April 7, 2006
Mr. SPECTER (for himself, Mr. HAGEL, Mr. MARTINEZ, Mr. MCCAIN, Mr. KENNEDY, Mr. GRAHAM, and Mr. BROWNBACK) introduced the following bill; which was read the first time
April 24, 2006
Read the second time and placed on the calendar
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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.
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(a) Short Title- This Act may be cited as the `Comprehensive Immigration
Reform Act of 2006'.
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(b) Table of Contents- The table of contents for this Act is as follows:
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Sec. 1. Short title; table of contents.
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Sec. 2. Reference to the Immigration and Nationality Act.
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Sec. 3. Definitions.
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Sec. 4. Severability.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
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Sec. 101. Enforcement personnel.
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Sec. 102. Technological assets.
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Sec. 103. Infrastructure.
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Sec. 104. Border patrol checkpoints.
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Sec. 105. Ports of entry.
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Sec. 106. Construction of strategic border fencing and vehicle barriers.
Subtitle B--Border Security Plans, Strategies, and Reports
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Sec. 111. Surveillance plan.
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Sec. 112. National Strategy for Border Security.
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Sec. 113. Reports on improving the exchange of information on North
American security.
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Sec. 114. Improving the security of Mexico's southern border.
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Sec. 115. Combating human smuggling.
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Sec. 116. Deaths at United States-Mexico border.
Subtitle C--Other Border Security Initiatives
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Sec. 121. Biometric data enhancements.
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Sec. 122. Secure communication.
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Sec. 123. Border patrol training capacity review.
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Sec. 124. US-VISIT System.
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Sec. 125. Document fraud detection.
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Sec. 126. Improved document integrity.
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Sec. 127. Cancellation of visas.
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Sec. 128. Biometric entry-exit system.
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Sec. 129. Border study.
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Sec. 130. Secure border initiative financial accountability.
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Sec. 131. Mandatory detention for aliens apprehended at or between ports
of entry.
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Sec. 132. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.
Subtitle D--Border Tunnel Prevention Act
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Sec. 141. Short title.
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Sec. 142. Construction of border tunnel or passage.
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Sec. 143. Directive to the United States Sentencing Commission.
Subtitle E--Border Law Enforcement Relief Act
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Sec. 151. Short title.
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Sec. 152. Findings.
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Sec. 153. Border relief grant program.
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Sec. 154. Enforcement of Federal immigration law.
TITLE II--INTERIOR ENFORCEMENT
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Sec. 201. Removal and denial of benefits to terrorist aliens.
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Sec. 202. Detention and removal of aliens ordered removed.
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Sec. 203. Aggravated felony.
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Sec. 204. Terrorist bars.
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Sec. 205. Increased criminal penalties related to gang violence, removal,
and alien smuggling.
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Sec. 206. Illegal entry.
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Sec. 207. Illegal reentry.
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Sec. 208. Reform of passport, visa, and immigration fraud offenses.
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Sec. 209. Inadmissibility and removal for passport and immigration fraud
offenses.
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Sec. 210. Incarceration of criminal aliens.
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Sec. 211. Encouraging aliens to depart voluntarily.
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Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
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Sec. 213. Prohibition of the sale of firearms to, or the possession
of firearms by certain aliens.
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Sec. 214. Uniform statute of limitations for certain immigration, naturalization,
and peonage offenses.
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Sec. 215. Diplomatic security service.
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Sec. 216. Field agent allocation and background checks.
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Sec. 217. Construction.
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Sec. 218. State criminal alien assistance program.
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Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
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Sec. 220. Reducing illegal immigration and alien smuggling on tribal
lands.
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Sec. 221. Alternatives to detention.
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Sec. 222. Conforming amendment.
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Sec. 223. Reporting requirements.
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Sec. 224. State and local enforcement of Federal immigration laws.
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Sec. 225. Removal of drunk drivers.
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Sec. 226. Medical services in underserved areas.
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Sec. 227. Expedited removal.
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Sec. 228. Protecting immigrants from convicted sex offenders.
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Sec. 229. Law enforcement authority of States and political subdivisions
and transfer to Federal custody.
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Sec. 230. Laundering of monetary instruments.
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Sec. 231. Listing of immigration violators in the National Crime Information
Center database.
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Sec. 232. Cooperative enforcement programs.
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Sec. 233. Increase of Federal detention space and the utilization of
facilities identified for closures as a result of the Defense Base Closure
Realignment Act of 1990.
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Sec. 234. Determination of immigration status of individuals charged
with Federal offenses.
TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS
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Sec. 301. Unlawful employment of aliens.
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Sec. 302. Employer Compliance Fund.
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Sec. 303. Additional worksite enforcement and fraud detection agents.
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Sec. 304. Clarification of ineligibility for misrepresentation.
