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SECTION 1. FINDINGS.

Congress finds the following:
(1) The United States must have adequate infrastructure and
policies in place under the Department of Homeland Security to
protect against potential terrorists attempting to enter the
United States along the Southwest Border.
(2) According to top government officials, several Al Qaeda
leaders believe operatives can pay their way into the country
through Mexico and also believe illegal entry is more
advantageous than legal entry for operational security reasons.
(3) Official border patrol records reveal a disturbing
trend on the southern border indicating a growth in other than
Mexicans (OTMs), many from countries of interest, crossing into
the United States--between 2003 and 2004 the increase was at
least 35 percent.
(4) Because of budget constraints, the U.S. Immigration and
Customs Enforcement Office of Detention and Removal does not
have sufficient bed space to detain all illegal immigrants from
special interest countries therefore releasing them on personal
recognizance.
(5) The Department of Homeland Security estimates that up
to 90 percent of these immigrants do not appear for their
immigration hearings.
(6) The Department of Homeland Security needs more
personnel at the borders with the necessary security clearances
and equipment to adequately screen and detain immigrants coming
to the United States.
(7) The Secretary of Homeland Security should provide
appropriate training for inspectors, and associated support
staff, on an ongoing basis to utilize new technologies and to
ensure that the proficiency levels of such personnel are
acceptable to protect the borders of the United States.

SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS ALONG THE UNITED
STATES-MEXICO BORDER AND INCREASE IN DETENTION BEDS.

(a) Improvement in Security Clearance Process.--The Secretary of
Homeland Security shall--
(1) expeditiously implement policies ensuring that
personnel of the Department of Homeland Security along the
United States-Mexico border have the security clearances
required to access information necessary to adequately screen
immigrants entering the United States at such border, including
IDENT and IAFIS databases and databases used by the
Department's inspectors in secondary inspections;
(2) develop the interagency agreements and information
technology infrastructure necessary for border agents to
adequately screen immigrants entering the United States at such
border; and
(3) explore information sharing programs with countries of
interest to adequately screen immigrants entering our borders.
(b) Increase in Detention Beds.--Subject to the availability of
appropriations, the Secretary of Homeland Security shall increase by
the amount necessary the number of detention beds needed to detain all
immigrants apprehended by U.S. Customs and Border Protection.
(c) Sense of Congress.--It is the sense of the Congress that the
Office of Detention and Removal Operation should be placed under the
operational control of the Commissioner of U.S. Customs and Border
Protection, since the largest client of such office is the Border
Patrol.

SEC. 3. STUDY OF PERSONNEL LEVELS.

(a) In General.--The Secretary of Homeland Security shall contract
with an independent entity to undertake a study to determine the
necessary level and allocation of personnel, including support staff,
at United States ports of entry and border patrol sectors.
(b) Items to Be Included.--Such study shall take into account at
least the following:
(1) The overall mission of U.S. Customs and Border
Protection.
(2) Threat and vulnerability information pertaining to the
Nation's borders and ports of entry
(3) The impact of new border security programs, policies
and technologies, and the level of cross-training received by
all staff.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees, as defined in section 2(2) of the Homeland
Security Act of 2002 (6 U.S.C. 101(2)), a report on the study conducted
under this section.

SEC. 4. ONGOING TRAINING OF BORDER SECURITY PERSONNEL.

The Secretary of Homeland Security shall provide appropriate
training for all border security personnel, and associated support
staff on an ongoing basis to utilize new technologies and to ensure
that the proficiency levels of such personnel are acceptable to protect
the borders of the United States.

SEC. 5. PROMPT AND PROPER ENFORCEMENT.

(a) Sense of Congress.--It is the sense of the Congress that--
(1) prosecutors and immigration judges are critical for the
prompt and proper enforcement of our immigration laws, and are
an important part of a comprehensive strategy; and
(2) an insufficient number of prosecutors and immigration
judges currently exists to enforce the immigration laws of the
United States.
(b) Authorization.--There are hereby authorized to be appropriated
amounts necessary to provide for appropriate staff increases for
judicial and prosecutorial offices, commensurate with other personnel
increases directed in this Act.

SEC. 6. REPORT ON DETENTION AND REMOVAL OPERATIONS.

