[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 2911-2919]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Mr. REID:
  S. 2385. A bill to amend title 10, United States Code, to expand 
eligibility for Combat-Related Special Compensation paid by the 
uniformed services in order to permit certain additional retired 
members who have a service-connected disability to receive both 
disability compensation from the Department of Veterans Affairs for 
that disability and Combat-Related Special Compensation by reason of 
that disability; to the Committee on Armed Services.
  Mr. REID. Mr. President, along with many of my colleagues, I have 
been fighting for sometime to end the ban

[[Page 2912]]

on Concurrent Receipt, so disabled veterans can get the fair benefits 
they deserve. We have made some progress over the last few years, but 
as everyone knows, we still have work to do.
  Let's remember what Concurrent Receipt is. It is an unfair and 
outdated policy that prevents disabled veterans from collecting both 
their military retirement pay and disability compensation. It requires 
a retired disabled veteran to deduct from his retirement pay, dollar 
for dollar, the amount of any disability compensation he receives.
  Our veterans have given so much to our country. We owe it to them to 
get rid of this policy, and to make sure they get the full benefits 
they have earned and deserve.
  I'm proud to say we have been able to chip away at this unfair 
practice in recent years.
  In 2003, we passed my bill to allow--after a ten year waiting 
period--concurrent receipt for veterans with at least a 50 percent 
disability rating.
  In 2004, I proposed legislation to eliminate that ten-year period and 
also to provide full concurrent receipt of military and disability pay 
to veterans with 100 percent service-related disability.
  In November, 2005, we passed another amendment to expand concurrent 
receipt to cover America's most severely disabled veterans, and to 
implement the new policy immediately instead of phasing it in over a 
decade.
  I was pleased with the passage of that amendment last year, but 
disappointed that the conference committee chose not to enact this 
valuable legislation for veterans rated as ``unemployable'' until 2009.
  Today, concurrent receipt remains one of my highest priorities. We 
need to continue to chip away at this policy, and I am committed to 
that goal 100 percent.
  With that in mind, today I am introducing the Combat-Related Special 
Compensation Act of 2006. This legislation will take care of soldiers 
who had hoped to make the military a career, but were discharged 
prematurely for an injury sustained in combat and forced to retire 
medically before attaining 20 years of service.
  Right now, these soldiers receive combat-related disability benefits, 
but are not eligible to get retirement benefits because they cannot 
serve out the required 20 years. That is unfair, and this legislation 
will make sure they can get both.
  This is the right thing to do. These veterans have been forced into 
retirement, and we need to take care of them.
  I would note this legislation is especially important given the 
injuries we are seeing in Iraq. Improvised Explosive Devices have 
created numerous amputees and therefore, an increase in medically 
discharged veterans.
  I have visited military hospitals on several occasions and have seen 
first hand the injuries sustained by military personnel. Many of the 
members have reached the 10, 12, 14-year marks of their military 
careers and have been forced to retire medically before the 20 year 
retirement norm. They'll get medical benefits, but they won't receive 
legitimate retirement compensation because they have been injured and 
are unable to serve until retirement, as they had planned.
  That's wrong.
  We shouldn't penalize veterans because they were injured serving 
their country. My legislation will fix this problem, and get them their 
prorated retirement pay, along with their disability pay.
  Taking care of our veterans is the right thing to do. We must never 
forget the sacrifices they made to protect our freedom. Taking care of 
our veterans is also key to winning the war on terror. In our all-
volunteer military, it is critical to attract and retain professional, 
dedicated soldiers.
  These people serve because they love America. In turn, they expect 
that we will honor our commitments to provide health care and other 
primary benefits for them and their families.
  By ending the ban on concurrent receipt, we have an opportunity to 
show our gratitude to our veterans. While our Nation is at war, there 
is no better honor we could bestow upon them than to pass this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2385

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combat-Related Special 
     Compensation Act of 2006''.

     SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

       (a) Eligibility.--Subsection (c) of section 1413a of title 
     10, United States Code, is amended by striking ``entitled to 
     retired pay who--'' and all that follows and inserting 
     ``who--
       ``(1) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(2) has a combat-related disability.''.
       (b) Computation.--Paragraph (3) of subsection (b) of such 
     section is amended--
       (1) by designating the text of that paragraph as 
     subparagraph (A), realigning that text so as to be indented 4 
     ems from the left margin, and inserting before ``In the case 
     of'' the following heading: ``In general.--''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Special rule for retirees with fewer than 20 years of 
     service.--In the case of an eligible combat-related disabled 
     uniformed services retiree who is retired under chapter 61 of 
     this title with fewer than 20 years of creditable service, 
     the amount of the payment under paragraph (1) for any month 
     shall be reduced by the amount (if any) by which the amount 
     of the member's retired pay under chapter 61 of this title 
     exceeds the amount equal to 2\1/2\ percent of the member's 
     years of creditable service multiplied by the member's 
     retired pay base under section 1406(b)(1) or 1407 of this 
     title, whichever is applicable to the member.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2006, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
      By Mr. ALLEN (for himself, Mr. Stevens, Mr. Inouye, Mr. Burns, 
        Mr. Warner, Mr. Santorum, Mr. Dorgan, Mr. Nelson of Florida, 
        Mr. Vitter, Mr. Pryor, Mr. Coleman, Mr. Talent, Mr. Martinez, 
        and Mr. Thune):
  S. 2389. A bill to amend the Communications Act of 1934 to prohibit 
the unlawful acquisition and use of confidential customer proprietary 
network information, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. ALLEN. Mr. President, today I rise to introduce and present to my 
colleagues the Protecting Consumers Phone Records Act. I am pleased to 
be the lead sponsor of this legislation and I want to thank my 
colleagues, including Senators Stevens and Inouye, for working with me 
on this important issue.
  In recent months, a number of Web sites have been selling consumers' 
confidential phone records to anyone willing to pay a small fee. 
According to experts, these records are usually obtained by 
unscrupulous individuals who fraudulently pose as customers requesting 
their own records. This common fraud is no less harmful, and in some 
cases even more disconcerting, than when a third-party uses false 
pretenses to obtain an innocent person's confidential financial 
records. In some cases, even physical harm can result from one's 
private phone records becoming public. We cannot allow these 
reprehensible practices to continue.
  The goal of the Protecting Consumers Phone Records Act is to prevent 
the unauthorized and intrusive third party access of American 
consumers' phone records. Specifically, our legislation makes it 
illegal to solicit, acquire or sell a person's confidential phone 
records without that person's consent. It also specifically prohibits 
the practice commonly referred to as ``pretexting,'' where individuals 
obtain records by fraudulently misrepresenting that they have the 
authorization to obtain the records.
  Fully combating this problem requires a team effort. That is why our 
legislation requires telephone companies to comply with minimum 
security requirements, similar to those required of financial 
institutions. Companies must do their part to protect their customers' 
records.

[[Page 2913]]

  In order to deter this bad behavior, our legislation increases the 
penalties for violators. Should someone fraudulently solicit, obtain or 
sell an individual's phone records, they will be subject to an $11,000 
penalty for each record, up to $11 million. Phone companies are subject 
to a $30,000 penalty, up to $3 million if they do not sufficiently 
protect their customers' phone records.
  Finally, the Protecting Consumers Phone Records Act recognizes the 
importance of enforcement. The legislation provides the Federal 
Communications Commission, the Federal Trade Commission and State 
Attorneys General with strengthened enforcement authority. 
Additionally, telephone companies are given the authority to take legal 
action against those entities or individuals who have illegally 
acquired confidential phone records.
  This legislation will send a clear message to the unscrupulous 
individuals profiting from the invasion of an innocent individual's 
privacy, that this fraudulent and deceptive behavior will not be 
tolerated. We are prepared to use all of the appropriate tools to 
eliminate this harmful practice.
  Mr. President, I ask unanimous consent that the text of the bill be 
placed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2389

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Consumer Phone Records Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Unauthorized acquisition, use, or sale of confidential customer 
              proprietary network telephone information.
Sec. 3. Enhanced confidentiality procedures.
Sec. 4. Penalties; extension of confidentiality requirements to other 
              entities.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Concurrent enforcement by Federal Communications Commission.
Sec. 7. Enforcement by States.
Sec. 8. Preemption of State law.
Sec. 9. Consumer outreach and education.

     SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF 
                   CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK 
                   TELEPHONE INFORMATION.

