109th CONGRESS
2d Session
H. R. 5067
To establish operational control over the international land and
maritime borders of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 30, 2006
Mr. PEARCE introduced the following bill; which was referred to the Committee
on Homeland Security, and in addition to the Committees on the Judiciary
and Armed Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To establish operational control over the international land and
maritime borders of the United States, 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 `Border Security and Terrorism
Prevention Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SECURING UNITED STATES BORDERS
Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Border patrol agents.
Sec. 108. Port of entry inspection personnel.
Sec. 109. Canine detection teams.
Sec. 110. Secure border initiative financial accountability.
Sec. 111. Border patrol training capacity review.
Sec. 112. Airspace security mission impact review.
Sec. 113. Repair of private infrastructure on border.
Sec. 114. Border Patrol unit for Virgin Islands.
Sec. 115. Report on progress in tracking travel of Central American gangs
along international border.
Sec. 116. Collection of data.
Sec. 117. Deployment of radiation detection portal equipment at United
States ports of entry.
Sec. 118. Sense of Congress regarding the Secure Border Initiative.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
Sec. 201. Joint strategic plan for United States border surveillance and
support.
Sec. 202. Border security on protected land.
Sec. 203. Border security threat assessment and information sharing test
and evaluation exercise.
Sec. 204. Border Security Advisory Committee.
Sec. 205. Permitted use of Homeland Security grant funds for border security
activities.
Sec. 206. Center of excellence for border security.
Sec. 207. Sense of Congress regarding cooperation with Indian Nations.
TITLE III--DETENTION AND REMOVAL
Sec. 301. Mandatory detention for aliens apprehended at or between ports
of entry.
Sec. 302. Enhanced detention capacity.
Sec. 303. Expansion and effective management of detention facilities.
Sec. 304. Enhancing transportation capacity for unlawful aliens.
Sec. 305. Denial of admission to nationals of country denying or delaying
accepting alien.
Sec. 306. Report on financial burden of repatriation.
Sec. 307. Training program.
Sec. 308. Expedited removal.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
Sec. 401. Enhanced border security coordination and management.
Sec. 402. Office of Air and Marine Operations.
Sec. 403. Shadow Wolves transfer.
SEC. 2. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEE- The term `appropriate congressional
committee' has the meaning given it in section 2(2) of the Homeland Security
Act of 2002 (6 U.S.C. 101(2)).
(2) STATE- The term `State' has the meaning given it in section 2(14)
of the Homeland Security Act of 2002 (6 U.S.C. 101(14)).
TITLE I--SECURING UNITED STATES BORDERS
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General- The Secretary of Homeland Security shall take all actions
the Secretary determines necessary and appropriate to achieve and maintain
operational control over the entire international land and maritime borders
of the United States, to include the following--
(1) systematic surveillance of the international land and maritime borders
of the United States through more effective use of personnel and technology,
such as unmanned aerial vehicles, ground-based sensors, satellites, radar
coverage, and cameras;
(2) physical infrastructure enhancements to prevent unlawful entry by
aliens into the United States and facilitate access to the international
land and maritime borders by United States Customs and Border Protection,
such as additional checkpoints, all weather access roads, and vehicle
barriers;
(3) hiring and training as expeditiously as possible additional Border
Patrol agents authorized under section 5202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458); and
(4) increasing deployment of United States Customs and Border Protection
personnel to areas along the international land and maritime borders of
the United States where there are high levels of unlawful entry by aliens
and other areas likely to be impacted by such increased deployment.
(b) Operational Control Defined- In this section, the term `operational
control' means the prevention of the entry into the United States of terrorists,
other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Surveillance Plan- Not later than six months after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the appropriate
congressional committees a comprehensive plan for the systematic surveillance
of the international land and maritime borders of the United States. The
plan shall include the following:
(1) An assessment of existing technologies employed on such borders.
(2) A description of whether and how new surveillance technologies will
be compatible with existing surveillance technologies.
(3) A description of how the United States Customs and Border Protection
is working, or is expected to work, with the Directorate of Science and
Technology of the Department of Homeland Security to identify and test
surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) The identification of any obstacles that may impede full implementation
of such deployment.
(6) A detailed estimate of all costs associated with the implementation
of such deployment and continued maintenance of such technologies.