(a) In General.--The Secretary of Homeland Security shall submit to
the appropriate congressional committees (as defined in section 2(2) of
the Homeland Security Act of 2002 (6 U.S.C. 101(2))) a report on
detention and removal operations, detailing the amount of additional
detention space and resources required to detain all persons presenting
a possible threat to homeland security.
(b) Information to Be Included.--The report shall include
information on--
(1) alternatives to detention, including electronic
monitoring, telephone, and voice recognition programs for those
on bond, and conducting deportation proceedings prior to
prisoners' release from Federal, State, and local prisons; and
(2) countries to which removal is problematic.

SEC. 7. COMPREHENSIVE BORDER SECURITY STRATEGY.

The Secretary of Homeland Security, in consultation with the heads
of all other Federal agencies with border-related functions or with
facilities or lands on or along the border, shall submit to the
appropriate congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)) unclassified and
classified versions of a unified, comprehensive strategy to secure the
land borders of the United States. Such strategy shall be submitted not
later than 6 months after the date of the enactment of this Act and
shall include a description of the actions already taken to implement
the strategy.
Requires the Secretary of Homeland Security to: (1) ensure that Department of Homeland Security personnel along the U.S.-Mexico border have the security clearances required to access information to adequately screen entering immigrants; (2) develop the interagency agreements and information technology infrastructure necessary for such screening; (3) explore information sharing programs with countries of interest; and (4) increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection (CBP).

Expresses the sense of Congress that the Office of Detention and Removal Operations should be placed under the operational control of the Commissioner of CBP (currently, under U.S. Immigration and Customs Enforcement).

Requires the Secretary to: (1) contract with an independent entity to study the necessary level and allocation of personnel at U.S. ports of entry and border patrol sectors; (2) provide ongoing training for all border security personnel; and (3) submit a report on detention and removal operations and a unified, comprehensive border security strategy to appropriate congressional committees.

Expresses the sense of Congress that: (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of immigration laws and are an important part of a comprehensive strategy; and (2) there is an insufficient number of prosecutors and immigration judges for immigration enforcement. Authorizes appropriations for staff increases.

SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL
FOREST, CALIFORNIA.

(a) Conveyance Required.--Subject to valid existing rights and
settlement of claims as provided in this section, the Secretary of
Agriculture shall convey to KATY 101.3 FM (in this section referred to
as ''KATY'') all right, title and interest of the United States in and
to a parcel of real property consisting of approximately 1.06 acres
within the San Bernardino National Forest in Riverside County,
California, generally located in the north /2\ of section 23,
township 5 south, range 2 east, San Bernardino meridian.
(b) Legal Description.--The Secretary and KATY shall, by mutual
agreement, prepare the legal description of the parcel of real property
to be conveyed under subsection (a), which is generally depicted as
Exhibit A-2 in an appraisal report of the subject parcel dated August
26, 1999, by Paul H. Meiling.
(c) Consideration.--Consideration for the conveyance under
subsection (a) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Any appraisal to determine the
fair market value of the parcel shall be prepared in conformity with
the Uniform Appraisal Standards for Federal Land Acquisition and
approved by the Secretary.
(d) Settlement.--In addition to the consideration referred to in
subsection (c), upon the receipt of $16,600 paid by KATY to the
Secretary, the Secretary shall release KATY from any and all claims of
the United States arising from the occupancy and use of the San
Bernardino National Forest by KATY for communication site purposes.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real property to be
conveyed under subsection (a).
(f) Administrative Costs.--Any costs associated with the creation
of a subdivided parcel, recordation of a survey, zoning, and planning
approval, and similar expenses with respect to the conveyance under
this section, shall be borne by KATY.
(g) Assumption of Liability.--By acceptance of the conveyance of
the parcel of real property referred to in subsection (a), KATY, and
its successors and assigns will indemnify and hold harmless the United
States for any and all liability to General Telephone and Electronics
Corporation (also known as ''GTE'') KATY, and any third party that is
associated with the parcel, including liability for any buildings or
personal property on the parcel belonging to GTE and any other third
parties.
(h) Treatment of Receipts.--All funds received pursuant to this
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds
shall remain available to the Secretary, until expended, for the
acquisition of lands, waters, and interests in land for the inclusion
in the San Bernardino National Forest.
(i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat.
227), is further amended--
(1) by striking the comma after the words ''Secretary of
Agriculture'';
(2) by striking the words ''with the approval of the National
Forest Reservation Commission established by section 4 of the Act
of March 1, 1911 (16 U.S.C. 513),'';
(3) by inserting the words '', real property or interests in
lands,'' after the word ''lands'' the first time it is used;
(4) by striking ''San Bernardino and Cleveland'' and inserting
''San Bernardino, Cleveland and Los Angeles'';
(5) by striking ''county of Riverside'' each place it appears
and inserting ''counties of Riverside and San Bernardino'';
(6) by striking ''as to minimize soil erosion and flood
damage'' and inserting ''for National Forest System purposes''; and
(7) after the ''Provided further, That'', by striking the
remainder of the sentence to the end of the paragraph, and
inserting ''twelve and one-half percent of the monies otherwise
payable to the State of California for the benefit of San
Bernardino County under the aforementioned Act of March 1, 1911 (16
U.S.C. 500) shall be available to be appropriated for expenditure
in furtherance of this Act.''.

SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT
CLARIFYING AMENDMENTS.

The Santa Rosa and San Jacinto Mountains National Monument Act of
2000 is amended as follows:
(1) In the second sentence of section 2(d)(1), by striking
''and the Committee on Agriculture, Nutrition, and Forestry''.
(2) In the second sentence of section 4(a)(3), by striking
''Nothing in this section'' and inserting ''Nothing in this Act''.
(3) In section 4(c)(1), by striking ''any person, including''.
(4) In section 5, by adding at the end the following:
''(j) Wilderness Protection.--Nothing in this Act alters the
management of any areas designated as Wilderness which are within the
boundaries of the National Monument. All such areas shall remain
subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws
designating such areas as Wilderness, and other applicable laws. If any
part of this Act conflicts with any provision of those laws with
respect to the management of the Wilderness areas, such provision shall
control.''.

SEC. 3. TECHNICAL CORRECTION.

The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended
by adding at the end:

''SEC. 7. MISCELLANEOUS PROVISIONS.

''(a) Exchange of Certain Lands with New Mexico.--
''(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall acquire by exchange the
State of New Mexico trust lands located in township 16 north, range
4 east, section 2, and all interests therein, including
improvements, mineral rights and water rights.
''(2) Use of other lands.--In acquiring lands by exchange under
paragraph (1), the Secretary may utilize unappropriated public
lands within the State of New Mexico.
''(3) Value of lands.--The lands exchanged under this
subsection shall be of approximately equal value, and the Secretary
may credit or debit the ledger account established in the
Memorandum of Understanding between the Bureau of Land Management,
the New Mexico State Land Office, and the New Mexico Commissioner
of Public Lands, in order to equalize the values of the lands
exchanged.
''(4) Conveyance.--
''(A) By secretary.--Upon the acquisition of lands under
paragraph (1), the Secretary shall convey all title and
interest to such lands to the Pueblo by sale, exchange or
otherwise, and the Pueblo shall have the exclusive right to
acquire such lands.
''(B) By pueblo.--Upon the acquisition of lands under
subparagraph (A), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
''(b) Other Exchanges of Land.--
''(1) In general.--In order to further the purposes of this
Act--
''(A) the Pueblo may enter into agreements to exchange
restricted lands for lands described in paragraph (2); and
''(B) any land exchange agreements between the Pueblo and
any of the parties to the action referred to in paragraph (2)
that are executed not later than December 31, 2001, shall be
deemed to be approved.
''(2) Lands.--The land described in this paragraph is the land,
title to which was at issue in Pueblo of Santo Domingo v. Rael
(Civil No. 83-1888 (D.N.M.)).
''(3) Land to be held in trust.--Upon the acquisition of lands
under paragraph (1), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
''(4) Rule of construction.--Nothing in this subsection shall
be construed to limit the provisions of section 5(a) relating to
the extinguishment of the land claims of the Pueblo.
''(c) Approval of Certain Resolutions.--All agreements,
transactions, and conveyances authorized by Resolutions 97-010 and C22-
99 as enacted by the Tribal Council of the Pueblo de Cochiti, and
Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo
of Santo Domingo, pertaining to boundary disputes between the Pueblo de
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including
the Pueblo de Cochiti's agreement to relinquish its claim to the
southwest corner of its Spanish Land Grant, to the extent that such
land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any
right to receive compensation from the United States or any other party
with respect to such overlapping lands.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.
(Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians).
(Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights.
Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands.
Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001.
Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Energy Efficiency and Conservation
Incentives Act of 2001''.

