II 

109TH CONGRESS 

2D SESSION S. 3564 

To provide for comprehensive border security and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2006 

Mr. SANTORUM (for himself, Mr. TALENT, and Mr. ISAKSON) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for comprehensive border security and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Security First Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Reference to the Immigration and Nationality Act. 

Sec. 3. Definitions. 

Sec. 4. Severability. 

TITLE I—BORDER ENFORCEMENT 


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Subtitle A—Assets for Controlling United States Borders 

Sec. 101. Enforcement personnel. 

Sec. 102. Technological assets. 

Sec. 103. Infrastructure. 

Sec. 104. Border patrol checkpoints. 

Sec. 105. Ports of entry. 

Sec. 106. Construction of strategic border fencing and vehicle barriers. 

Subtitle B—Border Security Plans, Strategies, and Reports 

Sec. 111. Surveillance plan. 

Sec. 112. National Strategy for Border Security. 

Sec. 113. Reports on improving the exchange of information on North American security. 

Sec. 114. Improving the security of Mexico’s southern border. 

Sec. 115. Combating human smuggling. 

Sec. 116. Deaths at United States-Mexico border. 

Subtitle C—Other Border Security Initiatives 

Sec. 121. Biometric data enhancements. 

Sec. 122. Secure communication. 

Sec. 123. Border patrol training capacity review. 

Sec. 124. US-VISIT system. 

Sec. 125. Document fraud detection. 

Sec. 126. Improved document integrity. 

Sec. 127. Cancellation of visas. 

Sec. 128. Biometric entry-exit system. 

Sec. 129. Border study. 

Sec. 130. Secure Border Initiative financial accountability. 

Sec. 131. Mandatory detention for aliens apprehended at or between ports of 

entry. 

Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements. 

Sec. 133. Temporary National Guard support for securing the southern land 

border of the United States. 

Sec. 134. Report on incentives to encourage certain members and former Members of the Armed Forces to serve in the Bureau of Customs 

and Border Protection. 

Subtitle D—Border Tunnel Prevention Act 

Sec. 141. Short title. 

Sec. 142. Construction of border tunnel or passage. 

Sec. 143. Directive to the United States Sentencing Commission. 

Subtitle E—Rapid Response Measures 

Sec. 151. Deployment of border patrol agents. 

Sec. 152. Border patrol major assets. 

Sec. 153. Electronic equipment. 

Sec. 154. Personal equipment. 

Sec. 155. Authorization of appropriations. 

TITLE II—BORDER LAW ENFORCEMENT RELIEF 

Subtitle A—Border Law Enforcement Relief Act 


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Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Border relief grant program. 

Sec. 204. Enforcement of Federal immigration law. 

Subtitle B—Additional Law Enforcement Relief 

Sec. 211. State criminal alien assistance program. 

Sec. 212. Transportation and processing of illegal aliens apprehended by State 

and local law enforcement officers. 

Sec. 213. Expedited removal of criminal aliens. 

Sec. 214. Increase of Federal detention space and the utilization of facilities 

identified for closure as a result of the Defense Base Closure 

Realignment Act of 1990. 

Sec. 215. Northern Border Prosecution Initiative. 

Sec. 216. Southwest Border Prosecution Initiative. 

Sec. 217. Law enforcement authority of States and political subdivisions and 

transfer of aliens to Federal custody. 

TITLE III—BORDER INFRASTRUCTURE AND TECHNOLOGY 

MODERNIZATION 

Subtitle A—Border Infrastructure and Technology Modernization Act 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Port of Entry Infrastructure Assessment Study. 

Sec. 304. National Land Border Security Plan. 

Sec. 305. Expansion of commerce security programs. 

Sec. 306. Port of entry technology demonstration program. 

Sec. 307. Authorization of appropriations. 

Subtitle B—Additional Infrastructure Elements 

Sec. 311. Surveillance technologies programs. 

Sec. 312. Border security on certain Federal land. 

Sec. 313. Unmanned aerial vehicles. 

1 SEC. 2. REFERENCE TO THE IMMIGRATION AND NATION2 ALITY ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘‘Department’’ means the Depart5 ment of Homeland Security. 

6 (2) SECRETARY.—Except as otherwise provided, 

7 the term ‘‘Secretary’’ means the Secretary of Home8 land Security. 

9 SEC. 4. SEVERABILITY. 

10 If any provision of this Act, any amendment made 

11 by this Act, or the application of such provision or amend12 ment to any person or circumstance is held to be invalid 

13 for any reason, the remainder of this Act, the amendments 

14 made by this Act, and the application of the provisions 

15 of such to any other person or circumstance shall not be 

16 affected by such holding. 

17 TITLE I—BORDER 

18 ENFORCEMENT 

19 Subtitle A—Assets for Controlling 

20 United States Borders 

21 SEC. 101. ENFORCEMENT PERSONNEL. 

22 (a) ADDITIONAL PERSONNEL.— 

23 (1) PORT OF ENTRY INSPECTORS.—In each of 

24 the fiscal years 2007 through 2011, the Secretary 

25 shall, subject to the availability of appropriations, in26 crease by not less than 500 the number of positions 


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1 for full-time active duty port of entry inspectors and 

2 provide appropriate training, equipment, and sup3 port to such additional inspectors. 

4 (2) INVESTIGATIVE PERSONNEL.— 

5 (A) IMMIGRATION AND CUSTOMS EN6 FORCEMENT INVESTIGATORS.—Section 5203 of 

7 the Intelligence Reform and Terrorism Preven8 tion Act of 2004 (Public Law 108–458; 118 

9 Stat. 3734) is amended by striking ‘‘800’’ and 

10 inserting ‘‘1000’’. 

11 (B) ADDITIONAL PERSONNEL.—In addi12 tion to the positions authorized under section 

13 5203 of the Intelligence Reform and Terrorism 

14 Prevention Act of 2004, as amended by sub15 paragraph (A), during each of the fiscal years 

16 2007 through 2011, the Secretary shall, subject 

17 to the availability of appropriations, increase by 

18 not less than 200 the number of positions for 

19 personnel within the Department assigned to 

20 investigate alien smuggling. 

21 (3) DEPUTY UNITED STATES MARSHALS.—In 

22 each of the fiscal years 2007 through 2011, the At23 torney General shall, subject to the availability of 

24 appropriations, increase by not less than 50 the 

25 number of positions for full-time active duty Deputy 


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1 United States Marshals that investigate criminal 

2 matters related to immigration. 

3 (4) RECRUITMENT OF FORMER MILITARY PER4 SONNEL.— 

5 (A) IN GENERAL.—The Commissioner of 

6 United States Customs and Border Protection, 

7 in conjunction with the Secretary of Defense or 

8 a designee of the Secretary of Defense, shall es9 tablish a program to actively recruit members 

10 of the Army, Navy, Air Force, Marine Corps, 

11 and Coast Guard who have elected to separate 

12 from active duty. 

13 (B) REPORT.—Not later than 180 days 

14 after the date of the enactment of this Act, the 

15 Commissioner shall submit a report on the im16 plementation of the recruitment program estab17 lished pursuant to subparagraph (A) to the 

18 Committee on the Judiciary of the Senate and 

19 the Committee on the Judiciary of the House of 

20 Representatives. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) PORT OF ENTRY INSPECTORS.—There are 

23 authorized to be appropriated to the Secretary such 

24 sums as may be necessary for each of the fiscal 


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1 years 2007 through 2011 to carry out subsection 

2 (a)(1). 

3 (2) DEPUTY UNITED STATES MARSHALS.— 

4 There are authorized to be appropriated to the At5 torney General such sums as may be necessary for 

6 each of the fiscal years 2007 through 2011 to carry 

7 out subsection (a)(3). 

8 (3) BORDER PATROL AGENTS.—Section 5202 of 

9 the Intelligence Reform and Terrorism Prevention 

10 Act of 2004 (118 Stat. 3734) is amended to read as 

11 follows: 

12 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

13 AGENTS. 

14 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home15 land Security shall, subject to the availability of appropria16 tions for such purpose, increase the number of positions 

17 for full-time active-duty border patrol agents within the 

18 Department of Homeland Security (above the number of 

19 such positions for which funds were appropriated for the 

20 preceding fiscal year), by— 

21 ‘‘(1) 2,000 in fiscal year 2006; 

22 ‘‘(2) 2,400 in fiscal year 2007; 

23 ‘‘(3) 2,400 in fiscal year 2008; 

24 ‘‘(4) 2,400 in fiscal year 2009; 

25 ‘‘(5) 2,400 in fiscal year 2010; and 


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1 ‘‘(6) 2,400 in fiscal year 2011. 

2 ‘‘(b) NORTHERN BORDER.—In each of the fiscal 

3 years 2006 through 2011, in addition to the border patrol 

4 agents assigned along the northern border of the United 

5 States during the previous fiscal year, the Secretary shall 

6 assign a number of border patrol agents equal to not less 

7 than 20 percent of the net increase in border patrol agents 

8 during each such fiscal year. 

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for each of fiscal years 2007 through 2011 to 

12 carry out this section.’’. 

13 SEC. 102. TECHNOLOGICAL ASSETS. 

14 (a) ACQUISITION.—Subject to the availability of ap15 propriations, the Secretary shall procure additional un16 manned aerial vehicles, cameras, poles, sensors, and other 

17 technologies necessary to achieve operational control of the 

18 international borders of the United States and to establish 

19 a security perimeter known as a ‘‘virtual fence’’ along such 

20 international borders to provide a barrier to illegal immi21 gration. 

22 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

23 Secretary and the Secretary of Defense shall develop and 

24 implement a plan to use authorities provided to the Sec25 retary of Defense under chapter 18 of title 10, United 


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1 States Code, to increase the availability and use of Depart2 ment of Defense equipment, including unmanned aerial 

3 vehicles, tethered aerostat radars, and other surveillance 

4 equipment, to assist the Secretary in carrying out surveil5 lance activities conducted at or near the international land 

6 borders of the United States to prevent illegal immigra7 tion. 

8 (c) REPORT.—Not later than 6 months after the date 

9 of enactment of this Act, the Secretary and the Secretary 

10 of Defense shall submit to Congress a report that con11 tains— 

12 (1) a description of the current use of Depart13 ment of Defense equipment to assist the Secretary 

14 in carrying out surveillance of the international land 

15 borders of the United States and assessment of the 

16 risks to citizens of the United States and foreign 

17 policy interests associated with the use of such 

18 equipment; 

19 (2) the plan developed under subsection (b) to 

20 increase the use of Department of Defense equip21 ment to assist such surveillance activities; and 

22 (3) a description of the types of equipment and 

23 other support to be provided by the Secretary of De24 fense under such plan during the 1-year period be25 ginning on the date of the submission of the report. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary such 

3 sums as may be necessary for each of the fiscal years 2007 

4 through 2011 to carry out subsection (a). 

5 (e) UNMANNED AERIAL VEHICLE PILOT PRO6 GRAM.—During the 1-year period beginning on the date 

7 on which the report is submitted under subsection (c), the 

8 Secretary shall conduct a pilot program to test unmanned 

9 aerial vehicles for border surveillance along the inter10 national border between Canada and the United States. 

11 (f) CONSTRUCTION.—Nothing in this section may be 

12 construed as altering or amending the prohibition on the 

13 use of any part of the Army or the Air Force as a posse 

14 comitatus under section 1385 of title 18, United States 

15 Code. 

16 SEC. 103. INFRASTRUCTURE. 

17 (a) CONSTRUCTION OF BORDER CONTROL FACILI18 TIES.—Subject to the availability of appropriations, the 

19 Secretary shall construct all-weather roads and acquire 

20 additional vehicle barriers and facilities necessary to 

21 achieve operational control of the international borders of 

22 the United States. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary such 


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1 sums as may be necessary for each of the fiscal years 2007 

2 through 2011 to carry out subsection (a). 

3 SEC. 104. BORDER PATROL CHECKPOINTS. 

4 The Secretary may maintain temporary or permanent 

5 checkpoints on roadways in border patrol sectors that are 

6 located in proximity to the international border between 

7 the United States and Mexico. 

8 SEC. 105. PORTS OF ENTRY. 

9 The Secretary is authorized to— 

10 (1) construct additional ports of entry along the 

11 international land borders of the United States, at 

12 locations to be determined by the Secretary; and 

13 (2) make necessary improvements to the ports 

14 of entry in existence on the date of the enactment 

15 of this Act. 

16 SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENC17 ING AND VEHICLE BARRIERS. 

18 (a) TUCSON SECTOR.—The Secretary shall— 

19 (1) replace all aged, deteriorating, or damaged 

20 primary fencing in the Tucson Sector located proxi21 mate to population centers in Douglas, Nogales, 

22 Naco, and Lukeville, Arizona with double- or triple23 layered fencing running parallel to the international 

24 border between the United States and Mexico; 


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1 (2) extend the double- or triple-layered fencing 

2 for a distance of not less than 2 miles beyond urban 

3 areas, except that the double- or triple-layered fence 

4 shall extend west of Naco, Arizona, for a distance of 

5 10 miles; and 

6 (3) construct not less than 150 miles of vehicle 

7 barriers and all-weather roads in the Tucson Sector 

8 running parallel to the international border between 

9 the United States and Mexico in areas that are 

10 known transit points for illegal cross-border traffic. 