(7) A description of how the Department of Homeland Security is working
with the Federal Aviation Administration on safety and airspace control
issues associated with the use of unmanned aerial vehicles in the National
Airspace System.
(b) National Strategy for Border Security- Not later than one year after
the date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the heads of other appropriate Federal agencies, shall
submit to the appropriate congressional committees a National Strategy for
Border Security to achieve operational control over all ports of entry into
the United States and the international land and maritime borders of the
United States. The Secretary shall update the Strategy as needed and shall
submit to the Committee, not later than 30 days after each such update,
the updated Strategy. The National Strategy for Border Security shall include
the following:
(1) The implementation timeline for the surveillance plan described in
subsection (a).
(2) An assessment of the threat posed by terrorists and terrorist groups
that may try to infiltrate the United States at points along the international
land and maritime borders of the United States.
(3) A risk assessment of all ports of entry to the United States and all
portions of the international land and maritime borders of the United
States with respect to--
(A) preventing the entry of terrorists, other unlawful aliens, instruments
of terrorism, narcotics, and other contraband into the United States;
and
(B) protecting critical infrastructure at or near such ports of entry
or borders.
(4) An assessment of the most appropriate, practical, and cost-effective
means of defending the international land and maritime borders of the
United States against threats to security and illegal transit, including
intelligence capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(5) An assessment of staffing needs for all border security functions,
taking into account threat and vulnerability information pertaining to
the borders and the impact of new security programs, policies, and technologies.
(6) A description of the border security roles and missions of Federal,
State, regional, local, and tribal authorities, and recommendations with
respect to how the Department of Homeland Security can improve coordination
with such authorities, to enable border security enforcement to be carried
out in an efficient and effective manner.
(7) A prioritization of research and development objectives to enhance
the security of the international land and maritime borders of the United
States.
(8) A description of ways to ensure that the free flow of legitimate travel
and commerce of the United States is not diminished by efforts, activities,
and programs aimed at securing the international land and maritime borders
of the United States.
(9) An assessment of additional detention facilities and bed space needed
to detain unlawful aliens apprehended at United States ports of entry
or along the international land borders of the United States in accordance
with the National Strategy for Border Security required under this subsection
and the mandatory detention requirement described in section 301 of this
Act.
(10) A description of how the Secretary shall ensure accountability and
performance metrics within the appropriate agencies of the Department
of Homeland Security responsible for implementing the border security
measures determined necessary upon completion of the National Strategy
for Border Security.
(11) A timeline for the implementation of the additional security measures
determined necessary as part of the National Strategy for Border Security,
including a prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, and resource estimates
and allocations.
(c) Consultation- In creating the National Strategy for Border Security
described in subsection (b), the Secretary shall consult with--
(1) State, local, and tribal authorities along the international land
and maritime borders of the United States; and
(2) an appropriate cross-section of private sector and nongovernmental
organizations with relevant expertise.
(d) Priority of National Strategy- The National Strategy for Border Security
described in subsection (b) shall be the controlling document for security
and enforcement efforts related to securing the international land and maritime
borders of the United States.
(e) Immediate Action- Nothing in this section shall be construed to relieve
the Secretary of the responsibility to take all actions necessary and appropriate
to achieve and maintain operational control over the entire international
land and maritime borders of the United States pursuant to section 101 of
this Act or any other provision of law.
(f) Reporting of Implementing Legislation- After submittal of the National
Strategy for Border Security described in subsection (b) to the Committee
on Homeland Security of the House of Representatives, such Committee shall
promptly report to the House legislation authorizing necessary security
measures based on its evaluation of the National Strategy for Border Security.
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.
(a) In General- Not later than six months after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the appropriate
congressional committees a report on the implementation of the cross-border
security agreements signed by the United States with Mexico and Canada,
including recommendations on improving cooperation with such countries to
enhance border security.
(b) Updates- The Secretary shall regularly update the Committee concerning
such implementation.
SEC. 104. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2006, the Secretary of Homeland Security shall--
(1) in consultation with the Attorney General, enhance connectivity between
the IDENT and IAFIS fingerprint databases to ensure more expeditious data
searches; and
(2) in consultation with the Secretary of State, collect ten fingerprints
from each alien required to provide fingerprints during the alien's initial
enrollment in the integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1221 note).