       (a) In General.--It is unlawful for any person--
       (1) to acquire or use the customer proprietary network 
     information of another person without that person's 
     affirmative written consent;
       (2) to misrepresent that another person has consented to 
     the acquisition or use of such other person's customer 
     proprietary network information in order to acquire such 
     information;
       (3) to obtain unauthorized access to the data processing 
     system or records of a telecommunications carrier or an IP-
     enabled voice service provider in order to acquire the 
     customer proprietary network information of 1 or more other 
     persons;
       (4) to sell, or offer for sale, customer proprietary 
     network information; or
       (5) to request that another person obtain customer 
     proprietary network information from a telecommunications 
     carrier or IP-enabled voice service provider, knowing that 
     the other person will obtain the information from such 
     carrier or provider in any manner that is unlawful under 
     subsection (a).
       (b) Exceptions.--
       (1) Existing practices permitted.--Nothing in subsection 
     (a) prohibits any practice permitted by section 222 of the 
     Communications Act of 1934 (47 U.S.C. 222), or otherwise 
     authorized by law, as of the date of enactment of this Act.
       (2) Caller ID.--Nothing in subsection (a) prohibits the use 
     of caller identification services by any person to identify 
     the originator of telephone calls received by that person.
       (c) Private Right of Action for Providers.--
       (1) In general.--A telecommunications carrier or IP-enabled 
     voice service provider may bring a civil action in an 
     appropriate State court, or in any United States district 
     court that meets applicable requirements relating to venue 
     under section 1391 of title 28, United States Code--
       (A) based on a violation of this section or the regulations 
     prescribed under this section to enjoin such violation;
       (B) to recover for actual monetary loss from such a 
     violation, or to receive $11,000 in damages for each such 
     violation, whichever is greater; or
       (C) both.
       (2) Treble damages.--If the court finds that the defendant 
     willfully or knowingly violated this section or the 
     regulations prescribed under this section, the court may, in 
     its discretion, increase the amount of the award to an amount 
     equal to not more than 3 times the amount available under 
     paragraph (1) of this subsection.
       (3) Inflation adjustment.--The $11,000 amount in paragraph 
     (1)(B) shall be adjusted for inflation as if it were a civil 
     monetary penalty, as defined in section 3(2) of the Federal 
     Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 
     2461 note).
       (d) Civil Penalty.--
       (1) In general.--Any person who violates this section shall 
     be subject to a civil penalty of not more than $11,000 for 
     each violation or each day of a continuing violation, except 
     that the amount assessed for any continuing violation shall 
     not exceed a total of $11,000,000 for any single act or 
     failure to act.
       (2) Separate violations.--A violation of this section with 
     respect to the customer proprietary network information of 1 
     person shall be treated as a separate violation from a 
     violation with respect to the customer proprietary network 
     information of any other person.
       (e) Limitation.--Nothing in this Act or section 222 of the 
     Communications Act of 1934 (47 U.S.C. 222) authorizes a 
     subscriber to bring a civil action against a 
     telecommunications carrier or an IP-enabled voice service 
     provider.
       (f) Definitions.--In this section:
       (1) Customer proprietary network information.--The term 
     ``customer proprietary network information'' has the meaning 
     given that term by section 222(i)(1) of the Communications 
     Act of 1934 (47 U.S.C. 222(i)(1)).
       (2) IP-enabled voice service.--The term ``IP-enabled voice 
     service'' has the meaning given that term by section 
     222(i)(8) of the Communications Act of 1934 (47 U.S.C. 
     222(i)(8)).
       (3) Telecommunications carrier.--The term 
     ``telecommunications carrier'' has the meaning given it by 
     section 3(44) of the Communications Act of 1934 (47 U.S.C. 
     3(44)).

     SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall--
       (1) revise or supplement its regulations, to the extent the 
     Commission determines it is necessary, to require a 
     telecommunications carrier or IP-enabled voice service 
     provider--
       (A) to ensure the security and confidentiality of customer 
     proprietary network information (as defined in section 
     222(i)(1) of the Communications Act of 1934 (47 U.S.C. 
     222(i)(1))), and
       (B) to protect such customer proprietary network 
     information against threats or hazards to its security or 
     confidentiality; and
       (C) to protect customer proprietary network information 
     from unauthorized access or use that could result in 
     substantial harm or inconvenience to its customers, and
       (2) ensure that any revised or supplemental regulations are 
     similar in scope and structure to the Federal Trade 
     Commission's regulations in part 314 of title 16, Code of 
     Federal Regulations, taking into consideration the 
     differences between financial information and customer 
     proprietary network information.
       (b) Compliance Certification.--Each telecommunications 
     carrier and IP-enabled voice service provider to which the 
     regulations under subsection (a) and section 222 of the 
     Communications Act of 1934 (47 U.S.C. 222) apply shall file 
     with the Commission annually a certification that, for the 
     period covered by the filing, it has been in compliance with 
     those requirements.

     SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS 
                   TO OTHER ENTITIES.

       (a) Penalties.--Title V of the Communications Act of 1934 
     (47 U.S.C. 501 et seq.) is amended by inserting after section 
     508 the following:

     ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY 
                   NETWORK INFORMATION VIOLATIONS.

       ``(a) Civil Forfeiture.--
       ``(1) In general.--Any telecommunications carrier or IP-
     enabled voice service provider that is determined by the 
     Commission, in accordance with paragraphs (3) and (4) of 
     section 503(b), to have violated section 222 of this Act 
     shall be liable to the United States for a forfeiture 
     penalty. A forfeiture penalty under this subsection shall be 
     in addition to any other penalty provided for by this Act. 
     The amount of the forfeiture penalty determined under this 
     subsection shall not exceed $30,000 for each violation, or 3 
     times that amount for each day of a continuing violation, 
     except that the amount assessed for any continuing violation 
     shall not exceed a total of $3,000,000 for any single act or 
     failure to act.
       ``(2) Recovery.--Any forfeiture penalty determined under 
     paragraph (1) shall be recoverable pursuant to section 504(a) 
     of this Act.
       ``(3) Procedure.--No forfeiture liability shall be 
     determined under paragraph (1) against any person unless such 
     person receives the notice required by section 503(b)(3) or 
     section 503(b)(4) of this Act.
       ``(4) 2-year statute of limitations.--No forfeiture penalty 
     shall be determined or imposed against any person under 
     paragraph (1)