11 (b) YUMA SECTOR.—The Secretary shall— 

12 (1) replace all aged, deteriorating, or damaged 

13 primary fencing in the Yuma Sector located proxi14 mate to population centers in Yuma, Somerton, and 

15 San Luis, Arizona with double- or triple-layered 

16 fencing running parallel to the international border 

17 between the United States and Mexico; 

18 (2) extend the double- or triple-layered fencing 

19 for a distance of not less than 2 miles beyond urban 

20 areas in the Yuma Sector; and 

21 (3) construct not less than 50 miles of vehicle 

22 barriers and all-weather roads in the Yuma Sector 

23 running parallel to the international border between 

24 the United States and Mexico in areas that are 

25 known transit points for illegal cross-border traffic. 


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1 (c) OTHER HIGH TRAFFICKED AREAS.—The Sec2 retary shall construct not less than 370 miles of triple3 layered fencing which may include portions already con4 structed in San Diego Tucson and Yuma Sectors, and 500 

5 miles of vehicle barriers in other areas along the southwest 

6 border that the Secretary determines are areas that are 

7 most often used by smugglers and illegal aliens attempting 

8 to gain illegal entry into the United States. 

9 (d) CONSTRUCTION DEADLINE.—The Secretary shall 

10 immediately commence construction of the fencing, bar11 riers, and roads described in subsections (a), (b), and (c) 

12 and shall complete such construction not later than 2 

13 years after the date of the enactment of this Act. 

14 (e) REPORT.—Not later than 1 year after the date 

15 of the enactment of this Act, the Secretary shall submit 

16 a report to the Committee on the Judiciary of the Senate 

17 and the Committee on the Judiciary of the House of Rep18 resentatives that describes the progress that has been 

19 made in constructing the fencing, barriers, and roads de20 scribed in subsections (a), (b), and (c). 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out this section. 


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1 Subtitle B—Border Security Plans, 

2 Strategies, and Reports 

3 SEC. 111. SURVEILLANCE PLAN. 

4 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

5 develop a comprehensive plan for the systematic surveil6 lance of the international land and maritime borders of 

7 the United States. 

8 (b) CONTENT.—The plan required by subsection (a) 

9 shall include the following: 

10 (1) An assessment of existing technologies em11 ployed on the international land and maritime bor12 ders of the United States. 

13 (2) A description of the compatibility of new 

14 surveillance technologies with surveillance tech15 nologies in use by the Secretary on the date of the 

16 enactment of this Act. 

17 (3) A description of how the Commissioner of 

18 the United States Customs and Border Protection of 

19 the Department is working, or is expected to work, 

20 with the Under Secretary for Science and Tech21 nology of the Department to identify and test sur22 veillance technology. 

23 (4) A description of the specific surveillance 

24 technology to be deployed. 


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1 (5) Identification of any obstacles that may im2 pede such deployment. 

3 (6) A detailed estimate of all costs associated 

4 with such deployment and with continued mainte5 nance of such technologies. 

6 (7) A description of how the Secretary is work7 ing with the Administrator of the Federal Aviation 

8 Administration on safety and airspace control issues 

9 associated with the use of unmanned aerial vehicles. 

10 (c) SUBMISSION TO CONGRESS.—Not later than 6 

11 months after the date of the enactment of this Act, the 

12 Secretary shall submit to Congress the plan required by 

13 this section. 

14 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

15 (a) REQUIREMENT FOR STRATEGY.—The Secretary, 

16 in consultation with the heads of other appropriate Fed17 eral agencies, shall develop a National Strategy for Border 

18 Security that describes actions to be carried out to achieve 

19 operational control over all ports of entry into the United 

20 States and the international land and maritime borders 

21 of the United States. 

22 (b) CONTENT.—The National Strategy for Border 

23 Security shall include the following: 


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1 (1) The implementation schedule for the com2 prehensive plan for systematic surveillance described 

3 in section 111. 

4 (2) An assessment of the threat posed by ter5 rorists and terrorist groups that may try to infiltrate 

6 the United States at locations along the inter7 national land and maritime borders of the United 

8 States. 

9 (3) A risk assessment for all United States 

10 ports of entry and all portions of the international 

11 land and maritime borders of the United States that 

12 includes a description of activities being under13 taken— 

14 (A) to prevent the entry of terrorists, other 

15 unlawful aliens, instruments of terrorism, nar16 cotics, and other contraband into the United 

17 States; and 

18 (B) to protect critical infrastructure at or 

19 near such ports of entry or borders. 

20 (4) An assessment of the legal requirements 

21 that prevent achieving and maintaining operational 

22 control over the entire international land and mari23 time borders of the United States. 

24 (5) An assessment of the most appropriate, 

25 practical, and cost-effective means of defending the 


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1 international land and maritime borders of the 

2 United States against threats to security and illegal 

3 transit, including intelligence capacities, technology, 

4 equipment, personnel, and training needed to ad5 dress security vulnerabilities. 

6 (6) An assessment of staffing needs for all bor7 der security functions, taking into account threat 

8 and vulnerability information pertaining to the bor9 ders and the impact of new security programs, poli10 cies, and technologies. 

11 (7) A description of the border security roles 

12 and missions of Federal, State, regional, local, and 

13 tribal authorities, and recommendations regarding 

14 actions the Secretary can carry out to improve co15 ordination with such authorities to enable border se16 curity and enforcement activities to be carried out in 

17 a more efficient and effective manner. 

18 (8) An assessment of existing efforts and tech19 nologies used for border security and the effect of 

20 the use of such efforts and technologies on civil 

21 rights, personal property rights, privacy rights, and 

22 civil liberties, including an assessment of efforts to 

23 take into account asylum seekers, trafficking vic24 tims, unaccompanied minor aliens, and other vulner25 able populations. 


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1 (9) A prioritized list of research and develop2 ment objectives to enhance the security of the inter3 national land and maritime borders of the United 

4 States. 

5 (10) A description of ways to ensure that the 

6 free flow of travel and commerce is not diminished 

7 by efforts, activities, and programs aimed at secur8 ing the international land and maritime borders of 

9 the United States. 

10 (11) An assessment of additional detention fa11 cilities and beds that are needed to detain unlawful 

12 aliens apprehended at United States ports of entry 

13 or along the international land borders of the United 

14 States. 

15 (12) A description of the performance metrics 

16 to be used to ensure accountability by the bureaus 

17 of the Department in implementing such Strategy. 

18 (13) A schedule for the implementation of the 

19 security measures described in such Strategy, includ20 ing a prioritization of security measures, realistic 

21 deadlines for addressing the security and enforce22 ment needs, an estimate of the resources needed to 

23 carry out such measures, and a description of how 

24 such resources should be allocated. 


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1 (c) CONSULTATION.—In developing the National 

2 Strategy for Border Security, the Secretary shall consult 

3 with representatives of— 

4 (1) State, local, and tribal authorities with re5 sponsibility for locations along the international land 

6 and maritime borders of the United States; and 

7 (2) appropriate private sector entities, non8 governmental organizations, and affected commu9 nities that have expertise in areas related to border 

10 security. 

11 (d) COORDINATION.—The National Strategy for Bor12 der Security shall be consistent with the National Strategy 

13 for Maritime Security developed pursuant to Homeland 

14 Security Presidential Directive 13, dated December 21, 

15 2004. 

16 (e) SUBMISSION TO CONGRESS.— 

17 (1) STRATEGY.—Not later than 1 year after the 

18 date of the enactment of this Act, the Secretary 

19 shall submit to Congress the National Strategy for 

20 Border Security. 

21 (2) UPDATES.—The Secretary shall submit to 

22 Congress any update of such Strategy that the Sec23 retary determines is necessary, not later than 30 

24 days after such update is developed. 


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1 (f) IMMEDIATE ACTION.—Nothing in this section or 

2 section 111 may be construed to relieve the Secretary of 

3 the responsibility to take all actions necessary and appro4 priate to achieve and maintain operational control over the 

5 entire international land and maritime borders of the 

6 United States. 

7 SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF IN8 FORMATION ON NORTH AMERICAN SECU9 RITY. 

10 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

11 year after the date of the enactment of this Act, and annu12 ally thereafter, the Secretary of State, in coordination with 

13 the Secretary and the heads of other appropriate Federal 

14 agencies, shall submit to Congress a report on improving 

15 the exchange of information related to the security of 

16 North America. 

17 (b) CONTENTS.—Each report submitted under sub18 section (a) shall contain a description of the following: 

19 (1) SECURITY CLEARANCES AND DOCUMENT IN20 TEGRITY.—The progress made toward the develop21 ment of common enrollment, security, technical, and 

22 biometric standards for the issuance, authentication, 

23 validation, and repudiation of secure documents, in24 cluding— 


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1 (A) technical and biometric standards 

2 based on best practices and consistent with 

3 international standards for the issuance, au4 thentication, validation, and repudiation of trav5 el documents, including— 

6 (i) passports; 

7 (ii) visas; and 

8 (iii) permanent resident cards; 

9 (B) working with Canada and Mexico to 

10 encourage foreign governments to enact laws to 

11 combat alien smuggling and trafficking, and 

12 laws to forbid the use and manufacture of 

13 fraudulent travel documents and to promote in14 formation sharing; 

15 (C) applying the necessary pressures and 

16 support to ensure that other countries meet 

17 proper travel document standards and are com18 mitted to travel document verification before 

19 the citizens of such countries travel internation20 ally, including travel by such citizens to the 

21 United States; and 

22 (D) providing technical assistance for the 

23 development and maintenance of a national 

24 database built upon identified best practices for 


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1 biometrics associated with visa and travel docu2 ments. 

3 (2) IMMIGRATION AND VISA MANAGEMENT.— 

4 The progress of efforts to share information regard5 ing high-risk individuals who may attempt to enter 

6 Canada, Mexico, or the United States, including the 

7 progress made— 

8 (A) in implementing the Statement of Mu9 tual Understanding on Information Sharing, 

10 signed by Canada and the United States in 

11 February 2003; and 

12 (B) in identifying trends related to immi13 gration fraud, including asylum and document 

14 fraud, and to analyze such trends. 

15 (3) VISA POLICY COORDINATION AND IMMIGRA16 TION SECURITY.—The progress made by Canada, 

17 Mexico, and the United States to enhance the secu18 rity of North America by cooperating on visa policy 

19 and identifying best practices regarding immigration 

20 security, including the progress made— 

21 (A) in enhancing consultation among offi22 cials who issue visas at the consulates or em23 bassies of Canada, Mexico, or the United States 

24 throughout the world to share information, 

25 trends, and best practices on visa flows; 


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1 (B) in comparing the procedures and poli2 cies of Canada and the United States related to 

3 visitor visa processing, including— 

4 (i) application process; 

5 (ii) interview policy; 

6 (iii) general screening procedures; 

7 (iv) visa validity; 

8 (v) quality control measures; and 

9 (vi) access to appeal or review; 

10 (C) in exploring methods for Canada, Mex11 ico, and the United States to waive visa re12 quirements for nationals and citizens of the 

13 same foreign countries; 

14 (D) in providing technical assistance for 

15 the development and maintenance of a national 

16 database built upon identified best practices for 

17 biometrics associated with immigration viola18 tors; 

19 (E) in developing and implementing an im20 migration security strategy for North America 

21 that works toward the development of a com22 mon security perimeter by enhancing technical 

23 assistance for programs and systems to support 

24 advanced automated reporting and risk tar25 geting of international passengers; 


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1 (F) in sharing information on lost and sto2 len passports on a real-time basis among immi3 gration or law enforcement officials of Canada, 

4 Mexico, and the United States; and 

5 (G) in collecting 10 fingerprints from each 

6 individual who applies for a visa. 

7 (4) NORTH AMERICAN VISITOR OVERSTAY PRO8 GRAM.—The progress made by Canada and the 

9 United States in implementing parallel entry-exit 

10 tracking systems that, while respecting the privacy 

11 laws of both countries, share information regarding 

12 third country nationals who have overstayed their 

13 period of authorized admission in either Canada or 

14 the United States. 

15 (5) TERRORIST WATCH LISTS.—The progress 

16 made in enhancing the capacity of the United States 

17 to combat terrorism through the coordination of 

18 counterterrorism efforts, including the progress 

19 made— 

20 (A) in developing and implementing bilat21 eral agreements between Canada and the 

22 United States and between Mexico and the 

23 United States to govern the sharing of terrorist 

24 watch list data and to comprehensively enuVerDate Aug 31 2005 00:35 Jun 28, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3564.IS S3564

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1 merate the uses of such data by the govern2 ments of each country; 

3 (B) in establishing appropriate linkages 

4 among Canada, Mexico, and the United States 

5 Terrorist Screening Center; and 

6 (C) in exploring with foreign governments 

7 the establishment of a multilateral watch list 

8 mechanism that would facilitate direct coordina9 tion between the country that identifies an indi10 vidual as an individual included on a watch list, 

11 and the country that owns such list, including 

12 procedures that satisfy the security concerns 

13 and are consistent with the privacy and other 

14 laws of each participating country. 

15 (6) MONEY LAUNDERING, CURRENCY SMUG16 GLING, AND ALIEN SMUGGLING.—The progress made 

17 in improving information sharing and law enforce18 ment cooperation in combating organized crime, in19 cluding the progress made— 

20 (A) in combating currency smuggling, 

21 money laundering, alien smuggling, and traf22 ficking in alcohol, firearms, and explosives; 

23 (B) in implementing the agreement be24 tween Canada and the United States known as 

25 the Firearms Trafficking Action Plan; 


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1 (C) in determining the feasibility of formu2 lating a firearms trafficking action plan be3 tween Mexico and the United States; 

4 (D) in developing a joint threat assessment 

5 on organized crime between Canada and the 

6 United States; 

7 (E) in determining the feasibility of formu8 lating a joint threat assessment on organized 

9 crime between Mexico and the United States; 

10 (F) in developing mechanisms to exchange 

11 information on findings, seizures, and capture 

12 of individuals transporting undeclared currency; 

13 and 

14 (G) in developing and implementing a plan 

15 to combat the transnational threat of illegal 

16 drug trafficking. 