SEC. 105. ONE FACE AT THE BORDER INITIATIVE.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to Congress a report--
(1) describing the tangible and quantifiable benefits of the One Face
at the Border Initiative established by the Department of Homeland Security;
(2) identifying goals for and challenges to increased effectiveness of
the One Face at the Border Initiative;
(3) providing a breakdown of the number of inspectors who were--
(A) personnel of the United States Customs Service before the date of
the establishment of the Department of Homeland Security;
(B) personnel of the Immigration and Naturalization Service before the
date of the establishment of the Department;
(C) personnel of the Department of Agriculture before the date of the
establishment of the Department; or
(D) hired after the date of the establishment of the Department;
(4) describing the training time provided to each employee on an annual
basis for the various training components of the One Face at the Border
Initiative; and
(5) outlining the steps taken by the Department to ensure that expertise
is retained with respect to customs, immigration, and agriculture inspection
functions under the One Face at the Border Initiative.
SEC. 106. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously as practicable,
develop and implement a plan to ensure clear and secure two-way communication
capabilities--
(1) among all Border Patrol agents conducting operations between ports
of entry;
(2) between Border Patrol agents and their respective Border Patrol stations;
(3) between Border Patrol agents and residents in remote areas along the
international land border who do not have mobile communications, as the
Secretary determines necessary; and
(4) between all appropriate Department of Homeland Security border security
agencies and State, local, and tribal law enforcement agencies.
SEC. 107. BORDER PATROL AGENTS.
There are authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary for each of fiscal years 2007 through 2010
to carry out section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (requiring the Secretary to increase by not less than 2,000
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 allotted for the preceding fiscal year) (Public Law 108-458;
118 Stat. 3734).
SEC. 108. PORT OF ENTRY INSPECTION PERSONNEL.
In each of fiscal years 2007 through 2010, the Secretary of Homeland Security
shall, subject to the availability of appropriations, increase by not less
than 250 the number of positions for full-time active duty port of entry
inspectors. There are authorized to be appropriated to the Secretary such
sums as may be necessary for each such fiscal year to hire, train, equip,
and support such additional inspectors under this section.
SEC. 109. CANINE DETECTION TEAMS.
In each of fiscal years 2007 through 2011, the Secretary of Homeland Security
shall, subject to the availability of appropriations, increase by not less
than 25 percent above the number of such positions for which funds were
allotted for the preceding fiscal year the number of trained detection canines
for use at United States ports of entry and along the international land
and maritime borders of the United States.
SEC. 110. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department of Homeland Security
shall review each contract action related to the Department's Secure Border
Initiative having a value greater than $20,000,000, to determine whether
each such action fully complies with applicable cost requirements, performance
objectives, program milestones, inclusion of small, minority, and women-owned
business, and timelines. The Inspector General shall complete a review under
this subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation of the action;
and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General- Upon completion of each review described
in subsection (a), the Inspector General shall submit to the Secretary of
Homeland Security a report containing the findings of the review, including
findings regarding any cost overruns, significant delays in contract execution,
lack of rigorous departmental contract management, insufficient departmental
financial oversight, bundling that limits the ability of small business
to compete, or other high risk business practices.
(c) Report by Secretary- Not later than 30 days after the receipt of each
report required under subsection (b), the Secretary of Homeland Security
shall submit to the appropriate congressional committees a report on the
findings of the report by the Inspector General and the steps the Secretary
has taken, or plans to take, to address the problems identified in such
report.
(d) Authorization of Appropriations- In addition to amounts that are otherwise
authorized to be appropriated to the Office of the Inspector General, an
additional amount equal to at least five percent for fiscal year 2007, at
least six percent for fiscal year 2008, and at least seven percent for fiscal
year 2009 of the overall budget of the Office for each such fiscal year
is authorized to be appropriated to the Office to enable the Office to carry
out this section.
SEC. 111. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United States shall conduct
a review of the basic training provided to Border Patrol agents by the Department
of Homeland Security to ensure that such training is provided as efficiently
and cost-effectively as possible.
(b) Components of Review- The review under subsection (a) shall include
the following components:
(1) An evaluation of the length and content of the basic training curriculum
provided to new Border Patrol agents by the Federal Law Enforcement Training
Center, including a description of how the curriculum has changed since
September 11, 2001.