[[Page 2914]]

     if the violation charged occurred more than 2 years prior to 
     the date of issuance of the required notice or notice or 
     apparent liability.
       ``(b) Criminal Fine.--Any person who willfully and 
     knowingly violates section 222 of this Act shall upon 
     conviction thereof be fined not more than $30,000 for each 
     violation, or 3 times that amount for each day of a 
     continuing violation, in lieu of the fine provided by section 
     501 for such a violation. This subsection does not supersede 
     the provisions of section 501 relating to imprisonment or the 
     imposition of a penalty of both fine and imprisonment.''.
       (b) Extension of Confidentiality Requirements to IP-enabled 
     Voice Service Providers.--Section 222 of the Communications 
     Act of 1934 (47 U.S.C. 222) is amended--
       (1) by inserting ``or IP-enabled voice service provider'' 
     after ``telecommunications carrier'' each place it appears 
     except in subsections (e) and (g);
       (2) by inserting ``or IP-enabled voice service provider'' 
     after ``exchange service'' in subsection (g);
       (3) by striking ``telecommunication carriers'' each place 
     it appears in subsection (a) and inserting 
     ``telecommunications carriers or IP-enabled voice service 
     providers'';
       (4) by inserting ``or provider'' after ``carrier'' in 
     subsection (d)(2), paragraphs (1)(A) and (B) and (3)(A) and 
     (B) of subsection (i) (as redesignated),
       (5) by inserting ``or providers'' after ``carriers'' in 
     subsection (d)(2); and
       (6) by inserting ``and IP-enabled Voice Service Provider'' 
     after ``Carrier'' in the caption of subsection (c).
       (c) Definition.--Section 222(h) of the Communications Act 
     of 1934 (47 U.S.C. 222(h)) is amended by adding at the end 
     the following:
       ``(8) IP-enabled voice service.--The term `IP-enabled voice 
     service' means the provision of real-time 2-way voice 
     communications offered to the public, or such classes of 
     users as to be effectively available to the public, 
     transmitted through customer premises equipment using TCP/IP 
     protocol, or a successor protocol, for a fee (whether part of 
     a bundle of services or separately) with interconnection 
     capability such that the service can originate traffic to, or 
     terminate traffic from, the public switched telephone 
     network.''.
       (d) Telecommunications Carrier and IP-enabled Voice Service 
     Provider Notification Requirement.--Section 222 of the 
     Communications Act of 1934 (47 U.S.C. 222), is further 
     amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Notice of Violations.--The Commission shall by 
     regulation require each telecommunications carrier or IP-
     enabled voice service provider to notify a customer within 14 
     calendar days of any incident of which such 
     telecommunications carrier or IP-enabled voice service 
     provider becomes or is made aware in which customer 
     proprietary network information relating to such customer is 
     disclosed to someone other than the customer in violation of 
     this section or section 2 of the Protecting Consumer Phone 
     Records Act.''.

     SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

       (a) In General.--Except as provided in sections 6 and 7 of 
     this Act, section 2 of this Act shall be enforced by the 
     Federal Trade Commission.
       (b) Violation Treated as an Unfair or Deceptive Act or 
     Practice.--Violation of section 2 shall be treated as an 
     unfair or deceptive act or practice proscribed under a rule 
     issued under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (c) Actions by the Commission.--The Commission shall 
     prevent any person from violating this Act in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though all applicable terms and 
     provisions of the Federal Trade Commission Act (15 U.S.C. 41 
     et seq.) were incorporated into and made a part of this Act. 
     Any person that violates section 2 is subject to the 
     penalties and entitled to the privileges and immunities 
     provided in the Federal Trade Commission Act in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though all applicable terms and 
     provisions of the Federal Trade Commission Act were 
     incorporated into and made a part of this Act.

     SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS 
                   COMMISSION.

       (a) In General.--The Federal Communications Commission 
     shall have concurrent jurisdiction to enforce section 2.
       (b) Penalty; Procedure.--For purposes of enforcement of 
     that section by the Commission--
       (1) a violation of section 2 of this Act is deemed to be a 
     violation of a provision of the Communications Act of 1934 
     (47 U.S.C. 151 et seq.) rather than a violation of the 
     Federal Trade Commission Act; and
       (2) the provisions of section 509(a)(2), (3), and (4) of 
     the Communications Act of 1934 shall apply to the imposition 
     and collection of the civil penalty imposed by section 2 of 
     this Act as if it were the civil penalty imposed by section 
     509(a)(1) of that Act.

     SEC. 7. ENFORCEMENT BY STATES.