17 (7) LAW ENFORCEMENT COOPERATION.—The 

18 progress made in enhancing law enforcement co19 operation among Canada, Mexico, and the United 

20 States through enhanced technical assistance for the 

21 development and maintenance of a national database 

22 built upon identified best practices for biometrics as23 sociated with known and suspected criminals or ter24 rorists, including exploring the formation of law en25 forcement teams that include personnel from the 


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1 United States and Mexico, and appropriate proce2 dures for such teams. 

3 SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTH4 ERN BORDER. 

5 (a) TECHNICAL ASSISTANCE.—The Secretary of 

6 State, in coordination with the Secretary, shall work to 

7 cooperate with the head of Foreign Affairs Canada and 

8 the appropriate officials of the Government of Mexico to 

9 establish a program— 

10 (1) to assess the specific needs of Guatemala 

11 and Belize in maintaining the security of the inter12 national borders of such countries; 

13 (2) to use the assessment made under para14 graph (1) to determine the financial and technical 

15 support needed by Guatemala and Belize from Can16 ada, Mexico, and the United States to meet such 

17 needs; 

18 (3) to provide technical assistance to Guatemala 

19 and Belize to promote issuance of secure passports 

20 and travel documents by such countries; and 

21 (4) to encourage Guatemala and Belize— 

22 (A) to control alien smuggling and traf23 ficking; 

24 (B) to prevent the use and manufacture of 

25 fraudulent travel documents; and 


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1 (C) to share relevant information with 

2 Mexico, Canada, and the United States. 

3 (b) BORDER SECURITY FOR BELIZE, GUATEMALA, 

4 AND MEXICO.—The Secretary, in consultation with the 

5 Secretary of State, shall work to cooperate— 

6 (1) with the appropriate officials of the Govern7 ment of Guatemala and the Government of Belize to 

8 provide law enforcement assistance to Guatemala 

9 and Belize that specifically addresses immigration 

10 issues to increase the ability of the Government of 

11 Guatemala to dismantle human smuggling organiza12 tions and gain additional control over the inter13 national border between Guatemala and Belize; and 

14 (2) with the appropriate officials of the Govern15 ment of Belize, the Government of Guatemala, the 

16 Government of Mexico, and the governments of 

17 neighboring contiguous countries to establish a pro18 gram to provide needed equipment, technical assist19 ance, and vehicles to manage, regulate, and patrol 

20 the international borders between Mexico and Guate21 mala and between Mexico and Belize. 

22 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

23 Secretary of State, in coordination with the Secretary and 

24 the Director of the Federal Bureau of Investigation, shall 

25 work to cooperate with the appropriate officials of the 


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1 Government of Mexico, the Government of Guatemala, the 

2 Government of Belize, and the governments of other Cen3 tral American countries— 

4 (1) to assess the direct and indirect impact on 

5 the United States and Central America of deporting 

6 violent criminal aliens; 

7 (2) to establish a program and database to 

8 track individuals involved in Central American gang 

9 activities; 

10 (3) to develop a mechanism that is acceptable 

11 to the governments of Belize, Guatemala, Mexico, 

12 the United States, and other appropriate countries 

13 to notify such a government if an individual sus14 pected of gang activity will be deported to that coun15 try prior to the deportation and to provide support 

16 for the reintegration of such deportees into that 

17 country; and 

18 (4) to develop an agreement to share all rel19 evant information related to individuals connected 

20 with Central American gangs. 

21 (d) LIMITATIONS ON ASSISTANCE.—Any funds made 

22 available to carry out this section shall be subject to the 

23 limitations contained in section 551 of the Foreign Oper24 ations, Export Financing, and Related Programs ApproVerDate Aug 31 2005 00:35 Jun 28, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3564.IS S3564

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1 priations Act of 2006 (Public Law 109–102; 119 Stat. 

2 2218). 

3 SEC. 115. COMBATING HUMAN SMUGGLING. 

4 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

5 develop and implement a plan to improve coordination be6 tween the Bureau of Immigration and Customs Enforce7 ment and the Bureau of Customs and Border Protection 

8 of the Department and any other Federal, State, local, 

9 or tribal authorities, as determined appropriate by the 

10 Secretary, to improve coordination efforts to combat 

11 human smuggling. 

12 (b) CONTENT.—In developing the plan required by 

13 subsection (a), the Secretary shall consider— 

14 (1) the interoperability of databases utilized to 

15 prevent human smuggling; 

16 (2) adequate and effective personnel training; 

17 (3) methods and programs to effectively target 

18 networks that engage in such smuggling; 

19 (4) effective utilization of— 

20 (A) visas for victims of trafficking and 

21 other crimes; and 

22 (B) investigatory techniques, equipment, 

23 and procedures that prevent, detect, and pros24 ecute international money laundering and other 

25 operations that are utilized in smuggling; 


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1 (5) joint measures with the Secretary of State 

2 to enhance intelligence sharing and cooperation with 

3 foreign governments whose citizens are preyed on by 

4 human smugglers; and 

5 (6) other measures that the Secretary considers 

6 appropriate to combat human smuggling. 

7 (c) REPORT.—Not later than 1 year after imple8 menting the plan described in subsection (a), the Sec9 retary shall submit to Congress a report on such plan, in10 cluding any recommendations for legislative action to im11 prove efforts to combating human smuggling. 

12 (d) SAVINGS PROVISION.—Nothing in this section 

13 may be construed to provide additional authority to any 

14 State or local entity to enforce Federal immigration laws. 

15 SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER. 

16 (a) COLLECTION OF STATISTICS.—The Commis17 sioner of the Bureau of Customs and Border Protection 

18 shall collect statistics relating to deaths occurring at the 

19 border between the United States and Mexico, including— 

20 (1) the causes of the deaths; and 

21 (2) the total number of deaths. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, and annually thereafter, the 

24 Commissioner of the Bureau of Customs and Border Pro25 tection shall submit to the Secretary a report that— 


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1 (1) analyzes trends with respect to the statistics 

2 collected under subsection (a) during the preceding 

3 year; and 

4 (2) recommends actions to reduce the deaths 

5 described in subsection (a). 

6 Subtitle C—Other Border Security 

7 Initiatives 

8 SEC. 121. BIOMETRIC DATA ENHANCEMENTS. 

9 Not later than October 1, 2007, the Secretary shall— 

10 (1) in consultation with the Attorney General, 

11 enhance connectivity between the Automated Bio12 metric Fingerprint Identification System (IDENT) 

13 of the Department and the Integrated Automated 

14 Fingerprint Identification System (IAFIS) of the 

15 Federal Bureau of Investigation to ensure more ex16 peditious data searches; and 

17 (2) in consultation with the Secretary of State, 

18 collect all fingerprints from each alien required to 

19 provide fingerprints during the alien’s initial enroll20 ment in the integrated entry and exit data system 

21 described in section 110 of the Illegal Immigration 

22 Reform and Immigrant Responsibility Act of 1996 

23 (8 U.S.C. 1365a). 


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1 SEC. 122. SECURE COMMUNICATION. 

2 The Secretary shall, as expeditiously as practicable, 

3 develop and implement a plan to improve the use of sat4 ellite communications and other technologies to ensure 

5 clear and secure 2-way communication capabilities— 

6 (1) among all border patrol agents conducting 

7 operations between ports of entry; 

8 (2) between border patrol agents and their re9 spective border patrol stations; 

10 (3) between border patrol agents and residents 

11 in remote areas along the international land borders 

12 of the United States; and 

13 (4) between all appropriate border security 

14 agencies of the Department and State, local, and 

15 tribal law enforcement agencies. 

16 SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall conduct a review of the basic training 

19 provided to border patrol agents by the Secretary to en20 sure that such training is provided as efficiently and cost21 effectively as possible. 

22 (b) COMPONENTS OF REVIEW.—The review under 

23 subsection (a) shall include the following components: 

24 (1) An evaluation of the length and content of 

25 the basic training curriculum provided to new border 

26 patrol agents by the Federal Law Enforcement 


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1 Training Center, including a description of how such 

2 curriculum has changed since September 11, 2001, 

3 and an evaluation of language and cultural diversity 

4 training programs provided within such curriculum. 

5 (2) A review and a detailed breakdown of the 

6 costs incurred by the Bureau of Customs and Bor7 der Protection and the Federal Law Enforcement 

8 Training Center to train 1 new border patrol agent. 

9 (3) A comparison, based on the review and 

10 breakdown under paragraph (2), of the costs, effec11 tiveness, scope, and quality, including geographic 

12 characteristics, with other similar training programs 

13 provided by State and local agencies, nonprofit orga14 nizations, universities, and the private sector. 

15 (4) An evaluation of whether utilizing com16 parable non-Federal training programs, proficiency 

17 testing, and long-distance learning programs may af18 fect— 

19 (A) the cost-effectiveness of increasing the 

20 number of border patrol agents trained per 

21 year; 

22 (B) the per agent costs of basic training; 

23 and 


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1 (C) the scope and quality of basic training 

2 needed to fulfill the mission and duties of a bor3 der patrol agent. 

4 SEC. 124. US–VISIT SYSTEM. 

5 Not later than 6 months after the date of the enact6 ment of this Act, the Secretary, in consultation with the 

7 heads of other appropriate Federal agencies, shall submit 

8 to Congress a schedule for— 

9 (1) equipping all land border ports of entry of 

10 the United States with the U.S.-Visitor and Immi11 grant Status Indicator Technology (US–VISIT) sys12 tem implemented under section 110 of the Illegal 

13 Immigration Reform and Immigrant Responsibility 

14 Act of 1996 (8 U.S.C. 1365a); 

15 (2) developing and deploying at such ports of 

16 entry the exit component of the US–VISIT system; 

17 and 

18 (3) making interoperable all immigration 

19 screening systems operated by the Secretary. 

20 SEC. 125. DOCUMENT FRAUD DETECTION. 

21 (a) TRAINING.—Subject to the availability of appro22 priations, the Secretary shall provide all Customs and 

23 Border Protection officers with training in identifying and 

24 detecting fraudulent travel documents. Such training shall 

25 be developed in consultation with the head of the Forensic 


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1 Document Laboratory of the Bureau of Immigration and 

2 Customs Enforcement. 

3 (b) FORENSIC DOCUMENT LABORATORY.—The Sec4 retary shall provide all Customs and Border Protection of5 ficers with access to the Forensic Document Laboratory. 

6 (c) ASSESSMENT.— 

7 (1) REQUIREMENT FOR ASSESSMENT.—The In8 spector General of the Department shall conduct an 

9 independent assessment of the accuracy and reli10 ability of the Forensic Document Laboratory. 

11 (2) REPORT TO CONGRESS.—Not later than 6 

12 months after the date of the enactment of this Act, 

13 the Inspector General shall submit to Congress the 

14 findings of the assessment required by paragraph 

15 (1). 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary such 

18 sums as may be necessary for each of fiscal years 2007 

19 through 2011 to carry out this section. 

20 SEC. 126. IMPROVED DOCUMENT INTEGRITY. 

21 (a) IN GENERAL.—Section 303 of the Enhanced Bor22 der Security and Visa Entry Reform Act of 2002 (8 

23 U.S.C. 1732) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 it appears and inserting ‘‘Secretary of Homeland Se3 curity’’; 

4 (2) in the heading, by striking ‘‘ENTRY AND

5 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

6 ENTRY DOCUMENTS AND EVIDENCE OF STA7 TUS’’; 

8 (3) in subsection (b)(1)— 

9 (A) by striking ‘‘Not later than October 

10 26, 2004, the’’ and inserting ‘‘The’’; and 

11 (B) by striking ‘‘visas and’’ both places it 

12 appears and inserting ‘‘visas, evidence of status, 

13 and’’; 

14 (4) by redesignating subsection (d) as sub15 section (e); and 

16 (5) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) OTHER DOCUMENTS.—Not later than October 

19 26, 2007, every document, other than an interim docu20 ment, issued by the Secretary of Homeland Security, 

21 which may be used as evidence of an alien’s status as an 

22 immigrant, nonimmigrant, parolee, asylee, or refugee, 

23 shall be machine-readable and tamper-resistant, and shall 

24 incorporate a biometric identifier to allow the Secretary 


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1 of Homeland Security to verify electronically the identity 

2 and status of the alien.’’. 

3 SEC. 127. CANCELLATION OF VISAS. 

4 Section 222(g) (8 U.S.C. 1202(g)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘Attorney General’’ and in7 serting ‘‘Secretary of Homeland Security’’; and 

8 (B) by inserting ‘‘and any other non9 immigrant visa issued by the United States that 

10 is in the possession of the alien’’ after ‘‘such 

11 visa’’; and 

12 (2) in paragraph (2)(A), by striking ‘‘(other 

13 than the visa described in paragraph (1)) issued in 

14 a consular office located in the country of the alien’s 

15 nationality’’ and inserting ‘‘(other than a visa de16 scribed in paragraph (1)) issued in a consular office 

17 located in the country of the alien’s nationality or 

18 foreign residence’’. 

19 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. 

20 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

21 DEPARTING THE UNITED STATES.—Section 215 (8 

22 U.S.C. 1185) is amended— 

23 (1) by redesignating subsection (c) as sub24 section (g); 


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1 (2) by moving subsection (g), as redesignated 

2 by paragraph (1), to the end; and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) The Secretary of Homeland Security is author6 ized to require aliens departing the United States to pro7 vide biometric data and other information relating to their 

8 immigration status.’’. 