(2) A review and a detailed breakdown of the costs incurred by United
States Customs and Border Protection and the Federal Law Enforcement Training
Center to train one new Border Patrol agent.
(3) A comparison, based on the review and breakdown under paragraph (2)
of the costs, effectiveness, scope, and quality, including geographic
characteristics, with other similar law enforcement training programs
provided by State and local agencies, non-profit organizations, universities,
and the private sector.
(4) An evaluation of whether and how utilizing comparable non-Federal
training programs, proficiency testing to streamline training, and long-distance
learning programs may affect--
(A) the cost-effectiveness of increasing the number of Border Patrol
agents trained per year and reducing the per agent costs of basic training;
and
(B) the scope and quality of basic training needed to fulfill the mission
and duties of a Border Patrol agent.
SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW.
Not later than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on Homeland
Security of the House of Representatives a report detailing the impact the
airspace security mission in the National Capital Region (in this section
referred to as the `NCR') will have on the ability of the Department of
Homeland Security to protect the international land and maritime borders
of the United States. Specifically, the report shall address:
(1) The specific resources, including personnel, assets, and facilities,
devoted or planned to be devoted to the NCR airspace security mission,
and from where those resources were obtained or are planned to be obtained.
(2) An assessment of the impact that diverting resources to support the
NCR mission has or is expected to have on the traditional missions in
and around the international land and maritime borders of the United States.
SEC. 113. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.
(a) In General- Subject to the amount appropriated in subsection (d) of
this section, the Secretary of Homeland Security shall reimburse property
owners for costs associated with repairing damages to the property owners'
private infrastructure constructed on a United States Government right-of-way
delineating the international land border when such damages are--
(1) the result of unlawful entry of aliens; and
(2) confirmed by the appropriate personnel of the Department of Homeland
Security and submitted to the Secretary for reimbursement.
(b) Value of Reimbursements- Reimbursements for submitted damages as outlined
in subsection (a) shall not exceed the value of the private infrastructure
prior to damage.
(c) Reports- Not later than six months after the date of the enactment of
this Act and every subsequent six months until the amount appropriated for
this section is expended in its entirety, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the House of Representatives
a report that details the expenditures and circumstances in which those
expenditures were made pursuant to this section.
(d) Authorization of Appropriations- There shall be authorized to be appropriated
an initial $50,000 for each fiscal year to carry out this section.
SEC. 114. BORDER PATROL UNIT FOR VIRGIN ISLANDS.
Not later than September 30, 2006, the Secretary of Homeland Security shall
establish at least one Border Patrol unit for the Virgin Islands of the
United States.
SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN GANGS
ALONG INTERNATIONAL BORDER.
Not later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall report to the Committee on Homeland
Security of the House of Representatives on the progress of the Department
of Homeland Security in tracking the travel of Central American gangs across
the international land border of the United States and Mexico.
SEC. 116. COLLECTION OF DATA.
Beginning on October 1, 2006, the Secretary of Homeland Security shall annually
compile data on the following categories of information:
(1) The number of unauthorized aliens who require medical care taken into
custody by Border Patrol officials.
(2) The number of unauthorized aliens with serious injuries or medical
conditions Border Patrol officials encounter, and refer to local hospitals
or other health facilities.
(3) The number of unauthorized aliens with serious injuries or medical
conditions who arrive at United States ports of entry and subsequently
are admitted into the United States for emergency medical care, as reported
by United States Customs and Border Protection.
(4) The number of unauthorized aliens described in paragraphs (2) and
(3) who subsequently are taken into custody by the Department of Homeland
Security after receiving medical treatment.
SEC. 117. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED
STATES PORTS OF ENTRY.
(a) Deployment- Not later than one year after the date of the enactment
of this Act, the Secretary of Homeland Security shall deploy radiation portal
monitors at all United States ports of entry and facilities as determined
by the Secretary to facilitate the screening of all inbound cargo for nuclear
and radiological material.
(b) Report- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the Department's progress
toward carrying out the deployment described in subsection (a).
(c) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary to carry out subsection (a) such sums as may be necessary
for each of fiscal years 2006 and 2007.
SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE BORDER INITIATIVE.
