMUGGLING.

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

     SEC. 702. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL 
                   ANTI-SMUGGLING UNIT.

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

     SEC. 703. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE 
                   INFORMANTS TO ENTER THE UNITED STATES AND 
                   REMAIN TEMPORARILY.

       (a) In General.--Section 101(a)(15)(S) (8 U.S.C. 
     1101(a)(15)(S)) is amended
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the comma at the end and 
     inserting ``; or'';
       (3) by inserting after clause (ii) the following:
       ``(iii) who the Secretary of Homeland Security, the 
     Secretary of State, or the Attorney General determines--

       ``(I) is in possession of critical reliable information 
     concerning a commercial alien smuggling organization or 
     enterprise or a commercial operation for making or 
     trafficking in documents to be used for entering or remaining 
     in the United States unlawfully;
       ``(II) is willing to supply or has supplied such 
     information to a Federal or State court; or
       ``(III) whose presence in the United States the Secretary 
     of Homeland Security, the Secretary of State, or the Attorney 
     General determines is essential to the success of an 
     authorized criminal investigation, the successful prosecution 
     of an individual involved in the commercial alien smuggling 
     organization or enterprise, or the disruption of such 
     organization or enterprise or a commercial operation for 
     making or trafficking in documents to be used for entering or 
     remaining in the United States unlawfully.'';

       (4) by inserting ``, or with respect to clause (iii), the 
     Secretary of Homeland Security, the Secretary of State, or 
     the Attorney General'' after ``jointly''; and
       (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
     or (iii)''.
       (b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C. 
     1184(k)) is amended
       (1) by adding at the end of paragraph (1) the following: 
     ``The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal 
     year may not exceed 400.''; and
       (2) by adding at the end the following:
       ``(5) If the Secretary of Homeland Security, the Secretary 
     of State, or the Attorney General determines that a 
     nonimmigrant described in clause (iii) of section 
     101(a)(15)(S), or that of any family member of such a 
     nonimmigrant who is provided nonimmigrant status pursuant to 
     such section, must be protected, such official may take such 
     lawful action as the official considers necessary to effect 
     such protection.''.

     SEC. 704. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT 
                   INFORMANTS.

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

[[Page H6557]]

     SEC. 705. REWARDS PROGRAM.

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

     SEC. 706. OUTREACH PROGRAM.

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

     SEC. 707. ESTABLISHMENT OF A SPECIAL TASK FORCE FOR 
                   COORDINATING AND DISTRIBUTING INFORMATION ON 
                   FRAUDULENT IMMIGRATION DOCUMENTS.

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

  Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

     SEC. 711. SHORT TITLE.

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

     SEC. 712. NORTHERN BORDER PROSECUTION INITIATIVE.

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

     SEC. 713. AUTHORIZATION OF APPROPRIATIONS.

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

                      Subtitle C--Criminal Aliens

     SEC. 721. REMOVAL OF CRIMINAL ALIENS.

       (a) In General.--Within one year after the date of the 
     enactment of this Act the Department of Homeland Security 
     shall locate and remove all criminal aliens who have been 
     ordered deported as of such enactment date.
       (b) Continuation and Expansion of Institutional Removal 
     Program.--
       (1) In general.--The Attorney General and the Secretary of 
     Homeland Security shall continue to operate and implement the 
     Institutional Removal Program, under section 238(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1228(a)(1)), which 
     identifies removable criminal aliens serving sentences in 
     Federal and State correctional facilities for crimes set 
     forth in section 238(a)(1) of such Act, ensures such aliens 
     are not released into the community, and removes such aliens 
     from the United States upon completion of their sentences. 
     The Institutional Removal Program shall be designed in 
     accordance with section 238(a)(3) of such Act such

[[Page H6558]]

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

     SEC. 722. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED 
                   ALIENS CHARGED WITH CERTAIN CRIMES.

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

     SEC. 723. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING 
                   TO THE INCARCERATION OF ILLEGAL ALIENS.

       Section 501 of the Immigration Reform and Control Act of 
     1986 (8 U.S.C. 1365) is amended--
       (1) in subsection (a)--
       (A) by striking ``for the costs'' and inserting the 
     following: ``for--
       ``(1) the costs''; and
       (B) by striking ``such State.'' and inserting the 
     following: ``such State; and
       ``(2) the indirect costs related to the imprisonment 
     described in paragraph (1).''; and
       (2) by striking subsections (c) through (e) and inserting 
     the following:
       ``(c) Manner of Allotment of Reimbursements.--
     Reimbursements under this section shall be allotted in a 
     manner that gives special consideration for any State that--
       ``(1) shares a border with Mexico or Canada; or
       ``(2) includes within the State an area in which a large 
     number of undocumented aliens reside relative to the general 
     population of that area.
       ``(d) Definitions.--As used in this section:
       ``(1) Indirect costs.--The term `indirect costs' includes--
       ``(A) court costs, county attorney costs, detention costs, 
     and criminal proceedings expenditures that do not involve 
     going to trial;
       ``(B) indigent defense costs; and
       ``(C) unsupervised probation costs.
       ``(2) State.--The term `State' has the meaning given such 
     term in section 101(a)(36) of the Immigration and Nationality 
     Act.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $200,000,000 for each of the 
     fiscal years 2005 through 2011 to carry out subsection 
     (a)(2).''.