9 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

10 Section 235(d) (8 U.S.C. 1225(d)) is amended by adding 

11 at the end the following: 

12 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

13 DATA.—In conducting inspections under subsection 

14 (b), immigration officers are authorized to collect bi15 ometric data from— 

16 ‘‘(A) any applicant for admission or alien 

17 seeking to transit through the United States; or 

18 ‘‘(B) any lawful permanent resident who is 

19 entering the United States and who is not re20 garded as seeking admission pursuant to sec21 tion 101(a)(13)(C).’’. 

22 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

23 CREWMEN.—Section 252 (8 U.S.C. 1282) is amended by 

24 adding at the end the following: 


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1 ‘‘(d) An immigration officer is authorized to collect 

2 biometric data from an alien crewman seeking permission 

3 to land temporarily in the United States.’’. 

4 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

5 U.S.C. 1182) is amended— 

6 (1) in subsection (a)(7), by adding at the end 

7 the following: 

8 ‘‘(C) WITHHOLDERS OF BIOMETRIC

9 DATA.—Any alien who knowingly fails to com10 ply with a lawful request for biometric data 

11 under section 215(c) or 235(d) is inadmis12 sible.’’; and 

13 (2) in subsection (d), by inserting after para14 graph (1) the following: 

15 ‘‘(2) The Secretary of Homeland Security shall 

16 determine whether a ground for inadmissibility ex17 ists with respect to an alien described in subpara18 graph (C) of subsection (a)(7) and may waive the 

19 application of such subparagraph for an individual 

20 alien or a class of aliens, at the discretion of the 

21 Secretary.’’. 

22 (e) IMPLEMENTATION.—Section 7208 of the 9/11 

23 Commission Implementation Act of 2004 (8 U.S.C. 

24 1365b) is amended— 


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1 (1) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(3) IMPLEMENTATION.—In fully implementing 

4 the automated biometric entry and exit data system 

5 under this section, the Secretary is not required to 

6 comply with the requirements of chapter 5 of title 5, 

7 United States Code (commonly referred to as the 

8 Administrative Procedure Act) or any other law re9 lating to rulemaking, information collection, or pub10 lication in the Federal Register.’’; and 

11 (2) in subsection (l)— 

12 (A) by striking ‘‘There are authorized’’ 

13 and inserting the following: 

14 ‘‘(1) IN GENERAL.—There are authorized’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

17 PORTS OF ENTRY.—There are authorized to be ap18 propriated such sums as may be necessary for each 

19 of fiscal years 2007 and 2008 to implement the 

20 automated biometric entry and exit data system at 

21 all land border ports of entry.’’. 

22 SEC. 129. BORDER STUDY. 

23 (a) SOUTHERN BORDER STUDY.—The Secretary, in 

24 consultation with the Attorney General, the Secretary of 

25 the Interior, the Secretary of Agriculture, the Secretary 


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1 of Defense, the Secretary of Commerce, and the Adminis2 trator of the Environmental Protection Agency, shall con3 duct a study on the construction of a system of physical 

4 barriers along the southern international land and mari5 time border of the United States. 

6 (b) REPORT.—Not later than 9 months after the date 

7 of the enactment of this Act, the Secretary shall submit 

8 to Congress a report on the study described in subsection 

9 (a). 

10 SEC. 130. SECURE BORDER INITIATIVE FINANCIAL AC11 COUNTABILITY. 

12 (a) IN GENERAL.—The Inspector General of the De13 partment shall review each contract action relating to the 

14 Secure Border Initiative having a value of more than 

15 $20,000,000, to determine whether each such action fully 

16 complies with applicable cost requirements, performance 

17 objectives, program milestones, inclusion of small, minor18 ity, and women-owned business, and time lines. The In19 spector General shall complete a review under this sub20 section with respect to each contract action— 

21 (1) not later than 60 days after the date of the 

22 initiation of the action; and 

23 (2) upon the conclusion of the performance of 

24 the contract. 

25 (b) INSPECTOR GENERAL.— 


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1 (1) ACTION.—If the Inspector General becomes 

2 aware of any improper conduct or wrongdoing in the 

3 course of conducting a contract review under sub4 section (a), the Inspector General shall, as expedi5 tiously as practicable, refer information relating to 

6 such improper conduct or wrongdoing to the Sec7 retary, or to another appropriate official of the De8 partment, who shall determine whether to tempo9 rarily suspend the contractor from further participa10 tion in the Secure Border Initiative. 

11 (2) REPORT.—Upon the completion of each re12 view described in subsection (a), the Inspector Gen13 eral shall submit to the Secretary a report con14 taining the findings of the review, including findings 

15 regarding— 

16 (A) cost overruns; 

17 (B) significant delays in contract execu18 tion; 

19 (C) lack of rigorous departmental contract 

20 management; 

21 (D) insufficient departmental financial 

22 oversight; 

23 (E) bundling that limits the ability of 

24 small businesses to compete; or 

25 (F) other high-risk business practices. 


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1 (c) REPORTS BY THE SECRETARY.— 

2 (1) IN GENERAL.—Not later than 30 days after 

3 the receipt of each report required under subsection 

4 (b)(2), the Secretary shall submit a report, to the 

5 Committee on the Judiciary of the Senate and the 

6 Committee on the Judiciary of the House of Rep7 resentatives, that describes— 

8 (A) the findings of the report received 

9 from the Inspector General; and 

10 (B) the steps the Secretary has taken, or 

11 plans to take, to address the problems identified 

12 in such report. 

13 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

14 Not later than 60 days after the initiation of each 

15 contract action with a company whose headquarters 

16 is not based in the United States, the Secretary 

17 shall submit a report to the Committee on the Judi18 ciary of the Senate and the Committee on the Judi19 ciary of the House of Representatives, regarding the 

20 Secure Border Initiative. 

21 (d) REPORTS ON UNITED STATES PORTS.—Not later 

22 than 30 days after receiving information regarding a pro23 posed purchase of a contract to manage the operations of 

24 a United States port by a foreign entity, the Committee 


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1 on Foreign Investment in the United States shall submit 

2 a report to Congress that describes— 

3 (1) the proposed purchase; 

4 (2) any security concerns related to the pro5 posed purchase; and 

6 (3) the manner in which such security concerns 

7 have been addressed. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi9 tion to amounts that are otherwise authorized to be appro10 priated to the Office of the Inspector General of the De11 partment, there are authorized to be appropriated to the 

12 Office, to enable the Office to carry out this section— 

13 (1) for fiscal year 2007, not less than 5 percent 

14 of the overall budget of the Office for such fiscal 

15 year; 

16 (2) for fiscal year 2008, not less than 6 percent 

17 of the overall budget of the Office for such fiscal 

18 year; and 

19 (3) for fiscal year 2009, not less than 7 percent 

20 of the overall budget of the Office for such fiscal 

21 year. 

22 SEC. 131. MANDATORY DETENTION FOR ALIENS APPRE23 HENDED AT OR BETWEEN PORTS OF ENTRY. 

24 (a) IN GENERAL.—Beginning on October 1, 2007, an 

25 alien (other than a national of Mexico) who is attempting 


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1 to illegally enter the United States and who is appre2 hended at a United States port of entry or along the inter3 national land and maritime border of the United States 

4 shall be detained until removed or a final decision granting 

5 admission has been determined, unless the alien— 

6 (1) is permitted to withdraw an application for 

7 admission under section 235(a)(4) of the Immigra8 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 

9 immediately departs from the United States pursu10 ant to such section; or 

11 (2) is paroled into the United States by the 

12 Secretary for urgent humanitarian reasons or sig13 nificant public benefit in accordance with section 

14 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 

15 (b) REQUIREMENTS DURING INTERIM PERIOD.—Be16 ginning 60 days after the date of the enactment of this 

17 Act and before October 1, 2007, an alien described in sub18 section (a) may be released with a notice to appear only 

19 if— 

20 (1) the Secretary determines, after conducting 

21 all appropriate background and security checks on 

22 the alien, that the alien does not pose a national se23 curity risk; and 

24 (2) the alien provides a bond of not less than 

25 $5,000. 


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1 (c) RULES OF CONSTRUCTION.— 

2 (1) ASYLUM AND REMOVAL.—Nothing in this 

3 section shall be construed as limiting the right of an 

4 alien to apply for asylum or for relief or deferral of 

5 removal based on a fear of persecution. 

6 (2) TREATMENT OF CERTAIN ALIENS.—The 

7 mandatory detention requirement in subsection (a) 

8 does not apply to any alien who is a native or citizen 

9 of a country in the Western Hemisphere with whose 

10 government the United States does not have full dip11 lomatic relations. 

12 (3) DISCRETION.—Nothing in this section shall 

13 be construed as limiting the authority of the Sec14 retary, in the Secretary’s sole unreviewable discre15 tion, to determine whether an alien described in 

16 clause (ii) of section 235(b)(1)(B) of the Immigra17 tion and Nationality Act shall be detained or re18 leased after a finding of a credible fear of persecu19 tion (as defined in clause (v) of such section). 

20 SEC. 132. EVASION OF INSPECTION OR VIOLATION OF AR21 RIVAL, REPORTING, ENTRY, OR CLEARANCE 

22 REQUIREMENTS. 

23 (a) IN GENERAL.—Chapter 27 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 555. Evasion of inspection or during violation of 

2 arrival, reporting, entry, or clearance re3 quirements 

4 ‘‘(a) PROHIBITION.—A person shall be punished as 

5 described in subsection (b) if such person attempts to 

6 elude or eludes customs, immigration, or agriculture in7 spection or fails to stop at the command of an officer or 

8 employee of the United States charged with enforcing the 

9 immigration, customs, or other laws of the United States 

10 at a port of entry or customs or immigration checkpoint. 

11 ‘‘(b) PENALTIES.—A person who commits an offense 

12 described in subsection (a) shall be— 

13 ‘‘(1) fined under this title; 

14 ‘‘(2)(A) imprisoned for not more than 3 years, 

15 or both; 

16 ‘‘(B) imprisoned for not more than 10 years, or 

17 both, if in commission of this violation, attempts to 

18 inflict or inflicts bodily injury (as defined in section 

19 1365(g) of this title); or 

20 ‘‘(C) imprisoned for any term of years or for 

21 life, or both, if death results, and may be sentenced 

22 to death; or 

23 ‘‘(3) both fined and imprisoned under this sub24 section. 

25 ‘‘(c) CONSPIRACY.—If 2 or more persons conspire to 

26 commit an offense described in subsection (a), and 1 or 


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1 more of such persons do any act to effect the object of 

2 the conspiracy, each shall be punishable as a principal, ex3 cept that the sentence of death may not be imposed. 

4 ‘‘(d) PRIMA FACIE EVIDENCE.—For the purposes of 

5 seizure and forfeiture under applicable law, in the case of 

6 use of a vehicle or other conveyance in the commission 

7 of this offense, or in the case of disregarding or disobeying 

8 the lawful authority or command of any officer or em9 ployee of the United States under section 111(b), such 

10 conduct shall constitute prima facie evidence of smuggling 

11 aliens or merchandise.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sec13 tions for chapter 27 of title 18, United States Code, is 

14 amended by adding at the end the following: 

‘‘555. Evasion of inspection or during violation of arrival, reporting, entry, or 

clearance requirements.’’. 

15 (c) FAILURE TO OBEY BORDER ENFORCEMENT OF16 FICERS.—Section 111 of title 18, United States Code, is 

17 amended by inserting after subsection (b) the following: 

18 ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR19 DER ENFORCEMENT OFFICERS.—Whoever willfully dis20 regards or disobeys the lawful authority or command of 

21 any officer or employee of the United States charged with 

22 enforcing the immigration, customs, or other laws of the 

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1 formance of official duties shall be fined under this title 

2 or imprisoned for not more than 5 years, or both.’’. 

3 SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SE4 CURING THE SOUTHERN LAND BORDER OF 

5 THE UNITED STATES. 

6 (a) AUTHORITY TO PROVIDE ASSISTANCE.— 

7 (1) ANNUAL TRAINING DUTY.—With the ap8 proval of the Secretary of Defense, the Governor of 

9 a State may order any units or personnel of the Na10 tional Guard of such State to perform annual train11 ing duty under section 502(a) of title 32, United 

12 States Code, to carry out in any State along the 

13 southern land border of the United States the activi14 ties authorized in subsection (b), for the purpose of 

15 securing such border. Such duty shall not exceed 21 

16 days in any year. 

17 (2) OTHER SUPPORT.—With the approval of 

18 the Secretary of Defense, the Governor of a State 

19 may order any units or personnel of the National 

20 Guard of such State to perform duty under section 

21 502(f) of title 32, United States Code, to provide 

22 command, control, and continuity of support for 

23 units or personnel performing annual training duty 

24 under paragraph (1). 


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1 (b) AUTHORIZED ACTIVITIES.—The activities author2 ized by this subsection are any of the following: 

3 (1) Ground reconnaissance activities. 

4 (2) Airborne reconnaissance activities. 

5 (3) Logistical support. 

6 (4) Provision of translation services and train7 ing. 

8 (5) Administrative support services. 

9 (6) Technical training services. 

10 (7) Emergency medical assistance and services. 

11 (8) Communications services. 

12 (9) Rescue of aliens in peril. 

13 (10) Construction of roadways, patrol roads, 

14 fences, barriers, and other facilities to secure the 

15 southern land border of the United States. 

16 (11) Ground and air transportation. 