It is the sense of Congress that--
(1) as the Secretary of Homeland Security develops and implements the
Secure Border Initiative and other initiatives to strengthen security
along the Nation's borders, the Secretary shall conduct extensive outreach
to the private sector, including small, minority-owned, women-owned, and
disadvantaged businesses; and
(2) the Secretary also shall consult with firms that are practitioners
of mission effectiveness at the Department of Homeland Security, homeland
security business councils, and associations to identify existing and
emerging technologies and best practices and business processes, to maximize
economies of scale, cost-effectiveness, systems integration, and resource
allocation, and to identify the most appropriate contract mechanisms to
enhance financial accountability and mission effectiveness of border security
programs.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE AND
SUPPORT.
(a) In General- The Secretary of Homeland Security and the Secretary of
Defense shall develop a joint strategic plan to use the 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 with the surveillance activities of the
Department of Homeland Security conducted at or near the international land
and maritime borders of the United States.
(b) Report- Not later than six months after the date of the enactment of
this Act, the Secretary of Homeland Security and the Secretary of Defense
shall submit to Congress a report containing--
(1) a description of the use of Department of Defense equipment to assist
with the surveillance by the Department of Homeland Security of the international
land and maritime borders of the United States;
(2) the joint strategic plan developed pursuant to subsection (a);
(3) a description of the types of equipment and other support to be provided
by the Department of Defense under the joint strategic plan during the
one-year period beginning after submission of the report under this subsection;
and
(4) a description of how the Department of Homeland Security and the Department
of Defense are working with the Department of Transportation on safety
and airspace control issues associated with the use of unmanned aerial
vehicles in the National Airspace System.
(c) Rule of Construction- Nothing in this section shall 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.
SEC. 202. BORDER SECURITY ON PROTECTED LAND.
(a) In General- The Secretary of Homeland Security, in consultation with
the Secretary of the Interior, shall evaluate border security vulnerabilities
on land directly adjacent to the international land border of the United
States under the jurisdiction of the Department of the Interior related
to the prevention of the entry of terrorists, other unlawful aliens, narcotics,
and other contraband into the United States.
(b) Support for Border Security Needs- Based on the evaluation conducted
pursuant to subsection (a), the Secretary of Homeland Security shall provide
appropriate border security assistance on land directly adjacent to the
international land border of the United States under the jurisdiction of
the Department of the Interior, its bureaus, and tribal entities.
SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING TEST
AND EVALUATION EXERCISE.
Not later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall design and carry out a national border
security exercise for the purposes of--
(1) involving officials from Federal, State, territorial, local, tribal,
and international governments and representatives from the private sector;
(2) testing and evaluating the capacity of the United States to anticipate,
detect, and disrupt threats to the integrity of United States borders;
and
(3) testing and evaluating the information sharing capability among Federal,
State, territorial, local, tribal, and international governments.
SEC. 204. BORDER SECURITY ADVISORY COMMITTEE.
(a) Establishment of Committee- Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security shall establish
an advisory committee to be known as the Border Security Advisory Committee
(in this section referred to as the `Committee').
(b) Duties- The Committee shall advise the Secretary on issues relating
to border security and enforcement along the international land and maritime
border of the United States.
(c) Membership- The Secretary shall appoint members to the Committee from
the following:
(1) State and local government representatives from States located along
the international land and maritime borders of the United States.
(2) Community representatives from such States.
(3) Tribal authorities in such States.
SEC. 205. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER SECURITY
ACTIVITIES.
(a) Reimbursement- The Secretary of Homeland Security may allow the recipient
of amounts under a covered grant to use those amounts to reimburse itself
for costs it incurs in carrying out any activity that--
(1) relates to the enforcement of Federal laws aimed at preventing the
unlawful entry of persons or things into the United States, including
activities such as detecting or responding to such an unlawful entry or
providing support to another entity relating to preventing such an unlawful
entry;
(2) is usually a Federal duty carried out by a Federal agency; and
(3) is carried out under agreement with a Federal agency.
(b) Use of Prior Year Funds- Subsection (a) shall apply to all covered grant
funds received by a State, local government, or Indian tribe at any time
on or after October 1, 2001.
(c) Covered Grants- For purposes of subsection (a), the term `covered grant'
means grants provided by the Department of Homeland Security to States,
local governments, or Indian tribes administered under the following programs:
(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State Homeland Security
Grant Program of the Department, or any successor to such grant program.
