`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1916 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1916

  To strengthen national security and United States borders, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2005

   Mr. Hagel introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To strengthen national security and United States borders, and for 
                            other purposes.

    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 ``Strengthening 
America's Security Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Border enforcement studies.
Sec. 3. Necessary assets for controlling United States borders.
Sec. 4. Document fraud detection.
Sec. 5. Report.
Sec. 6. Biometric entry-exit system.
Sec. 7. Expedited removal between ports of entry.
Sec. 8. Cancellation of visas.
Sec. 9. Release of aliens from noncontiguous countries.
Sec. 10. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 11. Detention space and removal capacity.
Sec. 12. Increased criminal penalties for alien smuggling, document 
                            fraud, gang violence, and drug trafficking.
Sec. 13. Removal of aliens.
Sec. 14. Additional immigration personnel.
Sec. 15. Automated alien records.
Sec. 16. Increase of Federal detention space.
Sec. 17. State Criminal Alien Assistance Program.
Sec. 18. Construction.
Sec. 19. State defined.

SEC. 2. BORDER ENFORCEMENT STUDIES.

    (a) Subterranean Entry.--
            (1) Study.--The Secretary of Homeland Security and the head 
        of the United States Army Corps of Engineers shall carry out a 
        joint study on methods to prevent aliens from illegally 
        entering the United States through subterranean tunnels along 
        the international border between the United States and Mexico 
        and the cost, utility, and effectiveness of employing such 
        methods for border security.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security and 
        the head of the United States Army Corps of Engineers shall 
        submit to Congress the results of the study required by 
        paragraph (1).
    (b) Barriers for Land Crossings.--
            (1) Study.--The Secretary of Homeland Security shall carry 
        out a study of the feasibility and effectiveness of completing 
        primary and secondary fences along the international border 
        between the United States and Mexico and the cost and utility 
        of employing such fences for border security.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to Congress the results of the study required by 
        paragraph (1).

SEC. 3. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

    (a) Personnel.--
            (1) Customs and border protection officers.--In each of the 
        fiscal years 2006 through 2010, the Secretary of Homeland 
        Security shall increase by not less than 250 the number of 
        positions for full-time active duty Customs and Border 
        Protection officers.
            (2) Authorization of appropriations.--
                    (A) Customs and border protection officers.--There 
                are authorized to be appropriated such sums as may be 
                necessary for each of fiscal years 2006 through 2010 to 
                carry out paragraph (1).
                    (B) Border patrol agents.--There are authorized to 
                be appropriated such sums as may be necessary for each 
                of fiscal years 2006 through 2010 to carry out section 
                5202 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (118 Stat. 3734).
                    (C) Transportation of aliens.--There are authorized 
                to be appropriated such sums as may be necessary for 
                each of fiscal years 2006 through 2010 for the 
                transportation of aliens.
    (b) Technological Assets.--
            (1) Acquisition.--The Secretary of Homeland Security shall 
        procure unmanned aerial vehicles, cameras, poles, sensors, and 
        other technologies necessary to achieve operational control of 
        the borders of the United States.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary for each of 
        fiscal years 2006 through 2010 to carry out paragraph (1).
    (c) Infrastructure.--
            (1) Construction of border control facilities.--The 
        Secretary of Homeland Security shall construct all-weather 
        roads and shall acquire vehicle barriers and necessary 
        facilities to support its mission of achieving operational 
        control of the borders of the United States.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary for each of 
        fiscal years 2006 through 2010 to carry out paragraph (1).
    (d) Border Patrol Checkpoints.--Temporary or permanent checkpoints 
may be maintained on roadways in border patrol sectors within 100 miles 
of the border between the United States and Mexico.

SEC. 4. DOCUMENT FRAUD DETECTION.

    (a) Training.--The Secretary of Homeland Security shall provide all 
customs and border protection officers with training in identifying and 
detecting fraudulent travel documents. Such training shall be developed 
in consultation with the Forensic Document Laboratory of Immigration 
and Customs Enforcement.
    (b) Forensic Document Laboratory.--The Secretary of Homeland 
Security shall provide all customs and border protection officers with 
access to the Forensic Document Laboratory.
    (c) Report and Assessment.--
            (1) Report.--Not later than 1 year after the effective date 
        of this Act, and annually through 2010, the Secretary of 
        Homeland Security shall submit a report to the Office of the 
        Inspector General regarding the accuracy and reliability of the 
        Forensic Document Laboratory in identifying and detecting 
        fraudulent documents.
            (2) Assessment.--The Office of Inspector General shall 
        conduct an independent assessment of the accuracy and 
        reliability of the Forensic Document Library and submit a 
        report to Congress on the results of such assessment.
    (d) Right to Appellate Review.--
            (1) Establishment of appellate review board.--There is 
        established, within Immigration and Customs Enforcement 
        Identity and Benefits Fraud Branch of the Department of 
        Homeland Security, the Fraud Appellate Review Board, which 
        shall be authorized to review determinations by the Forensic 
        Document Laboratory that a certain document is fraudulent.
            (2) Right to appeal.--Any alien against whom a negative 
        determination is made by the Forensic Document Laboratory 
        regarding the authenticity of a document may appeal such 
        determination to the Fraud Appellate Review Board for an 
        independent determination of the findings of the Forensic 
        Document Laboratory.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2006 through 2010 to carry out this section.

SEC. 5. REPORT.

    Not later than October 26, 2007, the Secretary of Homeland Security 
shall submit a report to Congress that describes--
            (1) the documents that need to be machine-readable and 
        tamper-resistant and incorporate biometric identifiers;
            (2) how documents described in paragraph (1) will meet 
        those standards;
            (3) the locations at which the Department of Homeland 
        Security will install document readers;
            (4) the estimated costs for creating such documents and 
        installing such readers; and
            (5) realistic deadlines for issuing machine-readable, 
        tamper-resistant documents that incorporate biometric documents 
        and installing document readers.

