[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.
____________________