       (a) In General.--The chief legal officer of a State may 
     bring a civil action, as parens patriae, on behalf of the 
     residents of that State in an appropriate district court of 
     the United States to enforce section 2 or to impose the civil 
     penalties for violation of that section, whenever the chief 
     legal officer of the State has reason to believe that the 
     interests of the residents of the State have been or are 
     being threatened or adversely affected by a violation of this 
     Act or a regulation under this Act.
       (b) Notice.--The chief legal officer of a State shall serve 
     written notice on the Federal Trade Commission and the 
     Federal Communications Commission of any civil action under 
     subsection (a) prior to initiating such civil action. The 
     notice shall include a copy of the complaint to be filed to 
     initiate such civil action, except that if it is not feasible 
     for the State to provide such prior notice, the State shall 
     provide such notice immediately upon instituting such civil 
     action.
       (c) Authority To Intervene.--Upon receiving the notice 
     required by subsection (b), either Commission may intervene 
     in such civil action and upon intervening--
       (1) be heard on all matters arising in such civil action; 
     and
       (2) file petitions for appeal of a decision in such civil 
     action.
       (d) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this section shall 
     prevent the chief legal officer of a State from exercising 
     the powers conferred on that officer by the laws of such 
     State to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       (e) Venue; Service of Process.--
       (1) Venue.--An action brought under subsection (a) shall be 
     brought in a district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       (2) Service of process.--In an action brought under 
     subsection (a)--
       (A) process may be served without regard to the territorial 
     limits of the district or of the State in which the action is 
     instituted; and
       (B) a person who participated in an alleged violation that 
     is being litigated in the civil action may be joined in the 
     civil action without regard to the residence of the person.
       (f) Limitation on State Action While Federal Action Is 
     Pending.--If either Commission has instituted an enforcement 
     action or proceeding for violation of section 2 of this Act, 
     the chief legal officer of the State in which the violation 
     occurred may not bring an action under this section during 
     the pendency of the proceeding against any person with 
     respect to whom the Commission has instituted the proceeding.

     SEC. 8. PREEMPTION OF STATE LAW.

       (a) Preemption.--Section 2 and the regulations prescribed 
     pursuant to section 3 of this Act and section 222 of the 
     Communications Act of 1934 (47 U.S.C. 222) and the 
     regulations prescribed thereunder preempt any--
       (1) statute, regulation, or rule of any State or political 
     subdivision thereof that requires a telecommunications 
     carrier or provider of IP-enabled voice service to develop, 
     implement, or maintain procedures for protecting the 
     confidentiality of customer proprietary network information 
     (as defined in section 222(i)(1) of the Communications Act of 
     1934 (47 U.S.C. 222(i)(1))) held by that telecommunications 
     carrier or provider of IP-enabled voice service, or that 
     restricts or regulates a carrier's or provider's ability to 
     use, disclose, or permit access to such information; and
       (2) any such statute, regulation, or rule, or judicial 
     precedent of any State court under which liability is imposed 
     on a telecommunications carrier or provider of IP-enabled 
     voice service for failure to comply with any statute, 
     regulation, or rule described in paragraph (1) or with the 
     requirements of section 2 or the regulations prescribed 
     pursuant to section 3 of this Act or with section 222 of the 
     Communications Act of 1934 or the regulations prescribed 
     thereunder.
       (b) Limitation on Preemption.--This Act shall not be 
     construed to preempt the applicability of--
       (1) State laws that are not specific to the matters 
     described in subsection (a), including State contract or tort 
     law; or
       (2) other State laws to the extent those laws relate to 
     acts of fraud or computer crime.

     SEC. 9. CONSUMER OUTREACH AND EDUCATION.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Federal Trade Commission and 
     Federal Communications Commission shall jointly establish and 
     implement a media and distribution campaign to teach the 
     public about the protection afforded customer proprietary 
     network information under this Act, the Federal Trade 
     Commission Act and the Communications Act of 1934.
       (b) Campaign Requirements.--The campaign shall--
       (1) promote understanding of--
       (A) the problem concerning the theft and misuse of customer 
     proprietary network information;

[[Page 2915]]