SEC. 6. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Grounds of Inadmissibility.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(7), by adding at the end the 
        following:
                    ``(C) Withholders of biometric data.--Any alien who 
                knowingly fails to comply with a lawful request for 
                biometric data under section 215(c) or 235(d) is 
                inadmissible.''; and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
    ``(2) The Secretary of Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to an alien described in 
subparagraph (C) subsection (a)(7) and may waive the application of 
such subparagraph, for an individual alien or a class of aliens, at the 
discretion of the Secretary.''.
    (b) Collection of Biometric Data From Aliens Departing the United 
States.--Section 215 of the Immigration and Nationality Act (8 U.S.C. 
1185) is amended--
            (1) by redesignating subsection (c) as subsection (g); and
            (2) by inserting after subsection (b) the following:
    ``(c) The Secretary of Homeland Security is authorized to require 
aliens departing the United States to provide biometric data and other 
information relating to their immigration status.''.
    (c) Inspection of Applicants for Admission.--Section 235(d) of the 
Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding 
at the end the following:
            ``(5) Authority to collect biometric data.--In conducting 
        inspections under subsection (b), immigration officers are 
        authorized to collect biometric data from--
                    ``(A) any applicant for admission or alien seeking 
                to transit through the United States; or
                    ``(B) any lawful permanent resident who is entering 
                the United States, but is not regarded as seeking 
                admission under section 101(a)(13)(C).''.
    (d) Collection of Biometric Data From Alien Crewman.--Section 252 
of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by 
inserting ``Immigration officers are authorized to collect biometric 
data from any alien crewman seeking permission to land temporarily in 
the United States.'' after ``this title.''.
    (e) Implementation.--Section 7208(l) of the 9/11 Commission 
Implementation Act of 2004 (8 U.S.C. 1365b(l)) is amended--
            (1) by striking ``There are authorized'' and inserting the 
        following:
            ``(1) In general.--There are authorized''; and
            (2) by adding at the end the following:
            ``(2) Implementation at all land border ports of entry.--
        There are authorized to be appropriated such sums as may be 
        necessary for each of fiscal years 2006 and 2007 to implement 
        the automated biometric entry and exit data system at all land 
        border ports of entry.''.

SEC. 7. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended--
            (1) in subsection (b)(1)(A)(i), by striking ``the officer'' 
        and inserting ``a supervisory officer''; and
            (2) in subsection (c), by adding at the end the following:
            ``(4) Expansion.--The Secretary of Homeland Security shall 
        make the expedited removal procedures under this subsection 
        available in all border patrol sectors on the southern border 
        of the United States as soon as operationally possible.
            ``(5) National security certification.--No alien shall be 
        expeditiously removed until the appropriate Director of Field 
        Operations has certified in writing that expeditious removal of 
        the alien will pose no security risk to the United States.
            ``(6) Training.--The Secretary of Homeland Security shall 
        provide employees of the Department of Homeland Security with 
        comprehensive training of the procedures authorized under this 
        subsection.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out the amendments made by this section.

SEC. 8. CANCELLATION OF VISAS.

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

SEC. 9. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

    (a) Minimum Bond.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
            (1) by striking ``on'';
            (2) in subparagraph (A)--
                    (A) by inserting ``except as provided under 
                subparagraph (B), upon the giving of a''; and
                    (B) by striking ``or'' at the end;
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) if the alien is a national of a noncontiguous 
                country, has not been admitted or paroled into the 
                United States, and was apprehended within 2 years of 
                admission and within 100 miles of the international 
                border of the United States or presents a flight risk, 
                as determined by the Secretary of Homeland Security, 
                upon the giving of a bond of at least $5,000 with 
                security approved by, and containing conditions 
                prescribed by, the Secretary of Homeland Security or 
                the Attorney General, and subject to review before the 
                Executive Office of Immigration Review; or''.
    (b) Report.--Not later than 2 years after the effective date of 
this Act, the Secretary of Homeland Security shall submit a report to 
Congress on the number of aliens from noncontiguous countries who are 
apprehended between land border ports of entry.

SEC. 10. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

    (a) Grants Authorized.--The Secretary of Homeland Security may 
award grants to Indian tribes with lands adjacent to an international 
border of the United States that have been adversely affected by 
illegal immigration.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
for--
            (1) law enforcement activities;
            (2) health care services;
            (3) environmental restoration; and
            (4) the preservation of cultural resources.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit a report to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that--
            (1) describes the level of access of Border Patrol agents 
        on tribal lands;
            (2) describes the extent to which enforcement of 
        immigration laws may be improved by enhanced access to tribal 
        lands;
            (3) contains a strategy for improving such access through 
        cooperation with tribal authorities; and
            (4) identifies grants provided by the Department of 
        Homeland Security for Indian tribes, either directly or through 
        State or local grants, relating to border security expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.

SEC. 11. DETENTION SPACE AND REMOVAL CAPACITY.

    (a) In General.--Section 5204 of the Intelligence Reform and 
Terrorism Protection Act of 2004 (118 Stat. 3734) is amended--
            (1) in subsection (a), by striking ``8,000'' and inserting 
        ``10,000''; and
            (2) by adding at the end the following:
    ``(c) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2006 through 2010 to carry out subsection (a).''.
    (b) Legal Representation.--No person shall be detained by the 
Department of Homeland Security in a location that limits the person's 
reasonable access to legal counsel. Upon active or constructive notice 
that a person is represented by an attorney, that person shall not be 
moved without providing the attorney reasonable notice in advance of 
such move.

SEC. 12. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT 
              FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.

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