(2) URBAN AREA SECURITY INITIATIVE- The Urban Area Security Initiative
of the Department, or any successor to such grant program.
(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The Law Enforcement
Terrorism Prevention Program of the Department, or any successor to such
grant program.
SEC. 206. CENTER OF EXCELLENCE FOR BORDER SECURITY.
(a) Establishment- The Secretary of Homeland Security shall establish a
university-based Center of Excellence for Border Security following the
merit-review processes and procedures and other limitations that have been
established for selecting and supporting University Programs Centers of
Excellence.
(b) Activities of the Center- The Center shall prioritize its activities
on the basis of risk to address the most significant threats, vulnerabilities,
and consequences posed by United States borders and border control systems.
The activities shall include the conduct of research, the examination of
existing and emerging border security technology and systems, and the provision
of education, technical, and analytical assistance for the Department of
Homeland Security to effectively secure the borders.
SEC. 207. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN NATIONS.
It is the sense of Congress that--
(1) the Department of Homeland Security should strive to include as part
of a National Strategy for Border Security recommendations on how to enhance
Department cooperation with sovereign Indian Nations on securing our borders
and preventing terrorist entry, including, specifically, the Department
should consider whether a Tribal Smart Border working group is necessary
and whether further expansion of cultural sensitivity training, as exists
in Arizona with the Tohono O'odham Nation, should be expanded elsewhere;
and
(2) as the Department of Homeland Security develops a National Strategy
for Border Security, it should take into account the needs and missions
of each agency that has a stake in border security and strive to ensure
that these agencies work together cooperatively on issues involving Tribal
lands.
TITLE III--DETENTION AND REMOVAL
SEC. 301. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS
OF ENTRY.
(a) In General- Beginning on October 1, 2006, an alien who is attempting
to illegally enter the United States and who is apprehended at a United
States port of entry or along the international land and maritime border
of the United States shall be detained until removed or a final decision
granting admission has been determined, unless the alien--
(1) is permitted to withdraw an application for admission under section
235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4))
and immediately departs from the United States pursuant to such section;
or
(2) is paroled into the United States by the Secretary of Homeland Security
for urgent humanitarian reasons or significant public benefit in accordance
with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
(b) Requirements During Interim Period- Beginning 60 days after the date
of the enactment of this Act and before October 1, 2006, an alien described
in subsection (a) may be released with a notice to appear only if--
(1) the Secretary of Homeland Security determines, after conducting all
appropriate background and security checks on the alien, that the alien
does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction-
(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as
limiting the right of an alien to apply for asylum or for relief or deferral
of removal based on a fear of persecution.
(2) TREATMENT OF CERTAIN ALIENS- Nothing in this section shall be construed
to change or alter any provision of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.) relating to an alien who is a native or citizen
of a country in the Western Hemisphere with whose government the United
States does not have full diplomatic relations.
SEC. 302. ENHANCED DETENTION CAPACITY.
There are authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary for each of fiscal years 2007 through 2010
to carry out Section 5204 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (related to an increase in the number of beds by not less than
8,000 each fiscal year available for immigration detention and removal operations
of the Department of Homeland Security) (Public Law 108-458; 118 Stat. 3734).
SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall fully utilize--
(1) all available detention facilities operated or contracted by the Department
of Homeland Security; and
(2) all possible options to cost effectively increase available detention
capacities, including the use of temporary detention facilities, the use
of State and local correctional facilities, private space, and secure
alternatives to detention.
SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL ALIENS.
(a) In General- The Secretary of Homeland Security is authorized to enter
into contracts with private entities for the purpose of providing secure
domestic transport of aliens who are apprehended at or along the international
land or maritime borders from the custody of United States Customs and Border
Protection to detention facilities and other locations as necessary.
(b) Criteria for Selection- Notwithstanding any other provision of law,
to enter into a contract under paragraph (1), a private entity shall submit
an application to the Secretary at such time, in such manner, and containing
such information as the Secretary may require. The Secretary shall select
from such applications those entities which offer, in the determination
of the Secretary, the best combination of service, cost, and security.