       (B) available methods for consumers to protect their 
     customer proprietary network information; and
       (C) efforts undertaken by the Federal Trade Commission and 
     the Federal Communications Commission to prevent the problem 
     and seek redress where a breach of security involving 
     customer proprietary network information has occurred; and
       (2) explore various distribution platforms to accomplish 
     the goal set forth in paragraph (1).
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 2391. A bill to improve the security of the United States borders 
and for other purposes; to the Committee on the Judiciary.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce a 
critically important bill for our national security and our immigration 
system. My bill is called the Border Operations Reform and Development 
of Electronic Remote Surveillance Act of 2006--otherwise known as the 
BORDERS Act. Getting control over our Nation's borders is an 
indispensable part of comprehensive immigration reform.
  The Government of the United States has the obligation to protect its 
citizens and to provide for homeland security by having control of its 
international borders. Yet, as we all know, our borders with Mexico and 
Canada are broken. Recognizing the dangerous situation that this 
presents, the bipartisan 9/11 Commission strongly recommended that the 
United States get operational control of its borders.
  Because our Government has not succeeded in adequately securing our 
borders, millions of undocumented aliens have crossed into our country 
without our Government's permission. Despite our best efforts to have 
an orderly system of immigration and to control who enters the United 
States, it's simply not working.
  Comprehensive immigration reform demands that we find aggressive, 
practical, and cost-effective methods to quickly secure our borders. 
The BORDERS Act of 2006 does exactly that, building on recent reports 
by the Inspector General of the Department of Homeland Security, as 
well as the Government Accountability Office.
  Let me briefly summarize the BORDERS Act of 2006 and explain why this 
bill is so important to our national security.
  First, and most importantly, this bill requires the Department of 
Homeland Security to implement state-of-the-art surveillance technology 
programs to build an integrated ``virtual fence'' at our borders. These 
programs would use unmanned aerial vehicles--like the type already used 
by our military in combat zones--to monitor remote border locations.
  These surveillance programs also would use a host of other 
technologies--like cameras, sensors, satellites, and radar--to patrol 
every inch of our United States borders. Right now, our Government has 
the capability to use these technologies and has tried to build a 
virtual fence. But the one major problem is that the current 
surveillance program uses components that are not fully integrated and 
automated.
  For example, as the Inspector General of the Department of Homeland 
Security recently recommended, a virtual fence must use sensors that 
automatically activate a corresponding camera to focus itself on the 
direction of the triggered sensor. If someone if sneaking across our 
border and trips a sensor, I want the closest camera to automatically 
focus on the person sneaking in. And then I want the camera to send 
images to multiple border personnel at different locations, who can 
immediately dispatch the closest Border Patrol agents to capture the 
person. That's what my bill does: provides for an integrated, automated 
virtual fence that will allow our Border Patrol agents to apprehend 
anyone trying to sneak into the United States.
  The BORDERS Act also requires the Department of Homeland Security to 
greatly increase its detention facilities. Right now, the border patrol 
is sometimes able to capture illegal aliens sneaking into the country, 
but we simply lack enough facilities to detain them. In some border 
areas, up to 90 percent of captured aliens are released, and only 10 
percent of them show up for their immigration court hearing. Does that 
make sense?
  If our Government cannot detain illegal aliens who are caught, we 
lose our ability to make them report to their immigration proceedings. 
We never hear from them again. Thus, this bill instructs the Department 
of Homeland Security to increase its detention space by 20,000 beds for 
the next 5 years. The bill also instructs the Department to devise 
other ways to monitor illegal aliens who are captured, such as using 
ankle bracelets that can remotely track aliens.
  Moreover, the BORDERS Act recognizes that our Government simply lacks 
the personnel manpower to effectively enforce our immigration laws and 
secure our borders. Therefore, the bill authorizes the addition of 
thousands of critical Federal jobs, ranging from Border Patrol agents 
to investigators to detention officers. And the bill requires that 
these personnel receive crucial training in matters like detecting 
fraudulent documents.
  Another important section of this bill recognizes that in order for 
our detention mechanisms to function effectively, we need uniform 
detention standards. The BORDERS Act requires the Department of 
Homeland Security to implement standard operating rules so that costs 
are minimized and all detained aliens are treated fairly and humanely. 
I want to note that this bill contains a section specifically designed 
to ensure that detained alien children are treated properly while in 
U.S. custody. Children are the most vulnerable of illegal aliens, and 
especially when they are separated from their parents, we must ensure 
their safety.
  Finally, the BORDERS Act of 2006 authorizes the Federal Government to 
reimburse States that incur the financial burden of detaining illegal 
aliens. It is unfair of us to expect the States to shoulder this huge 
cost by themselves.
  Again, let me stress that border security is just one aspect of 
comprehensive immigration reform. I also will support legislation to 
address the status of undocumented aliens currently in the United 
States, if--and only if--such legislation is fair, humane, and 
recognizes the role that undocumented workers currently play in our 
nation's economy.
  But border security is a policy area that should find wide 
agreement--across both parties. By setting up a cutting-edge, 
integrated ``virtual fence,'' and by building more detention centers, I 
believe that the United States can take a giant step forward in its 
quest to get control of our borders. In this post-9/11 world, our 
national security simply demands it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2391

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Border 
     Operations Reform and Development of Electronic Remote 
     Surveillance Act of 2006'' or as the ``BORDERS Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Surveillance technologies programs.
Sec. 5. Secure communication.
Sec. 6. Expansion of detention capacity.
Sec. 7. Detention standards.
Sec. 8. Personnel of the Department of Homeland Security.
Sec. 9. Personnel of the Department of Justice and other attorneys.
Sec. 10. State Criminal Alien Assistance Program authorization of 
              appropriations.
Sec. 11. Reimbursement of States for indirect costs relating to the 
              incarceration of illegal aliens.
Sec. 12. Reimbursement of States for preconviction costs relating to 
              the incarceration of illegal aliens.
Sec. 13. Criminal gang activity.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The Government of the United States has the duty to 
     protect its citizens and to provide for homeland security by 
     securing its international borders.

[[Page 2916]]

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. SURVEILLANCE TECHNOLOGIES PROGRAMS.

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

     SEC. 5. SECURE COMMUNICATION.