17 (c) COOPERATIVE AGREEMENTS.—Units and per18 sonnel of the National Guard of a State may perform ac19 tivities in another State under subsection (a) only pursu20 ant to the terms of an emergency management assistance 

21 compact or other cooperative arrangement entered into be22 tween Governors of such States for purposes of this sec23 tion, and only with the approval of the Secretary of De24 fense. 


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1 (d) COORDINATION OF ASSISTANCE.—The Secretary 

2 shall, in consultation with the Secretary of Defense and 

3 the Governors of the States concerned, coordinate the per4 formance of activities under this section by units and per5 sonnel of the National Guard. 

6 (e) ANNUAL TRAINING.—Annual training duty per7 formed by members of the National Guard under sub8 section (a) shall be appropriate for the units and indi9 vidual members concerned, taking into account the types 

10 of units and military occupational specialties of individual 

11 members performing such duty. 

12 (f) DEFINITIONS.—In this section: 

13 (1) GOVERNOR OF A STATE.—The term ‘‘Gov14 ernor of a State’’ means, in the case of the District 

15 of Columbia, the Commanding General of the Na16 tional Guard of the District of Columbia. 

17 (2) STATE.—The term ‘‘State’’ means each of 

18 the several States, the District of Columbia, the 

19 Commonwealth of Puerto Rico, Guam, and the Vir20 gin Islands. 

21 (3) STATE ALONG THE SOUTHERN BORDER OF

22 THE UNITED STATES.—The term ‘‘State along the 

23 southern border of the United States’’ means each 

24 of the following: 

25 (A) The State of Arizona. 


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1 (B) The State of California. 

2 (C) The State of New Mexico. 

3 (D) The State of Texas. 

4 (g) DURATION OF AUTHORITY.—The authority of 

5 this section shall expire on January 1, 2009. 

6 (h) PROHIBITION ON DIRECT PARTICIPATION IN LAW

7 ENFORCEMENT.—Activities carried out under the author8 ity of this section shall not include the direct participation 

9 of a member of the National Guard in a search, seizure, 

10 arrest, or similar activity. 

11 SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CER12 TAIN MEMBERS AND FORMER MEMBERS OF 

13 THE ARMED FORCES TO SERVE IN THE BU14 REAU OF CUSTOMS AND BORDER PROTEC15 TION. 

16 (a) REPORT REQUIRED.—Not later than 60 days 

17 after the date of the enactment of this Act, the Secretary 

18 and the Secretary of Defense shall jointly submit to the 

19 appropriate committees of Congress a report assessing the 

20 desirability and feasibility of offering incentives to covered 

21 members and former members of the Armed Forces for 

22 the purpose of encouraging such members to serve in the 

23 Bureau of Customs and Border Protection. 

24 (b) COVERED MEMBERS AND FORMER MEMBERS OF

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1 ered members and former members of the Armed Forces 

2 are the following: 

3 (1) Members of the reserve components of the 

4 Armed Forces. 

5 (2) Former members of the Armed Forces with6 in 2 years of separation from service in the Armed 

7 Forces. 

8 (c) REQUIREMENTS AND LIMITATIONS.— 

9 (1) NATURE OF INCENTIVES.—In considering 

10 incentives for purposes of the report required by 

11 subsection (a), the Secretaries shall consider such 

12 incentives, whether monetary or otherwise and 

13 whether or not authorized by current law or regula14 tions, as the Secretaries jointly consider appropriate. 

15 (2) TARGETING OF INCENTIVES.—In assessing 

16 any incentive for purposes of the report, the Secre17 taries shall give particular attention to the utility of 

18 such incentive in— 

19 (A) encouraging service in the Bureau of 

20 Customs and Border Protection after service in 

21 the Armed Forces by covered members and 

22 former members of the Armed Forces who have 

23 provided border patrol or border security assist24 ance to the Bureau as part of their duties as 

25 members of the Armed Forces; and 


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1 (B) leveraging military training and expe2 rience by accelerating training, or allowing 

3 credit to be applied to related areas of training, 

4 required for service with the Bureau of Cus5 toms and Border Protection. 

6 (3) PAYMENT.—In assessing incentives for pur7 poses of the report, the Secretaries shall assume 

8 that any costs of such incentives shall be borne by 

9 the Department. 

10 (d) ELEMENTS.—The report required by subsection 

11 (a) shall include the following: 

12 (1) A description of various monetary and non13 monetary incentives considered for purposes of the 

14 report. 

15 (2) An assessment of the desirability and feasi16 bility of utilizing any such incentive for the purpose 

17 specified in subsection (a), including an assessment 

18 of the particular utility of such incentive in encour19 aging service in the Bureau of Customs and Border 

20 Protection after service in the Armed Forces by cov21 ered members and former members of the Armed 

22 Forces described in subsection (c)(2). 

23 (3) Any other matters that the Secretaries 

24 jointly consider appropriate. 


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1 (e) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means— 

4 (1) the Committees on Armed Services, Home5 land Security and Governmental Affairs, and Appro6 priations of the Senate; and 

7 (2) the Committees on Armed Services, Home8 land Security, and Appropriations of the House of 

9 Representatives. 

10 Subtitle D—Border Tunnel 

11 Prevention Act 

12 SEC. 141. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Border Tunnel 

14 Prevention Act’’. 

15 SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PAS16 SAGE. 

17 (a) IN GENERAL.—Chapter 27 of title 18, United 

18 States Code, as amended by section 132, is further amend19 ed by adding at the end the following: 

20 ‘‘§ 556. Border tunnels and passages 

21 ‘‘(a) Any person who knowingly constructs or fi22 nances the construction of a tunnel or subterranean pas23 sage that crosses the international border between the 

24 United States and another country, other than a lawfully 

25 authorized tunnel or passage known to the Secretary of 


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1 Homeland Security and subject to inspection by the Bu2 reau of Immigration and Customs Enforcement, shall be 

3 fined under this title and imprisoned for not more than 

4 20 years. 

5 ‘‘(b) Any person who knows or recklessly disregards 

6 the construction or use of a tunnel or passage described 

7 in subsection (a) on land that the person owns or controls 

8 shall be fined under this title and imprisoned for not more 

9 than 10 years. 

10 ‘‘(c) Any person who uses a tunnel or passage de11 scribed in subsection (a) to unlawfully smuggle an alien, 

12 goods (in violation of section 545), controlled substances, 

13 weapons of mass destruction (including biological weap14 ons), or a member of a terrorist organization (as defined 

15 in section 212(a)(3)(B)(vi) of the Immigration and Na16 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be sub17 ject to a maximum term of imprisonment that is twice the 

18 maximum term of imprisonment that would have other19 wise been applicable had the unlawful activity not made 

20 use of such a tunnel or passage.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 27 of title 18, United States Code, as amended 

23 by section 132, is further amended by adding at the end 

24 the following: 

‘‘Sec. 556. Border tunnels and passages.’’. 


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1 (c) CRIMINAL FORFEITURE.—Section 982(a)(6) of 

2 title 18, United States Code, is amended by inserting 

3 ‘‘556,’’ before ‘‘1425,’’. 

4 SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING 

5 COMMISSION. 

6 (a) IN GENERAL.—Pursuant to its authority under 

7 section 994 of title 28, United States Code, and in accord8 ance with this section, the United States Sentencing Com9 mission shall promulgate or amend sentencing guidelines 

10 to provide for increased penalties for persons convicted of 

11 offenses described in section 556 of title 18, United States 

12 Code, as added by section 142. 

13 (b) REQUIREMENTS.—In carrying out this section, 

14 the United States Sentencing Commission shall— 

15 (1) ensure that the sentencing guidelines, policy 

16 statements, and official commentary reflect the seri17 ous nature of the offenses described in section 556 

18 of title 18, United States Code, and the need for ag19 gressive and appropriate law enforcement action to 

20 prevent such offenses; 

21 (2) provide adequate base offense levels for of22 fenses under such section; 

23 (3) account for any aggravating or mitigating 

24 circumstances that might justify exceptions, includ25 ing— 


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1 (A) the use of a tunnel or passage de2 scribed in subsection (a) of such section to fa3 cilitate other felonies; and 

4 (B) the circumstances for which the sen5 tencing guidelines currently provide applicable 

6 sentencing enhancements; 

7 (4) ensure reasonable consistency with other 

8 relevant directives, other sentencing guidelines, and 

9 statutes; 

10 (5) make any necessary and conforming 

11 changes to the sentencing guidelines and policy 

12 statements; and 

13 (6) ensure that the sentencing guidelines ade14 quately meet the purposes of sentencing set forth in 

15 section 3553(a)(2) of title 18, United States Code. 

16 Subtitle E—Rapid Response 

17 Measures 

18 SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS. 

19 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

20 AGENTS.— 

21 (1) IN GENERAL.—If the Governor of a State 

22 on an international border of the United States de23 clares an international border security emergency 

24 and requests additional United States border patrol 

25 agents (referred to in this subtitle as ‘‘agents’’) from 


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1 the Secretary, the Secretary, subject to paragraphs 

2 (1) and (2), may provide the State with not more 

3 than 1,000 additional agents for the purpose of pa4 trolling and defending the international border, in 

5 order to prevent individuals from crossing the inter6 national border into the United States at any loca7 tion other than an authorized port of entry. 

8 (2) CONSULTATION.—Upon receiving a request 

9 for agents under paragraph (1), the Secretary, after 

10 consultation with the President, shall grant such re11 quest to the extent that providing such agents will 

12 not significantly impair the Department’s ability to 

13 provide border security for any other State. 

14 (3) COLLECTIVE BARGAINING.—Emergency de15 ployments under this subsection shall be made in ac16 cordance with all applicable collective bargaining 

17 agreements and obligations. 

18 (b) ELIMINATION OF FIXED DEPLOYMENT OF BOR19 DER PATROL AGENTS.—The Secretary shall ensure that 

20 agents are not precluded from performing patrol duties 

21 and apprehending violators of law, except in unusual cir22 cumstances if the temporary use of fixed deployment posi23 tions is necessary. 

24 (c) INCREASE IN FULL-TIME BORDER PATROL

25 AGENTS.—Section 5202(a)(1) of the Intelligence Reform 


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1 and Terrorism Prevention Act of 2004 (118 Stat. 3734), 

2 as amended by section 101(b)(2), is further amended by 

3 striking ‘‘2,000’’ and inserting ‘‘3,000’’. 

4 SEC. 152. BORDER PATROL MAJOR ASSETS. 

5 (a) CONTROL OF BORDER PATROL ASSETS.—The 

6 United States Border Patrol shall have complete and ex7 clusive administrative and operational control over all the 

8 assets utilized in carrying out its mission, including, air9 craft, watercraft, vehicles, detention space, transportation, 

10 and all of the personnel associated with such assets. 

11 (b) HELICOPTERS AND POWER BOATS.— 

12 (1) HELICOPTERS.—The Secretary shall in13 crease, by not less than 100, the number of heli14 copters under the control of the United States Bor15 der Patrol. The Secretary shall ensure that appro16 priate types of helicopters are procured for the var17 ious missions being performed. 

18 (2) POWER BOATS.—The Secretary shall in19 crease, by not less than 250, the number of power 

20 boats under the control of the United States Border 

21 Patrol. The Secretary shall ensure that the types of 

22 power boats that are procured are appropriate for 

23 both the waterways in which they are used and the 

24 mission requirements. 

25 (3) USE AND TRAINING.—The Secretary shall— 


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1 (A) establish an overall policy on how the 

2 helicopters and power boats procured under this 

3 subsection will be used; and 

4 (B) implement training programs for the 

5 agents who use such assets, including safe oper6 ating procedures and rescue operations. 

7 (c) MOTOR VEHICLES.— 

8 (1) QUANTITY.—The Secretary shall establish a 

9 fleet of motor vehicles appropriate for use by the 

10 United States Border Patrol that will permit a ratio 

11 of not less than 1 police-type vehicle for every 3 

12 agents. These police-type vehicles shall be replaced 

13 not less than every 3 years. The Secretary shall en14 sure that there are sufficient numbers and types of 

15 other motor vehicles to support the mission of the 

16 United States Border Patrol. 

17 (2) FEATURES.—All motor vehicles purchased 

18 for the United States Border Patrol shall— 

19 (A) be appropriate for the mission of the 

20 United States Border Patrol; and 

21 (B) have a panic button and a global posi22 tioning system device that is activated solely in 

23 emergency situations to track the location of 

24 agents in distress. 


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1 SEC. 153. ELECTRONIC EQUIPMENT. 

2 (a) PORTABLE COMPUTERS.—The Secretary shall en3 sure that each police-type motor vehicle in the fleet of the 

4 United States Border Patrol is equipped with a portable 

5 computer with access to all necessary law enforcement 

6 databases and otherwise suited to the unique operational 

7 requirements of the United States Border Patrol. 

8 (b) RADIO COMMUNICATIONS.—The Secretary shall 

9 augment the existing radio communications system so that 

10 all law enforcement personnel working in each area where 

11 United States Border Patrol operations are conducted 

12 have clear and encrypted 2-way radio communication ca13 pabilities at all times. Each portable communications de14 vice shall be equipped with a panic button and a global 

15 positioning system device that is activated solely in emer16 gency situations to track the location of agents in distress. 

17 (c) HAND-HELD GLOBAL POSITIONING SYSTEM DE18 VICES.—The Secretary shall ensure that each United 

19 States Border Patrol agent is issued a state-of-the-art 

20 hand-held global positioning system device for navigational 

21 purposes. 

22 (d) NIGHT VISION EQUIPMENT.—The Secretary shall 

23 ensure that sufficient quantities of state-of-the-art night 

24 vision equipment are procured and maintained to enable 

25 each United States Border Patrol agent working during 


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1 the hours of darkness to be equipped with a portable night 

2 vision device. 