SEC. 305. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY DENYING OR DELAYING
ACCEPTING ALIEN.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d))
is amended to read as follows:
`(d) Denial of Admission to Nationals of Country Denying or Delaying Accepting
Alien- Whenever the Secretary of Homeland Security determines that the government
of a foreign country has denied or unreasonably delayed accepting an alien
who is a citizen, subject, national, or resident of that country after the
alien has been ordered removed, the Secretary, after consultation with the
Secretary of State, may deny admission to any citizen, subject, national,
or resident of that country until the country accepts the alien who was
ordered removed.'.
SEC. 306. REPORT ON FINANCIAL BURDEN OF REPATRIATION.
Not later than October 31 of each year, the Secretary of Homeland Security
shall submit to the Secretary of State and Congress a report that details
the cost to the Department of Homeland Security of repatriation of unlawful
aliens to their countries of nationality or last habitual residence, including
details relating to cost per country. The Secretary shall include in each
such report the recommendations of the Secretary to more cost effectively
repatriate such aliens.
SEC. 307. TRAINING PROGRAM.
Not later than six months after the date of the enactment of this Act, the
Secretary of Homeland Security--
(1) review and evaluate the training provided to Border Patrol agents
and port of entry inspectors regarding the inspection of aliens to determine
whether an alien is referred for an interview by an asylum officer for
a determination of credible fear;
(2) based on the review and evaluation described in paragraph (1), take
necessary and appropriate measures to ensure consistency in referrals
by Border Patrol agents and port of entry inspectors to asylum officers
for determinations of credible fear.
SEC. 308. EXPEDITED REMOVAL.
(a) In General- Section 235(b)(1)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(A)(iii)) is amended--
(1) in subclause (I), by striking `Attorney General' and inserting `Secretary
of Homeland Security' each place it appears; and
(2) by adding at the end the following new subclause:
`(III) EXCEPTION- Notwithstanding subclauses (I) and (II), the Secretary
of Homeland Security shall apply clauses (i) and (ii) of this subparagraph
to any alien (other than an alien described in subparagraph (F))
who is not a national of a country contiguous to the United States,
who has not been admitted or paroled into the United States, and
who is apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.'.
(b) Exceptions- Section 235(b)(1)(F) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at
the end the following: `or in any manner at or between a land border port
of entry'.
(c) Effective Date- The amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to all aliens apprehended
on or after such date.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
SEC. 401. ENHANCED BORDER SECURITY COORDINATION AND MANAGEMENT.
The Secretary of Homeland Security shall ensure full coordination of border
security efforts among agencies within the Department of Homeland Security,
including United States Immigration and Customs Enforcement, United States
Customs and Border Protection, and United States Citizenship and Immigration
Services, and shall identify and remedy any failure of coordination or integration
in a prompt and efficient manner. In particular, the Secretary of Homeland
Security shall--
(1) oversee and ensure the coordinated execution of border security operations
and policy;
(2) establish a mechanism for sharing and coordinating intelligence information
and analysis at the headquarters and field office levels pertaining to
counter-terrorism, border enforcement, customs and trade, immigration,
human smuggling, human trafficking, and other issues of concern to both
United States Immigration and Customs Enforcement and United States Customs
and Border Protection;
(3) establish Department of Homeland Security task forces (to include
other Federal, State, Tribal and local law enforcement agencies as appropriate)
as necessary to better coordinate border enforcement and the disruption
and dismantling of criminal organizations engaged in cross-border smuggling,
money laundering, and immigration violations;
(4) enhance coordination between the border security and investigations
missions within the Department by requiring that, with respect to cases
involving violations of the customs and immigration laws of the United
States, United States Customs and Border Protection coordinate with and
refer all such cases to United States Immigration and Customs Enforcement;
(5) examine comprehensively the proper allocation of the Department's
border security related resources, and analyze budget issues on the basis
of Department-wide border enforcement goals, plans, and processes;
(6) establish measures and metrics for determining the effectiveness of
coordinated border enforcement efforts; and
(7) develop and implement a comprehensive plan to protect the northern
and southern land borders of the United States and address the different
challenges each border faces by--
(A) coordinating all Federal border security activities;
(B) improving communications and data sharing capabilities within the
Department and with other Federal, State, local, tribal, and foreign
law enforcement agencies on matters relating to border security; and
(C) providing input to relevant bilateral agreements to improve border
functions, including ensuring security and promoting trade and tourism.
SEC. 402. OFFICE OF AIR AND MARINE OPERATIONS.