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
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Sec. 401. Immigration impact study.
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Sec. 402. Nonimmigrant temporary worker.
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Sec. 403. Admission of nonimmigrant temporary guest workers.
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Sec. 404. Employer obligations.
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Sec. 405. Alien employment management system.
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Sec. 406. Rulemaking; effective date.
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Sec. 407. Recruitment of United States workers.
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Sec. 408. Temporary guest worker visa program task force.
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Sec. 409. Requirements for participating countries.
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Sec. 410. S visas.
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Sec. 411. L visa limitations.
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Sec. 412. Compliance investigators.
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Sec. 413. Authorization of appropriations.
Subtitle B--Immigration Injunction Reform
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Sec. 421. Short title.
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Sec. 422. Appropriate remedies for immigration legislation.
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Sec. 423. Effective date.
TITLE V--BACKLOG REDUCTION
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Sec. 501. Elimination of existing backlogs.
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Sec. 502. Country limits.
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Sec. 503. Allocation of immigrant visas.
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Sec. 504. Relief for minor children.
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Sec. 505. Shortage occupations.
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Sec. 506. Relief for widows and orphans.
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Sec. 507. Student visas.
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Sec. 508. Visas for individuals with advanced degrees.
TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry
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Sec. 601. Access to earned adjustment and mandatory departure and reentry.
Subtitle B--Agricultural Job Opportunities, Benefits, and Security
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Sec. 611. Short title.
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Sec. 612. Definitions.
Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers
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Sec. 613. Agricultural workers.
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Sec. 614. Correction of Social Security records.
Chapter 2--Reform of H-2A Worker Program
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Sec. 615. Amendment to the Immigration and Nationality Act.
Chapter 3--Miscellaneous Provisions
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Sec. 616. Determination and use of user fees.
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Sec. 617. Regulations.
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Sec. 618. Report to Congress.
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Sec. 619. Effective date.
Subtitle C--DREAM Act
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Sec. 621. Short title.
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Sec. 622. Definitions.
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Sec. 623. Restoration of State option to determine residency for purposes
of higher education benefits.
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Sec. 624. Cancellation of removal and adjustment of status of certain
long-term residents who entered the United States as children.
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Sec. 625. Conditional permanent resident status.
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Sec. 626. Retroactive benefits.
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Sec. 627. Exclusive jurisdiction.
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Sec. 628. Penalties for false statements in application.
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Sec. 629. Confidentiality of information.
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Sec. 630. Expedited processing of applications; prohibition on fees.
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Sec. 631. Higher Education assistance.
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Sec. 632. GAO report.
Subtitle D--Grant Programs to Assist Nonimmigrant Workers
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Sec. 641. Grants to support public education and community training.
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Sec. 642. Funding for the Office of Citizenship.
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Sec. 643. Civics integration grant program.
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Sec. 644. Strengthening American citizenship.
TITLE VII--MISCELLANEOUS
Subtitle A--Immigration Litigation Reduction
Chapter 1--Appeals and Review
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Sec. 701. Additional immigration personnel.
Chapter 2--Immigration Review Reform
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Sec. 702. Board of immigration appeals.
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Sec. 703. Immigration judges.
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Sec. 704. Removal and review of judges.
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Sec. 705. Legal orientation program.
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Sec. 706. Regulations.
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Sec. 707. GAO study on the appellate process for immigration appeals.
Subtitle B--Citizenship Assistance for Members of the Armed Services
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Sec. 711. Short title.
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Sec. 712. Waiver of requirement for fingerprints for members of the
Armed Forces.
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Sec. 713. Provision of information on naturalization to members of the
Armed Forces.
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Sec. 714. Provision of information on naturalization to the public.
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Sec. 715. Reports.
Subtitle C--State Court Interpreter Grant Program
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Sec. 721. Short title.
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Sec. 722. Findings.
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Sec. 723. State court interpreter program.
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Sec. 724. Authorization of appropriations.
Subtitle D--Border Infrastructure and Technology Modernization
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Sec. 731. Short title.
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Sec. 732. Definitions.
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Sec. 733. Port of Entry Infrastructure Assessment Study.
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Sec. 734. National Land Border Security Plan.
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Sec. 735. Expansion of commerce security programs.
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Sec. 736. Port of entry technology demonstration program.
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Sec. 737. Authorization of appropriations.
Subtitle E--Family Humanitarian Relief
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Sec. 741. Short title.
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Sec. 742. Adjustment of status for certain nonimmigrant victims of terrorism.
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Sec. 743. Cancellation of removal for certain immigrant victims of terrorism.
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Sec. 744. Exceptions.
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Sec. 745. Evidence of death.
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Sec. 746. Definitions.
Subtitle F--Other Matters
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Sec. 751. Noncitizen membership in the Armed Forces.