3 SEC. 154. PERSONAL EQUIPMENT. 

4 (a) BODY ARMOR.—The Secretary shall ensure that 

5 every agent is issued high-quality body armor that is ap6 propriate for the climate and risks faced by the agent. 

7 Each agent shall be permitted to select from among a vari8 ety of approved brands and styles. Agents shall be strongly 

9 encouraged, but not required, to wear such body armor 

10 whenever practicable. All body armor shall be replaced not 

11 less than every 5 years. 

12 (b) WEAPONS.—The Secretary shall ensure that 

13 agents are equipped with weapons that are reliable and 

14 effective to protect themselves, their fellow agents, and in15 nocent third parties from the threats posed by armed 

16 criminals. The Secretary shall ensure that the policies of 

17 the Department authorize all agents to carry weapons that 

18 are suited to the potential threats that they face. 

19 (c) UNIFORMS.—The Secretary shall ensure that all 

20 agents are provided with all necessary uniform items, in21 cluding outerwear suited to the climate, footwear, belts, 

22 holsters, and personal protective equipment, at no cost to 

23 such agents. Such items shall be replaced at no cost to 

24 such agents as they become worn, unserviceable, or no 

25 longer fit properly. 


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1 SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for each of the fis4 cal years 2007 through 2011 to carry out this subtitle. 

5 TITLE II—BORDER LAW 

6 ENFORCEMENT RELIEF 

7 Subtitle A—Border Law 

8 Enforcement Relief Act 

9 SEC. 201. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Border Law En11 forcement Relief Act of 2006’’. 

12 SEC. 202. FINDINGS. 

13 Congress finds the following: 

14 (1) It is the obligation of the Federal Govern15 ment of the United States to adequately secure the 

16 Nation’s borders and prevent the flow of undocu17 mented persons and illegal drugs into the United 

18 States. 

19 (2) Despite the fact that the United States 

20 Border Patrol apprehends over 1,000,000 people 

21 each year trying to illegally enter the United States, 

22 according to the Congressional Research Service, the 

23 net growth in the number of unauthorized aliens has 

24 increased by approximately 500,000 each year. The 

25 Southwest border accounts for approximately 94 

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1 rently, there are an estimated 11,000,000 unauthor2 ized aliens in the United States. 

3 (3) The border region is also a major corridor 

4 for the shipment of drugs. According to the El Paso 

5 Intelligence Center, 65 percent of the narcotics that 

6 are sold in the markets of the United States enter 

7 the country through the Southwest border. 

8 (4) Border communities continue to incur sig9 nificant costs due to the lack of adequate border se10 curity. A 2001 study by the United States-Mexico 

11 Border Counties Coalition found that law enforce12 ment and criminal justice expenses associated with 

13 illegal immigration exceed $89,000,000 annually for 

14 the Southwest border counties. 

15 (5) In August 2005, the States of New Mexico 

16 and Arizona declared states of emergency in order to 

17 provide local law enforcement immediate assistance 

18 in addressing criminal activity along the Southwest 

19 border. 

20 (6) While the Federal Government provides 

21 States and localities assistance in covering costs re22 lated to the detention of certain criminal aliens and 

23 the prosecution of Federal drug cases, local law en24 forcement along the border are provided no assist25 ance in covering such expenses and must use their 


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1 limited resources to combat drug trafficking, human 

2 smuggling, kidnappings, the destruction of private 

3 property, and other border-related crimes. 

4 (7) The United States shares 5,525 miles of 

5 border with Canada and 1,989 miles with Mexico. 

6 Many of the local law enforcement agencies located 

7 along the border are small, rural departments 

8 charged with patrolling large areas of land. Counties 

9 along the Southwest United States-Mexico border 

10 are some of the poorest in the country and lack the 

11 financial resources to cover the additional costs asso12 ciated with illegal immigration, drug trafficking, and 

13 other border-related crimes. 

14 (8) Federal assistance is required to help local 

15 law enforcement operating along the border address 

16 the unique challenges that arise as a result of their 

17 proximity to an international border and the lack of 

18 overall border security in the region 

19 SEC. 203. BORDER RELIEF GRANT PROGRAM. 

20 (a) GRANTS AUTHORIZED.— 

21 (1) IN GENERAL.—The Secretary is authorized 

22 to award grants, subject to the availability of appro23 priations, to an eligible law enforcement agency to 

24 provide assistance to such agency to address— 


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1 (A) criminal activity that occurs in the ju2 risdiction of such agency by virtue of such 

3 agency’s proximity to the United States border; 

4 and 

5 (B) the impact of any lack of security 

6 along the United States border. 

7 (2) DURATION.—Grants may be awarded under 

8 this subsection during fiscal years 2007 through 

9 2011. 

10 (3) COMPETITIVE BASIS.—The Secretary shall 

11 award grants under this subsection on a competitive 

12 basis, except that the Secretary shall give priority to 

13 applications from any eligible law enforcement agen14 cy serving a community— 

15 (A) with a population of less than 50,000; 

16 and 

17 (B) located no more than 100 miles from 

18 a United States border with— 

19 (i) Canada; or 

20 (ii) Mexico. 

21 (b) USE OF FUNDS.—Grants awarded pursuant to 

22 subsection (a) may only be used to provide additional re23 sources for an eligible law enforcement agency to address 

24 criminal activity occurring along any such border, includ25 ing— 


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1 (1) to obtain equipment; 

2 (2) to hire additional personnel; 

3 (3) to upgrade and maintain law enforcement 

4 technology; 

5 (4) to cover operational costs, including over6 time and transportation costs; and 

7 (5) such other resources as are available to as8 sist that agency. 

9 (c) APPLICATION.— 

10 (1) IN GENERAL.—Each eligible law enforce11 ment agency seeking a grant under this section shall 

12 submit an application to the Secretary at such time, 

13 in such manner, and accompanied by such informa14 tion as the Secretary may reasonably require. 

15 (2) CONTENTS.—Each application submitted 

16 pursuant to paragraph (1) shall— 

17 (A) describe the activities for which assist18 ance under this section is sought; and 

19 (B) provide such additional assurances as 

20 the Secretary determines to be essential to en21 sure compliance with the requirements of this 

22 section. 

23 (d) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

2 The term ‘‘eligible law enforcement agency’’ means 

3 a tribal, State, or local law enforcement agency— 

4 (A) located in a county no more than 100 

5 miles from a United States border with— 

6 (i) Canada; or 

7 (ii) Mexico; or 

8 (B) located in a county more than 100 

9 miles from any such border, but where such 

10 county has been certified by the Secretary as a 

11 High Impact Area. 

12 (2) HIGH IMPACT AREA.—The term ‘‘High Im13 pact Area’’ means any county designated by the Sec14 retary as such, taking into consideration— 

15 (A) whether local law enforcement agencies 

16 in that county have the resources to protect the 

17 lives, property, safety, or welfare of the resi18 dents of that county; 

19 (B) the relationship between any lack of 

20 security along the United States border and the 

21 rise, if any, of criminal activity in that county; 

22 and 

23 (C) any other unique challenges that local 

24 law enforcement face due to a lack of security 

25 along the United States border. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated $50,000,000 for each of fiscal years 

4 2007 through 2011 to carry out the provisions of 

5 this section. 

6 (2) DIVISION OF AUTHORIZED FUNDS.—Of the 

7 amounts authorized under paragraph (1)— 

(A) 2 8 ⁄3 shall be set aside for eligible law en9 forcement agencies located in the 6 States with 

10 the largest number of undocumented alien ap11 prehensions; and 

(B) 1 12 ⁄3 shall be set aside for areas des13 ignated as a High Impact Area under sub14 section (d). 

15 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro16 priated for grants under this section shall be used to sup17 plement and not supplant other State and local public 

18 funds obligated for the purposes provided under this title. 

19 SEC. 204. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

20 Nothing in this subtitle shall be construed to author21 ize State or local law enforcement agencies or their officers 

22 to exercise Federal immigration law enforcement author23 ity. 


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1 Subtitle B—Additional Law 

2 Enforcement Relief 

3 SEC. 211. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

4 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

5 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

6 shall reimburse States and units of local government for 

7 costs associated with processing undocumented criminal 

8 aliens through the criminal justice system, including— 

9 (1) indigent defense; 

10 (2) criminal prosecution; 

11 (3) autopsies; 

12 (4) translators and interpreters; and 

13 (5) court costs. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

16 There are authorized to be appropriated 

17 $400,000,000 for each of the fiscal years 2007 

18 through 2012 to carry out subsection (a). 

19 (2) COMPENSATION UPON REQUEST.—Section 

20 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

21 follows: 

22 ‘‘(5) There are authorized to be appropriated to 

23 carry this subsection— 

24 ‘‘(A) such sums as may be necessary for 

25 fiscal year 2007; 


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1 ‘‘(B) $750,000,000 for fiscal year 2008; 

2 ‘‘(C) $850,000,000 for fiscal year 2009; 

3 and 

4 ‘‘(D) $950,000,000 for each of the fiscal 

5 years 2010 through 2012.’’. 

6 (c) TECHNICAL AMENDMENT.—Section 501 of the 

7 Immigration Reform and Control Act of 1986 (8 U.S.C. 

8 1365) is amended by striking ‘‘Attorney General’’ each 

9 place it appears and inserting ‘‘Secretary of Homeland Se10 curity’’. 

11 SEC. 212. TRANSPORTATION AND PROCESSING OF ILLEGAL 

12 ALIENS APPREHENDED BY STATE AND LOCAL 

13 LAW ENFORCEMENT OFFICERS. 

14 (a) IN GENERAL.—The Secretary shall provide suffi15 cient transportation and officers to take illegal aliens ap16 prehended by State and local law enforcement officers into 

17 custody for processing at a detention facility operated by 

18 the Department. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary for each of fiscal years 2007 through 2011 to 

22 carry out this section. 

23 SEC. 213. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 

24 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

25 amended— 


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1 (1) by striking the section heading and insert2 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL

3 ALIENS’’; 

4 (2) in subsection (a), by striking the subsection 

5 heading and inserting: ‘‘EXPEDITED REMOVAL

6 FROM CORRECTIONAL FACILITIES.—’’; 

7 (3) in subsection (b), by striking the subsection 

8 heading and inserting: ‘‘REMOVAL OF CRIMINAL

9 ALIENS.—’’; 

10 (4) in subsection (b), by striking paragraphs 

11 (1) and (2) and inserting the following: 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security may, in the case of an alien described in 

14 paragraph (2), determine the deportability of such 

15 alien and issue an order of removal pursuant to the 

16 procedures set forth in this subsection or section 

17 240. 

18 ‘‘(2) ALIENS DESCRIBED.—An alien is de19 scribed in this paragraph if the alien— 

20 ‘‘(A) has not been lawfully admitted to the 

21 United States for permanent residence; and 

22 ‘‘(B) was convicted of any criminal offense 

23 described in subparagraph (A)(iii), (C), or (D) 

24 of section 237(a)(2).’’; 


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1 (5) in the subsection (c) that relates to pre2 sumption of deportability, by striking ‘‘convicted of 

3 an aggravated felony’’ and inserting ‘‘described in 

4 subsection (b)(2)’’; 

5 (6) by redesignating the subsection (c) that re6 lates to judicial removal as subsection (d); and 

7 (7) in subsection (d)(5) (as so redesignated), by 

8 striking ‘‘, who is deportable under this Act,’’. 

9 (b) APPLICATION TO CERTAIN ALIENS.— 

10 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 

11 U.S.C. 1225(b)(1)(A)(iii)) is amended— 

12 (A) in subclause (I), by striking ‘‘Attorney 

13 General’’ and inserting ‘‘Secretary of Homeland 

14 Security’’ each place it appears; and 

15 (B) by adding at the end the following new 

16 subclause: 

17 ‘‘(III) EXCEPTION.—Notwith18 standing subclauses (I) and (II), the 

19 Secretary of Homeland Security shall 

20 apply clauses (i) and (ii) of this sub21 paragraph to any alien (other than an 

22 alien described in subparagraph (F)) 

23 who is not a national of a country 

24 contiguous to the United States, who 

25 has not been admitted or paroled into 


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1 the United States, and who is appre2 hended within 100 miles of an inter3 national land border of the United 

4 States and within 14 days of entry.’’. 

5 (2) EXCEPTION.—Section 235(b)(1)(F) (8 

6 U.S.C. 1225(b)(1)(F)) is amended to read as fol7 lows: 

8 ‘‘(F) EXCEPTION.—Subparagraph (A) 

9 shall not apply to an alien— 

10 ‘‘(i) who is a native or citizen of a 

11 country in the Western Hemisphere with 

12 whose government the United States does 

13 not have full diplomatic relations; and 

14 ‘‘(ii) who— 

15 ‘‘(I) arrives by aircraft at a port 

16 of entry; or 

17 ‘‘(II) is present in the United 

18 States and arrived in any manner at 

19 or between a port of entry.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act and shall apply to all aliens apprehended or 

23 convicted on or after such date. 


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1 SEC. 214. INCREASE OF FEDERAL DETENTION SPACE AND 

2 THE UTILIZATION OF FACILITIES IDENTIFIED 

3 FOR CLOSURE AS A RESULT OF THE DE4 FENSE BASE CLOSURE REALIGNMENT ACT 

5 OF 1990. 

6 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

7 FACILITIES.— 

8 (1) IN GENERAL.—The Secretary shall con9 struct or acquire, in addition to existing facilities for 

10 the detention of aliens, at least 20 detention facili11 ties in the United States that have the capacity to 

12 detain a combined total of not less than 20,000 indi13 viduals at any time for aliens detained pending re14 moval or a decision on removal of such aliens from 

15 the United States subject to available appropria16 tions. 