(a) Establishment- Subtitle C of title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following
new section:
`SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS.
`(a) Establishment- There is established in the Department an Office of
Air and Marine Operations (referred to in this section as the `Office').
`(b) Assistant Secretary- The Office shall be headed by an Assistant Secretary
for Air and Marine Operations who shall be appointed by the President, by
and with the advice and consent of the Senate, and who shall report directly
to the Secretary. The Assistant Secretary shall be responsible for all functions
and operations of the Office.
`(1) PRIMARY MISSION- The primary mission of the Office shall be the prevention
of the entry of terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband into the United States.
`(2) SECONDARY MISSION- The secondary mission of the Office shall be to
assist other agencies to prevent the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband into
the United States.
`(d) Air and Marine Operations Center-
`(1) IN GENERAL- The Office shall operate and maintain the Air and Marine
Operations Center in Riverside, California, or at such other facility
of the Office as is designated by the Secretary.
`(2) DUTIES- The Center shall provide comprehensive radar, communications,
and control services to the Office and to eligible Federal, State, or
local agencies (as determined by the Assistant Secretary for Air and Marine
Operations), in order to identify, track, and support the interdiction
and apprehension of individuals attempting to enter United States airspace
or coastal waters for the purpose of narcotics trafficking, trafficking
of persons, or other terrorist or criminal activity.
`(e) Access to Information- The Office shall ensure that other agencies
within the Department of Homeland Security, the Department of Defense, the
Department of Justice, and such other Federal, State, or local agencies,
as may be determined by the Secretary, shall have access to the information
gathered and analyzed by the Center.
`(f) Requirement- Beginning not later than 180 days after the date of the
enactment of this Act, the Secretary shall require that all information
concerning all aviation activities, including all airplane, helicopter,
or other aircraft flights, that are undertaken by the either the Office,
United States Immigration and Customs Enforcement, United States Customs
and Border Protection, or any subdivisions thereof, be provided to the Air
and Marine Operations Center. Such information shall include the identifiable
transponder, radar, and electronic emissions and codes originating and resident
aboard the aircraft or similar asset used in the aviation activity.
`(g) Timing- The Secretary shall require the information described in subsection
(f) to be provided to the Air and Marine Operations Center in advance of
the aviation activity whenever practicable for the purpose of timely coordination
and conflict resolution of air missions by the Office, United States Immigration
and Customs Enforcement, and United States Customs and Border Protection.
`(h) Rule of Construction- Nothing in this section shall be construed to
alter, impact, diminish, or in any way undermine the authority of the Administrator
of the Federal Aviation Administration to oversee, regulate, and control
the safe and efficient use of the airspace of the United States.'.
(b) Technical and Conforming Amendments-
(1) ADDITIONAL ASSISTANT SECRETARY- Section 103(a)(9) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(9)) is amended by striking `12'
and inserting `13'.
(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such
Act (6 U.S.C. 101) is amended by inserting after the item relating to
section 430 the following new item:
`Sec. 431. Office of Air and Marine Operations.'.
SEC. 403. SHADOW WOLVES TRANSFER.
(a) Transfer of Existing Unit- Not later that 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall transfer
to United States Immigration and Customs Enforcement all functions (including
the personnel, assets, and liabilities attributable to such functions) of
the Customs Patrol Officers unit operating on the Tohono O'odham Indian
reservation (commonly known as the `Shadow Wolves' unit).
(b) Establishment of New Units- The Secretary is authorized to establish
within United States Immigration and Customs Enforcement additional units
of Customs Patrol Officers in accordance with this section, as appropriate.
(c) Duties- The Customs Patrol Officer unit transferred pursuant to subsection
(a), and additional units established pursuant to subsection (b), shall
operate on Indian lands by preventing the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband into the
United States.
(d) Basic Pay for Journeyman Officers- A Customs Patrol Officer in a unit
described in this section shall receive equivalent pay as a special agent
with similar competencies within United States Immigration and Customs Enforcement
pursuant to the Department of Homeland Security's Human Resources Management
System established under section 841 of the Homeland Security Act (6 U.S.C.
411).
(e) Supervisors- Each unit described in this section shall be supervised
by a Chief Customs Patrol Officer, who shall have the same rank as a resident
agent-in-charge of the Office of Investigations within United States Immigration
and Customs Enforcement.
END
