To use surveillance technology to protect the borders of the United States.

SA 3220. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3192 submitted by Mr. Specter (for himself,
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration
and Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

After section 102, insert the following new section:

SEC. 103. 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 180 days 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
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.
Strike section 102(a).
SA 3221. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3192 submitted by Mr. Specter (for himself,
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration
and

[[Page S2738]]

Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 233 and insert the following:

SEC. 233. DETENTION OF ILLEGAL ALIENS.

(a) Expansion of Detention Capacity.--
(1) 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''.
(2) Construction of or acquisition of detention
facilities.--
(A) 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 paragraph (1).
(B) 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) Use of installations under base closure laws.--In
acquiring additional detention facilities under this
subsection, the Secretary shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
paragraph (1).
(D) Determination of location.--The location of any
detention facility constructed or acquired in accordance with
this subsection shall be determined, with the concurrence of
the Secretary, by the senior officer responsible for
Detention and Removal Operations in the Department. The
detention facilities shall be located so as to enable the
officers and employees of the Department to increase to the
maximum extent practicable the annual rate and level of
removals of illegal aliens from the United States.
(3) 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.
(4) 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.
(5) Funding to construct or acquire detention facilities.--
Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by
striking ``may expend'' and inserting ``shall expend''.
(6) 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.
(b) Detention Standards.--
(1) 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.
(2) 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 paragraph (1) shall--
(A) provide for sight and sound separation of alien
detainees without any criminal convictions from criminal
inmates and pretrial detainees facing criminal prosecution;
and
(B) 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.
(3) 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.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SA 3222. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3192 submitted by Mr. Specter (for himself,
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration
and Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 6, line 18, strike ``500'' and insert ``1,500''.
On page 7, line 2, strike ``1000'' and insert ``2,000''.
On page 7, line 10, strike ``200'' and insert ``400''.
On page 8, strike lines 9 through 15 and insert the
following:
preceding fiscal year), by 4,000 for each of fiscal years
2006 through 2011.
On page 8, after line 26, add the following:
(c) Detention and Removal Officers.--
(1) In general.--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 comply with the standards and regulations
required by paragraphs (2), (3), and (4).
(2) 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.
(3) 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 paragraph (2) shall--
(A) provide for sight and sound separation of alien
detainees without any criminal convictions from criminal
inmates and pretrial detainees facing criminal prosecution;
and
(B) 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.
(4) 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) Legal Personnel.--During each of fiscal years 2007
through 2011, the Secretary shall, subject to the
availability of appropriations, increase the number of
positions for attorneys in the Office of General Counsel of
the Department by at least 200 to represent the Department in
immigration matters for the fiscal year.

SEC. 102. DEPARTMENT OF JUSTICE PERSONNEL; DEFENSE ATTORNEYS.

(a)  In General.--During each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations, add--
(1) at least 50 positions for attorneys in the Office of
Immigration Litigation of the Department of Justice for the
fiscal year;
(2) at least 50 United States Attorneys to litigate
immigration cases in the Federal courts for the fiscal year;
(3) at least 200 Deputy United States Marshals to
investigate criminal immigration matters for the fiscal year;
and
(4) at least 50 immigration judges for the fiscal year.
(b) Defense Attorneys.--
(1) In general.--During each of fiscal years 2007 through
2011, the Director of the Administrative Office of the United
States Courts shall, subject to the availability of
appropriations, add at least 200 attorneys in the Federal
Defenders Program for the fiscal year.
(2) Pro bono representation.--The Attorney General shall
also take all necessary and reasonable steps to ensure that
alien detainees receive appropriate pro bono representation
in immigration matters.

[[Page S2739]]

(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General for each of fiscal
years 2007 through 2011 such sums as are necessary to carry
out this section, including the costs of hiring necessary
support staff.
On page 171, between lines 17 and 18, insert the following:

SEC. 234. DETENTION POLICY.

(a) 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.
(b) 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 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.
On page 220, line 22, strike ``2,000'' and insert
``4,000''.
On page 221, line 5, strike ``1,000'' and insert ``2,000''.
SA 3223. Mr. DORGAN (for himself, Ms. Snowe, Mr. Schumer, Mr. Burns,
and Mr. Jeffords) submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; as follows:

At the appropriate place, insert the following:

SEC. __. TRAVEL TO CANADA.

(a) Short Title.--This section may be cited as the ``Common
Sense Cross-Border Travel and Security Act of 2006''.
(b) Travel to Canada Without Passport.--Section 7209(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(B) by striking ``This plan'' and inserting the following:
``(B) Day passes.--The plan developed under this paragraph
shall include a system that would enable United States
citizens to travel to Canada for a 24-hour period without a
passport by completing an application for a `day pass' at any
port of entry along the land border between the United States
and Canada, and certifying that there was not sufficient time
to apply for a passport before the excursion. The traveler
shall not be charged a fee to acquire or use the day pass.
``(C) Implementation.--The plan developed under this
paragraph''; and
(2) by adding at the end the following:
``(3) Minors.--United States citizens who are less than 18
years of age, when accompanied by a parent or guardian, shall
not be required to present a passport when returning to the
United States from Canada at any port of entry along the land
border.''.
(c) Limit on Fees for Travel Documents.--Notwithstanding
any other provision of law or cost recovery requirement
established by the Office of Management and Budget, the
Secretary and the Secretary of State may not charge a fee in
an amount greater than $20 for any passport card or similar
document other than a passport that is created to satisfy the
requirements of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
(d) Acceptance of Passport Cards and Day Passes by
Canada.--The Secretary of State, in consultation with the
Secretary, shall negotiate with the Government of Canada to
ensure that passport cards and day passes issued by the
Government of the United States for travel to Canada are
accepted for such purpose by the Government of Canada.
______