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

[[Page 2917]]



     SEC. 6. EXPANSION OF DETENTION CAPACITY.

       (a) Increasing Detention Bed Space.--Section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) is amended by striking 
     ``8,000'' and inserting ``20,000''.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a).
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (c) Secure Alternatives to Detention to Ensure Compliance 
     With the Law.--The Secretary shall implement demonstration 
     programs in each State located along the international border 
     between the United States and Canada or along the 
     international border between the United States and Mexico, 
     and at select sites in the interior with significant numbers 
     of alien detainees, to study the effectiveness of 
     alternatives to the detention of aliens, including electronic 
     monitoring devices, to ensure that such aliens appear in 
     immigration court proceedings and comply with immigration 
     appointments and removal orders.
       (d) Legal Representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (e) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 7. DETENTION STANDARDS.

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

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

       (a) Customs and Border Protection Officers.--During each of 
     the fiscal years 2007 through 2011, the Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, increase by not less than 1,500 the number of 
     positions for full-time active duty officers of the Bureau of 
     Customs and Border Protection of the Department for such 
     fiscal year.
       (b) Border Patrol Agents.--During each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 4,000 the number of border patrol agents for 
     such fiscal year.
       (c) Immigration and Customs Enforcement Investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1600''.
       (d) Detention and Removal Officers.--During each of the 
     fiscal years 2007 through 2011, the Secretary shall, subject 
     to the availability of appropriations for such purposes, 
     designate a Detention and Removal officer to be placed in 
     each Department field office whose sole responsibility will 
     be to ensure safety and security at a detention facility and 
     that each detention facility compliance with the standards 
     and regulations set forth in section 7.
       (e) Investigative Personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subsection 
     (c), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations for such purpose, increase by not less than 
     200 the number of positions for investigative personnel 
     within the Department to investigate alien smuggling and 
     immigration status violations for such fiscal year.
       (f) Legal Personnel.--During each of the fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 200 the number of positions for attorneys in 
     the Office of General Counsel of the Department who represent 
     the Department in immigration matters for such fiscal year.
       (g) Directorate of Policy.--The Secretary shall in 
     consultation, with the Director of Policy of the Directorate 
     of Policy, add at least 3 additional positions at the 
     Directorate of Policy that--
       (1) shall be a position at GS-15 of the General Schedule;
       (2) are solely responsible for formulating and executing 
     the policy and regulations pertaining to vulnerable detained 
     populations including unaccompanied alien children, victims 
     of torture, trafficking or other serious harms, the elderly, 
     the mentally disabled, and the infirm; and
       (3) require background and expertise working directly with 
     such vulnerable populations.
       (h) Training.--The Secretary shall provide appropriate 
     training for the agents, officers, inspectors, and associated 
     support staff of the Department on an ongoing basis to 
     utilize new technologies and techniques, to identify and 
     detect fraudulent travel documents, and to ensure that the 
     proficiency levels of such personnel are acceptable to 
     protect the international borders of the United States. 
     Training to detect fraudulent travel documents shall be 
     developed in consultation with the Forensic Document 
     Laboratory of Immigration and Customs Enforcement.
       (i) Enhanced Protections for Vulnerable Unaccompanied Alien 
     Children.--
       (1) Mandatory training.--The Secretary shall mandate the 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, and procedures pertaining to this 
     vulnerable population in consultation with the head of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and independent child welfare experts.
       (2) Delegation to the office of refugee resettlement.--
     Notwithstanding any other provision of law, the Secretary 
     shall delegate the authority and responsibility granted to 
     the Secretary by the Homeland Security Act of 2002 (Public 
     Law 107-296; 116 Stat. 2135) for transporting unaccompanied 
     alien children who will undergo removal proceedings from 
     Department custody to the custody and care of the Office of 
     Refugee Resettlement and provide sufficient reimbursement to 
     the head of such Office to undertake this critical function. 
     The Secretary shall immediately notify such Office of an 
     unaccompanied alien child in the custody of the Department 
     and ensure that the child is transferred to the custody of 
     such Office as soon as practicable, but not later than 72 
     hours after the child is taken into the custody of the 
     Department.
       (3) Other policies and procedures.--The Secretary shall 
     further adopt important policies and procedures--
       (A) for reliable age-determinations of children which 
     exclude the use of fallible forensic testing of children's 
     bones and teeth in consultation with medical and child 
     welfare experts;
       (B) to ensure the privacy and confidentiality of 
     unaccompanied alien children's records, including 
     psychological and medical reports, so that the information is 
     not used adversely against the child in removal proceedings 
     or for any other immigration action; and
       (C) in close consultation with the Secretary of State and 
     the head of the Office of Refugee Resettlement, to ensure the 
     safe and secure repatriation of unaccompanied alien children 
     to their home countries including

[[Page 2918]]

     through arranging placements of children with their families 
     or other sponsoring agencies and to utilize all legal 
     authorities to defer the child's removal if the child faces a 
     clear risk of life-threatening harm upon return.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2007 through 2011, such sums as may be necessary to carry out 
     this section, including the hiring of necessary support 
     staff.