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Sec. 752. Nonimmigrant alien status for certain athletes.
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Sec. 753. Extension of returning worker exemption.
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Sec. 754. Surveillance technologies programs.
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Sec. 755. Comprehensive immigration efficiency review.
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Sec. 756. Northern Border Prosecution Initiative.
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Sec. 757. Southwest border prosecution initiative.
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Sec. 758. Grant program to assist eligible applicants.
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Sec. 759. Screening of municipal solid waste.
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Sec. 760. Access to immigration services in areas that are not accessible
by road.
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Sec. 761. Border security on certain Federal land.
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Sec. 762. Unmanned aerial vehicles.
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Sec. 763. Relief for widows and orphans.
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Sec. 764. Terrorist activities.
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Sec. 765. Family unity.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
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Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a
section or other provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
SEC. 3. DEFINITIONS.
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In this Act:
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(1) DEPARTMENT- Except as otherwise provided, the term `Department'
means the Department of Homeland Security.
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(2) SECRETARY- Except as otherwise provided, the term `Secretary' means
the Secretary of Homeland Security.
SEC. 4. SEVERABILITY.
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If any provision of this Act, any amendment made by this Act, or the application
of such provision or amendment to any person or circumstance is held to
be invalid for any reason, the remainder of this Act, the amendments made
by this Act, and the application of the provisions of such to any other
person or circumstance shall not be affected by such holding.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
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(a) Additional Personnel-
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(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2007 through
2011, the Secretary shall, subject to the availability of appropriations,
increase by not less than 500 the number of positions for full-time
active duty port of entry inspectors and provide appropriate training,
equipment, and support to such additional inspectors.
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(2) INVESTIGATIVE PERSONNEL-
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(A) 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
`1000'.
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(B) ADDITIONAL PERSONNEL- In addition to the positions authorized
under section 5203 of the Intelligence Reform and Terrorism Prevention
Act of 2004, as amended by subparagraph (A), during each of the fiscal
years 2007 through 2011, the Secretary shall, subject to the availability
of appropriations, increase by not less than 200 the number of positions
for personnel within the Department assigned to investigate alien
smuggling.
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(b) Authorization of Appropriations-
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(1) PORT OF ENTRY INSPECTORS- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal
years 2007 through 2011 to carry out paragraph (1) of subsection (a).
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(2) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read
as follows:
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
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`(a) Annual Increases- The Secretary of Homeland Security shall, subject
to the availability of appropriations for such purpose, increase the number
of positions for full-time active-duty border patrol agents within the
Department of Homeland Security (above the number of such positions for
which funds were appropriated for the preceding fiscal year), by--
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`(1) 2,000 in fiscal year 2006;
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`(2) 2,400 in fiscal year 2007;
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`(3) 2,400 in fiscal year 2008;
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`(4) 2,400 in fiscal year 2009;
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`(5) 2,400 in fiscal year 2010; and
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`(6) 2,400 in fiscal year 2011;
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`(b) Northern Border- In each of the fiscal years 2006 through 2011, in
addition to the border patrol agents assigned along the northern border
of the United States during the previous fiscal year, the Secretary shall
assign a number of border patrol agents equal to not less than 20 percent
of the net increase in border patrol agents during each such fiscal year.
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`(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2007 through 2011
to carry out this section.'.
SEC. 102. TECHNOLOGICAL ASSETS.
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(a) Acquisition- Subject to the availability of appropriations, the Secretary
shall procure additional unmanned aerial vehicles, cameras, poles, sensors,
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.
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(b) Increased Availability of Equipment- The Secretary and the Secretary
of Defense shall develop and implement a plan to use authorities provided
to the Secretary of Defense under chapter 18 of title 10, United States
Code, to increase the availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars, and other
surveillance equipment, to assist the Secretary in carrying out surveillance
activities conducted at or near the international land borders of the
United States to prevent illegal immigration.
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(c) Report- Not later than 6 months after the date of enactment of this
Act, the Secretary and the Secretary of Defense shall submit to Congress
a report that contains--
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(1) a description of the current use of Department of Defense equipment
to assist the Secretary in carrying out surveillance of the international
land borders of the United States and assessment of the risks to citizens
of the United States and foreign policy interests associated with the
use of such equipment;
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(2) the plan developed under subsection (b) to increase the use of Department
of Defense equipment to assist such surveillance activities; and
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(3) a description of the types of equipment and other support to be
provided by the Secretary of Defense under such plan during the 1-year
period beginning on the date of the submission of the report.
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(d) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal
years 2007 through 2011 to carry out subsection (a).
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(e) Construction- Nothing in this section may be construed as altering
or amending the prohibition on the use of any part of the Army or the
Air Force as a posse comitatus under section 1385 of title 18, United
States Code.
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