17 (b) CONSTRUCTION OF OR ACQUISITION OF DETEN18 TION FACILITIES.— 

19 (1) REQUIREMENT TO CONSTRUCT OR AC20 QUIRE.—The Secretary shall construct or acquire 

21 additional detention facilities in the United States to 

22 accommodate the detention beds required by section 

23 5204(a) of the Intelligence Reform and Terrorism 

24 Protection Act of 2004, as amended by subsection 

25 (a), subject to available appropriations. 


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1 (2) USE OF ALTERNATE DETENTION FACILI2 TIES.—Subject to the availability of appropriations, 

3 the Secretary shall fully utilize all possible options to 

4 cost effectively increase available detention capac5 ities, and shall utilize detention facilities that are 

6 owned and operated by the Federal Government if 

7 the use of such facilities is cost effective. 

8 (3) USE OF INSTALLATIONS UNDER BASE CLO9 SURE LAWS.—In acquiring additional detention fa10 cilities under this subsection, the Secretary shall 

11 consider the transfer of appropriate portions of mili12 tary installations approved for closure or realign13 ment under the Defense Base Closure and Realign14 ment Act of 1990 (part A of title XXIX of Public 

15 Law 101–510; 10 U.S.C. 2687 note) for use in ac16 cordance with subsection (a). 

17 (4) DETERMINATION OF LOCATION.—The loca18 tion of any detention facility constructed or acquired 

19 in accordance with this subsection shall be deter20 mined, with the concurrence of the Secretary, by the 

21 senior officer responsible for Detention and Removal 

22 Operations in the Department. The detention facili23 ties shall be located so as to enable the officers and 

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1 imum extent practicable the annual rate and level of 

2 removals of illegal aliens from the United States. 

3 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

4 1 year after the date of the enactment of this Act, and 

5 annually thereafter, in consultation with the heads of 

6 other appropriate Federal agencies, the Secretary shall 

7 submit to Congress an assessment of the additional deten8 tion facilities and bed space needed to detain unlawful 

9 aliens apprehended at United States ports of entry or 

10 along the international land borders of the United States. 

11 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

12 Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 

13 striking ‘‘may expend’’ and inserting ‘‘shall expend’’. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

17 SEC. 215. NORTHERN BORDER PROSECUTION INITIATIVE. 

18 (a) INITIATIVE REQUIRED.— 

19 (1) IN GENERAL.—From amounts made avail20 able to carry out this section, the Attorney General, 

21 acting through the Director of the Bureau of Justice 

22 Assistance of the Office of Justice Programs, shall 

23 establish and carry out a program, to be known as 

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1 tities for costs incurred by those entities for han2 dling case dispositions of criminal cases that are fed3 erally initiated but federally declined-referred. 

4 (2) RELATION WITH SOUTHWESTERN BORDER

5 PROSECUTION INITIATIVE.—The program estab6 lished in paragraph (1) shall— 

7 (A) be modeled after the Southwestern 

8 Border Prosecution Initiative; and 

9 (B) serve as a partner program to that ini10 tiative to reimburse local jurisdictions for proc11 essing Federal cases. 

12 (b) PROVISION AND ALLOCATION OF FUNDS.— 

13 Funds provided under the program established in sub14 section (a) shall be— 

15 (1) provided in the form of direct reimburse16 ments; and 

17 (2) allocated in a manner consistent with the 

18 manner under which funds are allocated under the 

19 Southwestern Border Prosecution Initiative. 

20 (c) USE OF FUNDS.—Funds provided to an eligible 

21 northern border entity under this section may be used by 

22 the entity for any lawful purpose, including: 

23 (1) prosecution and related costs; 

24 (2) court costs; 

25 (3) costs of courtroom technology; 


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1 (4) costs of constructing holding spaces; 

2 (5) costs of administrative staff; 

3 (6) costs of defense counsel for indigent defend4 ants; and 

5 (7) detention costs, including pretrial and 

6 posttrial detention. 

7 (d) DEFINITIONS.—In this section: 

8 (1) CASE DISPOSITION.—The term ‘‘case dis9 position’’— 

10 (A) for purposes of the Northern Border 

11 Prosecution Initiative, refers to the time be12 tween the arrest of a suspect and the resolution 

13 of the criminal charges through a county or 

14 State judicial or prosecutorial process; and 

15 (B) does not include incarceration time for 

16 sentenced offenders or time spent by prosecu17 tors on judicial appeals. 

18 (2) ELIGIBLE NORTHERN BORDER ENTITY.— 

19 The term ‘‘eligible northern border entity’’ means— 

20 (A) the States of Alaska, Idaho, Maine, 

21 Michigan, Minnesota, Montana, New Hamp22 shire, New York, North Dakota, Ohio, Pennsyl23 vania, Vermont, Washington, and Wisconsin; or 

24 (B) any unit of local government within a 

25 State referred to in subparagraph (A). 


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1 (3) FEDERALLY DECLINED-REFERRED.—The 

2 term ‘‘federally declined-referred’’— 

3 (A) means, with respect to a criminal case, 

4 that a decision has been made in that case by 

5 a United States Attorney or a Federal law en6 forcement agency during a Federal investiga7 tion to no longer pursue Federal criminal 

8 charges against a defendant and to refer such 

9 investigation to a State or local jurisdiction for 

10 possible prosecution; and 

11 (B) includes a decision made on a case-by12 case basis as well as a decision made pursuant 

13 to a general policy or practice or pursuant to 

14 prosecutorial discretion. 

15 (4) FEDERALLY INITIATED.—The term ‘‘feder16 ally initiated’’ means, with respect to a criminal 

17 case, that the case results from a criminal investiga18 tion or an arrest involving Federal law enforcement 

19 authorities for a potential violation of Federal crimi20 nal law, including investigations resulting from 

21 multi-jurisdictional task forces. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $28,000,000 for fiscal year 2006 and such sums as may 

25 be necessary for fiscal years thereafter. 


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1 SEC. 216. SOUTHWEST BORDER PROSECUTION INITIATIVE. 

2 (a) REIMBURSEMENT TO STATE AND LOCAL PROS3 ECUTORS FOR PROSECUTING FEDERALLY INITIATED

4 DRUG CASES.—The Attorney General shall, subject to the 

5 availability of appropriations, reimburse Southern Border 

6 State and county prosecutors for prosecuting federally ini7 tiated and referred drug cases. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $50,000,000 for each 

10 of the fiscal years 2007 through 2012 to carry out sub11 section (a). 

12 SEC. 217. LAW ENFORCEMENT AUTHORITY OF STATES AND 

13 POLITICAL SUBDIVISIONS AND TRANSFER TO 

14 FEDERAL CUSTODY. 

15 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. seq.) 

16 is amended by adding after section 240C the following: 

17 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

18 AND POLITICAL SUBDIVISIONS AND TRANS19 FER OF ALIENS TO FEDERAL CUSTODY. 

20 ‘‘(a) AUTHORITY.—Notwithstanding any other provi21 sion of law, law enforcement personnel of a State, or a 

22 political subdivision of a State, have the inherent authority 

23 of a sovereign entity to investigate, apprehend, arrest, de24 tain, or transfer to Federal custody (including trans25 porting across State lines to detention centers) an alien 

26 for the purpose of assisting in the enforcement of the 


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1 criminal provisions of the immigration laws of the United 

2 States in the normal course of carrying out the law en3 forcement duties of such personnel. This State authority 

4 has never been displaced or preempted by a Federal law. 

5 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

6 be construed to require law enforcement personnel of a 

7 State or a political subdivision to assist in the enforcement 

8 of the immigration laws of the United States. 

9 ‘‘(c) TRANSFER.—If the head of a law enforcement 

10 entity of a State (or, if appropriate, a political subdivision 

11 of the State) exercising authority with respect to the ap12 prehension or arrest of an alien submits a request to the 

13 Secretary of Homeland Security that the alien be taken 

14 into Federal custody, the Secretary of Homeland Secu15 rity— 

16 ‘‘(1) shall— 

17 ‘‘(A) deem the request to include the in18 quiry to verify immigration status described in 

19 section 642(c) of the Illegal Immigration Re20 form and Immigrant Responsibility Act of 1996 

21 (8 U.S.C. 1373(c)), and expeditiously inform 

22 the requesting entity whether such individual is 

23 an alien lawfully admitted to the United States 

24 or is otherwise lawfully present in the United 

25 States; and 


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1 ‘‘(B) if the individual is an alien who is not 

2 lawfully admitted to the United States or other3 wise is not lawfully present in the United 

4 States— 

5 ‘‘(i) take the illegal alien into the cus6 tody of the Federal Government not later 

7 than 72 hours after— 

8 ‘‘(I) the conclusion of the State 

9 charging process or dismissal process; 

10 or 

11 ‘‘(II) the illegal alien is appre12 hended, if no State charging or dis13 missal process is required; or 

14 ‘‘(ii) request that the relevant State or 

15 local law enforcement agency temporarily 

16 detain or transport the alien to a location 

17 for transfer to Federal custody; and 

18 ‘‘(2) shall designate at least 1 Federal, State, 

19 or local prison or jail or a private contracted prison 

20 or detention facility within each State as the central 

21 facility for that State to transfer custody of aliens 

22 to the Department of Homeland Security. 

23 ‘‘(d) REIMBURSEMENT.— 

24 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

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1 division of a State, for expenses, as verified by the 

2 Secretary, incurred by the State or political subdivi3 sion in the detention and transportation of an alien 

4 as described in subparagraphs (A) and (B) of sub5 section (c)(1). 

6 ‘‘(2) COST COMPUTATION.—Compensation pro7 vided for costs incurred under subparagraphs (A) 

8 and (B) of subsection (c)(1) shall be the sum of— 

9 ‘‘(A) the product of— 

10 ‘‘(i) the average daily cost of incarcer11 ation of a prisoner in the relevant State, as 

12 determined by the chief executive officer of 

13 a State (or, as appropriate, a political sub14 division of the State); multiplied by 

15 ‘‘(ii) the number of days that the alien 

16 was in the custody of the State or political 

17 subdivision; 

18 ‘‘(B) the cost of transporting the alien 

19 from the point of apprehension or arrest to the 

20 location of detention, and if the location of de21 tention and of custody transfer are different, to 

22 the custody transfer point; and 

23 ‘‘(C) the cost of uncompensated emergency 

24 medical care provided to a detained alien during 

25 the period between the time of transmittal of 


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1 the request described in subsection (c) and the 

2 time of transfer into Federal custody. 

3 ‘‘(e) REQUIREMENT FOR APPROPRIATE SECURITY.— 

4 The Secretary of Homeland Security shall ensure that— 

5 ‘‘(1) aliens incarcerated in a Federal facility 

6 pursuant to this section are held in facilities which 

7 provide an appropriate level of security; and 

8 ‘‘(2) aliens detained solely for civil violations of 

9 Federal immigration law are separated within a fa10 cility or facilities, if practicable. 

11 ‘‘(f) REQUIREMENT FOR SCHEDULE.—In carrying 

12 out this section, the Secretary of Homeland Security shall 

13 establish a regular circuit and schedule for the prompt 

14 transportation of apprehended aliens from the custody of 

15 those States, and political subdivisions of States, which 

16 routinely submit requests described in subsection (c), into 

17 Federal custody. 

18 ‘‘(g) AUTHORITY FOR CONTRACTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

20 Security may enter into contracts or cooperative 

21 agreements with appropriate State and local law en22 forcement and detention agencies to implement this 

23 section. 

24 ‘‘(2) DETERMINATION BY SECRETARY.—Before 

25 entering into a contract or cooperative agreement 


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1 with a State or political subdivision of a State under 

2 paragraph (1), the Secretary shall determine wheth3 er the State, or if appropriate, the political subdivi4 sion in which the agencies are located, has in place 

5 any formal or informal policy that violates section 

6 642 of the Illegal Immigration Reform and Immi7 grant Responsibility Act of 1996 (8 U.S.C. 1373). 

8 The Secretary shall not allocate any of the funds 

9 made available under this section to any State or po10 litical subdivision that has in place a policy that vio11 lates such section.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

13 DETENTION AND TRANSPORTATION TO FEDERAL CUS14 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

15 authorized to be appropriated $850,000,000 for fiscal year 

16 2007 and for each subsequent fiscal year for the detention 

17 and removal of aliens not lawfully present in the United 

18 States under the Immigration and Nationality Act (8 

19 U.S.C. 1101 et. seq.). 


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1 TITLE III—BORDER INFRA2 STRUCTURE AND TECH3 NOLOGY MODERNIZATION 

4 Subtitle A—Border Infrastructure 

5 and Technology Modernization Act 

6 SEC. 301. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Border Infrastruc8 ture and Technology Modernization Act’’. 

9 SEC. 302. DEFINITIONS. 

10 In this subtitle: 

11 (1) COMMISSIONER.—The term ‘‘Commis12 sioner’’ means the Commissioner of the Bureau of 

13 Customs and Border Protection of the Department. 

14 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

15 means an entity located in Mexico that assembles 

16 and produces goods from imported parts for export 

17 to the United States. 