     SEC. 724. ICE STRATEGY AND STAFFING ASSESSMENT.

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

     SEC. 725. CONGRESSIONAL MANDATE REGARDING PROCESSING OF 
                   CRIMINAL ALIENS WHILE INCARCERATED.

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

     SEC. 726. INCREASE IN PROSECUTORS AND IMMIGRATION JUDGES AND 
                   UNITED STATES MARSHALS.

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

                     Subtitle D--Operation Predator

     SEC. 731. DIRECT FUNDING FOR OPERATION PREDATOR.

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

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

        Subtitle A--Additional Authorizations of Appropriations

     SEC. 801. BIOMETRIC CENTER OF EXCELLENCE.

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

     SEC. 802. PORTAL DETECTION SYSTEMS.

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

     SEC. 803. BORDER SECURITY TECHNOLOGIES FOR USE BETWEEN PORTS 
                   OF ENTRY.

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

     SEC. 804. IMMIGRATION SECURITY INITIATIVE.

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

[[Page H6559]]

 Subtitle B--National Commission on Preventing Terrorist Attacks Upon 
                           the United States

     SEC. 821. ESTABLISHMENT OF COMMISSION.

       There is established in the legislative branch the National 
     Commission on Preventing Terrorist Attacks Upon the United 
     States (in this subtitle referred to as the ``Commission'').

     SEC. 822. PURPOSES.

       The purposes of the Commission are to examine and report on 
     the changes taken since the terrorist attacks of September 
     11, 2001 to structure, coordination, management policies, and 
     procedures of the Federal Government, and, if appropriate, 
     State and local governments and nongovernmental entities, 
     relative to detecting, preventing, and responding to future 
     terrorist attacks on the United States.

     SEC. 823. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the leader of the Senate 
     (majority or minority leader, as the case may be) of the 
     Democratic Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Democratic Party, who shall serve as vice 
     chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (5) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, law enforcement, the armed services, 
     law, public administration, intelligence gathering, commerce 
     (including aviation matters), and foreign affairs.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed on or before January 30, 2007.
       (5) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (c) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (d) Sense of Congress Regarding Appointments.--It is the 
     Sense of Congress that each individual responsible for 
     appointing a member of the Commission should select one of 
     the individuals who previously served as a member of the 
     National Commission on Terrorist Attacks Upon the United 
     States authorized by Public Law 107-306.

     SEC. 824. POWERS OF COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this subtitle--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chairman and the vice chairman; 
     or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a) the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this subtitle.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this subtitle. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (g) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (h) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section 610(a) and (b).
       (i) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. 825. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. 826. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     subtitle without the appropriate security clearances.

     SEC. 827. REPORTS OF COMMISSION.

       Not later than December 31 of each year after the year of 
     enactment of this Act, the Commission shall make a report to 
     Congress containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.

     SEC. 828. FUNDING.

       To fulfill the purposes of this subtitle, $10,000,000 is 
     authorized for each fiscal year.

[[Page H6560]]

                 TITLE IX--FAIRNESS FOR AMERICA'S HEROS

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Fairness for America's 
     Heros Act''.

     SEC. 902. NATURALIZATION THROUGH COMBAT ZONE SERVICE IN ARMED 
                   FORCES.

       Section 329 of the Immigration and Nationality Act (8 
     U.S.C. 1440) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) Any person eligible under paragraph (3) who, while 
     an alien or a noncitizen national of the United States, 
     performs active duty in the Armed Forces of the United States 
     in a combat zone (as defined in section 112(c) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 112(c))) shall be 
     admitted to citizenship upon the completion of six months of 
     such service or discharge or redeployment resulting from a 
     physical or psychological disability or injury, or posthumous 
     citizenship in the case of death..
       ``(2) The executive department issuing the order for the 
     service described in paragraph (1) shall, at the time of such 
     issuance, inform the person of the benefits available under 
     this subsection and of the procedure established by such 
     department for satisfying the requirement of paragraph (3).
       ``(3) In order to be eligible for naturalization under this 
     subsection, a person shall inform the executive department 
     issuing the order for the service described in paragraph (1) 
     that the person desires to be admitted to citizenship in 
     accordance with this subsection upon the completion of six 
     months of such service or discharge or redeployment resulting 
     from a physical or psychological disability or injury, or 
     posthumous citizenship in the case of death.
       ``(4) The appropriate executive department shall notify the 
     Secretary of Homeland Security when a person has been 
     naturalized in accordance with this subsection and of the 
     effective date of such naturalization. The Secretary of 
     Homeland Security, not later than 30 days after receipt of 
     such notification, shall issue to the person a certificate of 
     naturalization reflecting such date and any other information 
     the Secretary determines to be appropriate.''.