SEC. 2. ALLOWANCE OF DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES
AND RETROFITTED QUALIFIED METERS.

(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:

''SEC. 179B. DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND
RETROFITTED METERS.

''(a) Allowance of Deduction.--There shall be allowed as a
deduction--
''(1) an amount equal to $30 for each qualified energy
management device originally placed in service during the
taxable year, and
''(2) for each qualified retrofitted meter originally
placed in service during the taxable year, an amount equal to
the lesser of--
''(A) $30, or
''(B) the adjusted basis of such meter.
''(b) Definitions.--
''(1) Qualified energy management device.--For purposes of
this section, the term 'qualified energy management device'
means any meter or metering device acquired and used by an
electric energy or natural gas supplier or service provider to
enable consumers or others to manage their purchase, sale, or
use of electricity or natural gas in response to energy price
and usage signals.
''(2) Qualified retrofitted meter.--For purposes of this
section, the term 'qualified retrofitted meter' means an
electric energy or natural gas meter or metering device that
has been modified by the addition of equipment designed to
enable users to manage the purchase, sale, or use of
electricity and natural gas in response to energy price and
usage signals.
''(3) Placed in service.--For purposes of this section, the
term 'placed in service' means interconnected with other
devices in a manner that permits reading of energy price and
usage signals on at least a daily basis.
''(4) Cost of meters includes cost of installation.--The
cost of any qualified energy management device or qualified
retrofitted meter referred to in paragraph (1) or (2) shall
include the cost of the original installation of such property.
''(c) Devices Installed Outside the United States Not Qualified.--
No deduction shall be allowed under subsection (a) with respect to any
qualified energy management device or qualified retrofitted meter
placed in service outside the United States.
''(d) Basis Reduction.--
''(1) In general.--For purposes of this title, the basis of
any property shall be reduced by the amount of the deduction
with respect to such property which is allowed by subsection
(a).
''(2) Ordinary income recapture.--For purposes of section
1245, the amount of the deduction allowable under subsection
(a) with respect to any property that is of a character subject
to the allowance for depreciation shall be treated as a
deduction allowed for depreciation under section 167.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
''or'' at the end of subparagraph (G), by striking the period
at the end of subparagraph (H) and inserting '', or'', and by
inserting after subparagraph (H) the following new
subparagraph:
''(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ''or 179A'' each place it appears in the heading and
text and inserting '', 179A, or 179B''.
(3) Section 1016(a) of such Code is amended by striking
''and'' at the end of paragraph (26), by striking the period at
the end of paragraph (27) and inserting '', and'', and by
inserting after paragraph (27) the following new paragraph:
''(28) to the extent provided in section 179B(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
''179B,'' after ''179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of contents for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 179A the following new item:

''Sec. 179B. Deduction for qualified
energy management devices and
retrofitted meters.''.
(c) Effective Date.--The amendments made by this section shall
apply to qualified energy management devices placed in service after
the date of the enactment of this Act and to qualified retrofitted
meters that are placed in service after, or that are in use as of, the
date of the enactment of this Act.

SEC. 3. 3-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF QUALIFIED
ENERGY MANAGEMENT DEVICES.

(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ''and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting '', and'', and by
adding at the end the following new clause:
''(iv) any qualified energy management
device.''.
(b) Definition of Qualified Energy Management Device.--Section
168(i) of such Code (relating to definitions and special rules) is
amended by inserting at the end the following new paragraph:
''(15) Qualified energy management device.--The term
'qualified energy management device' means a meter or metering
device that is acquired and used by an electric energy or
natural gas supplier or service provider to enable consumers
and others to manage their purchase, sale, and use of
electricity or natural gas in response to energy price and
usage signals that are readable on at least a daily basis. For
purposes of the preceding sentence, the cost of any qualified
energy management device shall (at the election of the
taxpayer) include the cost of the original installation of such
property.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000.
Energy Efficiency and Conservation Incentives Act of 2001 - Amends the Internal Revenue Code to allow as a deduction: (1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year; and (2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of $30 or the adjusted basis of such meter.