     SEC. 9. PERSONNEL OF THE DEPARTMENT OF JUSTICE AND OTHER 
                   ATTORNEYS.

       (a) Litigation Attorneys.--During each of the fiscal years 
     2007 through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of positions for attorneys in the 
     Office of Immigration Litigation of the Department of Justice 
     for such fiscal year.
       (b) United States Attorneys.--During each of the fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations for such purpose, 
     increase by not less than 50 the number of United States 
     Attorneys to litigate immigration cases in the Federal courts 
     for such fiscal year.
       (c) United States Marshals.--During each of the fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations for such purpose, 
     increase by not less than 200 the number of Deputy United 
     States Marshals to investigate criminal immigration matters.
       (d) Immigration Judges.--During each of fiscal years 2007 
     through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of immigration judges for such 
     fiscal year.
       (e) Defense Attorneys.--During each of the fiscal years 
     2007 through 2011, the Director of the Administrative Office 
     of the United States Courts shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 200 the number of attorneys in the Federal 
     Defenders Program for such fiscal year. The Attorney General 
     shall also take all necessary and reasonable steps to ensure 
     that alien detainees receive appropriate pro bono 
     representation in immigration matters.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General for each of fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section, including the hiring of necessary 
     support staff.

     SEC. 10. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
                   AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

     SEC. 13. CRIMINAL GANG ACTIVITY.

       Section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended by adding at the end the 
     following:
       ``(J) Criminal gang activity.--
       ``(i) In general.--Any alien who a consular officer or the 
     Attorney General knows, or has reasonable grounds to believe, 
     seeks to enter the United States to engage, solely, 
     principally, or incidentally in a criminal street gang 
     located in the United States is inadmissible.
       ``(ii) Definition.--In this subparagraph, the term 
     `criminal street gang' means an ongoing group, club, 
     organization, or association of 5 or more individuals that 
     commits a violation of Federal or State law that is 
     punishable by imprisonment of 1 year or more.''.
                                 ______
                                 
      By Mrs. BOXER:
  S. 2392. A bill to promote the empowerment of women in Afghanistan; 
to the Committee on Foreign Relations.
  Mrs. BOXER. Mr. President, I am pleased to introduce legislation 
today--as we celebrate international Women's Day--to strengthen and 
empower the women and girls of Afghanistan.
  International Women's Day is an event celebrated world-wide to 
inspire women to achieve their full potential. But in so many places 
around the world, women continue to suffer from persecution and abuse, 
and many lack resources to become fully integrated and equal members of 
society. Despite international intervention, Afghanistan is one such 
example. More than four years after the invasion of Afghanistan and the 
fall of the Taliban government, the women of Afghanistan still face 
significant hurdles as they seek to realize their full potential.
  The maternal death rate for Afghan women remains tragically high--
with an estimated 1,600 deaths for every 100,000 live births. The 
illiteracy rate for women continues to hover around 80 percent.
  And perhaps most troubling, the security situation for women is 
getting worse--threatening to slow or even reverse the gains that 
Afghan women have made over the past four years.
  Lieutenant General Michael D. Maples, director of the Defense 
Intelligence Agency, recently testified that violence by the Taliban 
and other insurgents in Afghanistan in 2005 increased by 20 percent 
2004 levels, specifically noting that the insurgency in Afghanistan 
``appears emboldened.''
  Women and girls have felt the impact particularly hard. In recent 
months, attacks against schools in Afghanistan that educate girls have 
increased substantially. According to media reports, teachers and 
principals are being threatened and killed--the headmaster at a coed 
school was even beheaded in January--and eight schools have been burned 
in the Kandahar province during the current school year alone.
  Just today, the President of Afghanistan, Hamid Karzai admitted that 
Afghan women and girls have much to overcome. ``We have achieved 
successes in various dimensions during the past four years,'' Karzai 
said. ``But this journey has not ended . . . women especially are being 
oppressed, there are still women and young girls who are being married 
to settle disputes in Afghanistan, young girls are married against 
their will.''
  The legislation I am introducing today, the Afghan Women Empowerment 
Act of 2006, will provide resources where they are needed most in 
Afghanistan--to Afghan women-led nongovernmental organizations, 
empowering those who will continue to provide for the needs of the 
Afghan people long after the international community has left.
  The legislation will provide $30 million to these women-led NGOs to 
specifically focus on providing direct services to Afghan women such as 
adult literacy education, technical and vocational training, and health 
care services, including mental health treatment. It also provides 
assistance to especially vulnerable populations, including widows and 
orphans.
  In addition, the Afghan Women Empowerment Act authorizes the 
President to appropriate $5 million to the Afghan Ministry of Women's 
Affairs and $10 million to the Afghan Independent Human Rights 
Commission--

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two vitally important entities dedicated to advancing the cause of 
women and human rights within Afghanistan.
  I urge my colleagues to support this important legislation.

                          ____________________