     SEC. 903. IMMIGRATION BENEFITS FOR SURVIVORS OF PERSONS 
                   GRANTED POSTHUMOUS CITIZENSHIP THROUGH DEATH 
                   WHILE ON ACTIVE-DUTY SERVICE.

       Section 329A(e) of the Immigration and Nationality Act (8 
     U.S.C. 1440-1(e)) is amended to read as follows:
       ``(e) Benefits for Survivors.--
       ``(1) In general.--Subject to this subsection, any 
     immigration benefit available under Federal law to a spouse, 
     child, or parent of a citizen of the United States shall be 
     available to a spouse, child, or parent of a person granted 
     posthumous citizenship under this section as if the person's 
     death had not occurred.
       ``(2) Spouse.--For purposes of this Act, a person shall be 
     considered a spouse of a person granted posthumous 
     citizenship under this section if the person was not legally 
     separated from the citizen at the time of the citizen's 
     death.
       ``(3) Children.--For purposes of this Act, a person shall 
     be considered a child of a person granted posthumous 
     citizenship under this section if the person would have been 
     considered a child (as defined in section 101(b)(1)) at the 
     time of the citizen's death.
       ``(4) Parents.--For purposes of section 201(b)(2)(A)(i), 
     the requirement that the citizen be at least 21 years of age 
     shall not apply in the case of a parent of a person granted 
     posthumous citizenship under this section.
       ``(5) Self-petitions.--For purposes of petitions and 
     applications for immigration benefits required to be filed 
     under this Act on behalf of a spouse, child, or parent by a 
     citizen of the United States, the spouse, child, or parent 
     shall be permitted to self-petition for such benefits as if 
     filed by the person granted posthumous citizenship under this 
     section. Any requirement under this Act for an affidavit of 
     support pursuant to such a petition or application shall be 
     waived.
       ``(6) No benefits for other relatives.--Nothing in this 
     section or section 319(d) shall be construed as providing for 
     any benefit under this Act for any relative of a person 
     granted posthumous citizenship under this section who is not 
     treated as a spouse, child, or parent under this 
     subsection.''.

     SEC. 904. EFFECTIVE DATE.

       The amendments made by this title shall take effect as if 
     enacted on September 11, 2001.

                   TITLE X--MISCELLANEOUS PROVISIONS

     SEC. 1001. LOCATION AND DEPORTATION OF CRIMINAL ALIENS.

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

     SEC. 1002. AGREEMENTS WITH STATE AND LOCAL LAW ENFORCEMENT 
                   AGENCIES TO IDENTIFY AND TRANSFER TO FEDERAL 
                   CUSTODY CRIMINAL ALIENS.

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

     SEC. 1003. DENYING ADMISSION TO FOREIGN GOVERNMENT OFFICIALS 
                   OF COUNTRIES DENYING ALIEN RETURN.

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

     SEC. 1004. BORDER PATROL TRAINING FACILITY.

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

     SEC. 1005. SENSE OF CONGRESS.

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


        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Republican majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives (VI, 308-311), describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-IIIinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Republican 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution . . . [and] has no substantive 
     legislative or policy implications whatsoever.'' But that is 
     not what they have always said. Listen to the Republican 
     Leadership Manual on the Legislative Process in the United 
     States House of Representatives, (6th edition, page 135). 
     Here's how the Republicans describe the previous question 
     vote in their own manual: Although it is generally not 
     possible to amend the rule because the majority Member 
     controlling the time will not yield for the purpose of 
     offering an amendment, the same result may be achieved by 
     voting down the previous question on the rule . . . When the 
     motion for the previous question is defeated, control of the 
     time passes to the Member who led the opposition to ordering 
     the previous question. That Member, because he then controls 
     the time, may offer an amendment to the rule, or yield for 
     the purpose of amendment.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee

[[Page H6561]]

     on Rules] opens the resolution to amendment and further 
     debate.'' (Chapter 21, section 21.2) Section 21.3 continues: 
     Upon rejection of the motion for the previous question on a 
     resolution reported from the Committee on Rules, control 
     shifts to the Member leading the opposition to the previous 
     question, who may offer a proper amendment or motion and who 
     controls the time for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Republican 
     majority's agenda to offer an alternative plan.

  Mr. SESSIONS. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The SPEAKER pro tempore (Mr. Boozman). The question is on ordering 
the previous question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Florida. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________