18 (3) NORTHERN BORDER.—The term ‘‘northern 

19 border’’ means the international border between the 

20 United States and Canada. 

21 (4) SOUTHERN BORDER.—The term ‘‘southern 

22 border’’ means the international border between the 

23 United States and Mexico. 


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1 SEC. 303. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

2 STUDY. 

3 (a) REQUIREMENT TO UPDATE.—Not later than 

4 January 31 of each year, the Administrator of General 

5 Services shall update the Port of Entry Infrastructure As6 sessment Study prepared by the Bureau of Customs and 

7 Border Protection in accordance with the matter relating 

8 to the ports of entry infrastructure assessment that is set 

9 out in the joint explanatory statement in the conference 

10 report accompanying H.R. 2490 of the 106th Congress, 

11 1st session (House of Representatives Rep. No. 106–319, 

12 on page 67) and submit such updated study to Congress. 

13 (b) CONSULTATION.—In preparing the updated stud14 ies required in subsection (a), the Administrator of Gen15 eral Services shall consult with the Director of the Office 

16 of Management and Budget, the Secretary, and the Com17 missioner. 

18 (c) CONTENT.—Each updated study required in sub19 section (a) shall— 

20 (1) identify port of entry infrastructure and 

21 technology improvement projects that would enhance 

22 border security and facilitate the flow of legitimate 

23 commerce if implemented; 

24 (2) include the projects identified in the Na25 tional Land Border Security Plan required by sec26 tion 304; and 


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1 (3) prioritize the projects described in para2 graphs (1) and (2) based on the ability of a project 

3 to— 

4 (A) fulfill immediate security requirements; 

5 and 

6 (B) facilitate trade across the borders of 

7 the United States. 

8 (d) PROJECT IMPLEMENTATION.—The Commissioner 

9 shall implement the infrastructure and technology im10 provement projects described in subsection (c) in the order 

11 of priority assigned to each project under subsection 

12 (c)(3). 

13 (e) DIVERGENCE FROM PRIORITIES.—The Commis14 sioner may diverge from the priority order if the Commis15 sioner determines that significantly changed cir16 cumstances, such as immediate security needs or changes 

17 in infrastructure in Mexico or Canada, compellingly alter 

18 the need for a project in the United States. 

19 SEC. 304. NATIONAL LAND BORDER SECURITY PLAN. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the Secretary, after consultation with representatives of 

23 Federal, State, and local law enforcement agencies and 

24 private entities that are involved in international trade 

25 across the northern border or the southern border, shall 


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1 submit a National Land Border Security Plan to Con2 gress. 

3 (b) VULNERABILITY ASSESSMENT.— 

4 (1) IN GENERAL.—The plan required in sub5 section (a) shall include a vulnerability assessment 

6 of each port of entry located on the northern border 

7 or the southern border. 

8 (2) PORT SECURITY COORDINATORS.—The Sec9 retary may establish 1 or more port security coordi10 nators at each port of entry located on the northern 

11 border or the southern border— 

12 (A) to assist in conducting a vulnerability 

13 assessment at such port; and 

14 (B) to provide other assistance with the 

15 preparation of the plan required in subsection 

16 (a). 

17 SEC. 305. EXPANSION OF COMMERCE SECURITY PRO18 GRAMS. 

19 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER20 RORISM.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Commis23 sioner, in consultation with the Secretary, shall de24 velop a plan to expand the size and scope, including 

25 personnel, of the Customs-Trade Partnership 


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1 Against Terrorism programs along the northern bor2 der and southern border, including— 

3 (A) the Business Anti-Smuggling Coali4 tion; 

5 (B) the Carrier Initiative Program; 

6 (C) the Americas Counter Smuggling Ini7 tiative; 

8 (D) the Container Security Initiative; 

9 (E) the Free and Secure Trade Initiative; 

10 and 

11 (F) other Industry Partnership Programs 

12 administered by the Commissioner. 

13 (2) SOUTHERN BORDER DEMONSTRATION PRO14 GRAM.—Not later than 180 days after the date of 

15 enactment of this Act, the Commissioner shall imple16 ment, on a demonstration basis, at least 1 Customs– 

17 Trade Partnership Against Terrorism program along 

18 the southern border, which has been successfully im19 plemented along the northern border. 

20 (b) MAQUILADORA DEMONSTRATION PROGRAM.— 

21 Not later than 180 days after the date of enactment of 

22 this Act, the Commissioner shall establish a demonstration 

23 program to develop a cooperative trade security system to 

24 improve supply chain security. 


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1 SEC. 306. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary shall carry out 

4 a technology demonstration program to— 

5 (1) test and evaluate new port of entry tech6 nologies; 

7 (2) refine port of entry technologies and oper8 ational concepts; and 

9 (3) train personnel under realistic conditions. 

10 (b) TECHNOLOGY AND FACILITIES.— 

11 (1) TECHNOLOGY TESTING.—Under the tech12 nology demonstration program, the Secretary shall 

13 test technologies that enhance port of entry oper14 ations, including operations related to— 

15 (A) inspections; 

16 (B) communications; 

17 (C) port tracking; 

18 (D) identification of persons and cargo; 

19 (E) sensory devices; 

20 (F) personal detection; 

21 (G) decision support; and 

22 (H) the detection and identification of 

23 weapons of mass destruction. 

24 (2) DEVELOPMENT OF FACILITIES.—At a dem25 onstration site selected pursuant to subsection 

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1 vide appropriate training to law enforcement per2 sonnel who have responsibility for border security, 

3 including— 

4 (A) cross-training among agencies; 

5 (B) advanced law enforcement training; 

6 and 

7 (C) equipment orientation. 

8 (c) DEMONSTRATION SITES.— 

9 (1) NUMBER.—The Secretary shall carry out 

10 the demonstration program at not less than 3 sites 

11 and not more than 5 sites. 

12 (2) SELECTION CRITERIA.—To ensure that at 

13 least 1 of the facilities selected as a port of entry 

14 demonstration site for the demonstration program 

15 has the most up-to-date design, contains sufficient 

16 space to conduct the demonstration program, has a 

17 traffic volume low enough to easily incorporate new 

18 technologies without interrupting normal processing 

19 activity, and can efficiently carry out demonstration 

20 and port of entry operations, at least 1 port of entry 

21 selected as a demonstration site shall— 

22 (A) have been established not more than 

23 15 years before the date of the enactment of 

24 this Act; 


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1 (B) consist of not less than 65 acres, with 

2 the possibility of expansion to not less than 25 

3 adjacent acres; and 

4 (C) have serviced an average of not more 

5 than 50,000 vehicles per month during the 1- 

6 year period ending on the date of the enactment 

7 of this Act. 

8 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

9 Secretary shall permit personnel from an appropriate Fed10 eral or State agency to utilize a demonstration site de11 scribed in subsection (c) to test technologies that enhance 

12 port of entry operations, including technologies described 

13 in subparagraphs (A) through (H) of subsection (b)(1). 

14 (e) REPORT.— 

15 (1) REQUIREMENT.—Not later than 1 year 

16 after the date of the enactment of this Act, and an17 nually thereafter, the Secretary shall submit to Con18 gress a report on the activities carried out at each 

19 demonstration site under the technology demonstra20 tion program established under this section. 

21 (2) CONTENT.—The report submitted under 

22 paragraph (1) shall include an assessment by the 

23 Secretary of the feasibility of incorporating any dem24 onstrated technology for use throughout the Bureau 

25 of Customs and Border Protection. 


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1 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—In addition to any funds other3 wise available, there are authorized to be appropriated— 

4 (1) such sums as may be necessary for the fis5 cal years 2007 through 2011 to carry out the provi6 sions of section 303(a); 

7 (2) to carry out section 303(d)— 

8 (A) $100,000,000 for each of the fiscal 

9 years 2007 through 2011; and 

10 (B) such sums as may be necessary in any 

11 succeeding fiscal year; 

12 (3) to carry out section 305(a)— 

13 (A) $30,000,000 for fiscal year 2007, of 

14 which $5,000,000 shall be made available to 

15 fund the demonstration project established in 

16 section 306(a)(2); and 

17 (B) such sums as may be necessary for the 

18 fiscal years 2008 through 2011; 

19 (4) to carry out section 305(b)— 

20 (A) $5,000,000 for fiscal year 2007; and 

21 (B) such sums as may be necessary for the 

22 fiscal years 2008 through 2011; and 

23 (5) to carry out section 306, provided that not 

24 more than $10,000,000 may be expended for tech25 nology demonstration program activities at any 1 

26 port of entry demonstration site in any fiscal year— 


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1 (A) $50,000,000 for fiscal year 2007; and 

2 (B) such sums as may be necessary for 

3 each of the fiscal years 2008 through 2011. 

4 (b) INTERNATIONAL AGREEMENTS.—Amounts au5 thorized to be appropriated under this subtitle may be 

6 used for the implementation of projects described in the 

7 Declaration on Embracing Technology and Cooperation to 

8 Promote the Secure and Efficient Flow of People and 

9 Commerce across our Shared Border between the United 

10 States and Mexico, agreed to March 22, 2002, Monterrey, 

11 Mexico (commonly known as the Border Partnership Ac12 tion Plan) or the Smart Border Declaration between the 

13 United States and Canada, agreed to December 12, 2001, 

14 Ottawa, Canada that are consistent with the provisions of 

15 this subtitle. 

16 Subtitle B—Additional 

17 Infrastructure Elements 

18 SEC. 311. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

19 (a) AERIAL SURVEILLANCE PROGRAM.— 

20 (1) IN GENERAL.—In conjunction with the bor21 der surveillance plan developed under section 5201 

22 of the Intelligence Reform and Terrorism Prevention 

23 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

24 note), the Secretary, not later than 90 days after the 

25 date of enactment of this Act, shall develop and imVerDate Aug 31 2005 00:35 Jun 28, 2006 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S3564.IS S3564

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1 plement a program to fully integrate and utilize aer2 ial surveillance technologies, including unmanned 

3 aerial vehicles, to enhance the security of the inter4 national border between the United States and Can5 ada and the international border between the United 

6 States and Mexico. The goal of the program shall be 

7 to ensure continuous monitoring of each mile of each 

8 such border. 

9 (2) ASSESSMENT AND CONSULTATION REQUIRE10 MENTS.—In developing the program under this sub11 section, the Secretary shall— 

12 (A) consider current and proposed aerial 

13 surveillance technologies; 

14 (B) assess the feasibility and advisability 

15 of utilizing such technologies to address border 

16 threats, including an assessment of the tech17 nologies considered best suited to address re18 spective threats; 

19 (C) consult with the Secretary of Defense 

20 regarding any technologies or equipment, which 

21 the Secretary may deploy along an international 

22 border of the United States; and 

23 (D) consult with the Administrator of the 

24 Federal Aviation Administration regarding safe25 ty, airspace coordination and regulation, and 


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1 any other issues necessary for implementation 

2 of the program. 

3 (3) ADDITIONAL REQUIREMENTS.— 

4 (A) IN GENERAL.—The program developed 

5 under this subsection shall include the use of a 

6 variety of aerial surveillance technologies in a 

7 variety of topographies and areas, including 

8 populated and unpopulated areas located on or 

9 near an international border of the United 

10 States, in order to evaluate, for a range of cir11 cumstances— 

12 (i) the significance of previous experi13 ences with such technologies in border se14 curity or critical infrastructure protection; 

15 (ii) the cost and effectiveness of var16 ious technologies for border security, in17 cluding varying levels of technical com18 plexity; and 

19 (iii) liability, safety, and privacy con20 cerns relating to the utilization of such 

21 technologies for border security. 

22 (4) CONTINUED USE OF AERIAL SURVEILLANCE

23 TECHNOLOGIES.—The Secretary may continue the 

24 operation of aerial surveillance technologies while asVerDate Aug 31 2005 00:35 Jun 28, 2006 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S3564.IS S3564

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1 sessing the effectiveness of the utilization of such 

2 technologies. 

3 (5) REPORT TO CONGRESS.—Not later than 

4 180 days after implementing the program under this 

5 subsection, the Secretary shall submit a report to 

6 Congress regarding the program developed under 

7 this subsection. The Secretary shall include in the 

8 report a description of the program together with 

9 such recommendations as the Secretary finds appro10 priate for enhancing the program. 

11 (6) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this subsection. 

14 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

15 PROGRAM.— 

16 (1) REQUIREMENT FOR PROGRAM.—Subject to 

17 the availability of appropriations, the Secretary shall 

18 establish a program to procure additional unmanned 

19 aerial vehicles, cameras, poles, sensors, satellites, 

20 radar coverage, and other technologies necessary to 

21 achieve operational control of the international bor22 ders of the United States and to establish a security 

23 perimeter known as a ‘‘virtual fence’’ along such 

24 international borders to provide a barrier to illegal 


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1 immigration. Such program shall be known as the 

2 Integrated and Automated Surveillance Program. 

3 (2) PROGRAM COMPONENTS.—The Secretary 

4 shall ensure, to the maximum extent feasible, the In5 tegrated and Automated Surveillance Program is 

6 carried out in a manner that— 

7 (A) the technologies utilized in the Pro8 gram are integrated and function cohesively in 

9 an automated fashion, including the integration 

10 of motion sensor alerts and cameras, whereby a 

11 sensor alert automatically activates a cor12 responding camera to pan and tilt in the direc13 tion of the triggered sensor; 

14 (B) cameras utilized in the Program do 

15 not have to be manually operated; 

16 (C) such camera views and positions are 

17 not fixed; 

18 (D) surveillance video taken by such cam19 eras can be viewed at multiple designated com20 munications centers; 

21 (E) a standard process is used to collect, 

22 catalog, and report intrusion and response data 

23 collected under the Program; 


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1 (F) future remote surveillance technology 

2 investments and upgrades for the Program can 

3 be integrated with existing systems; 

4 (G) performance measures are developed 

5 and applied that can evaluate whether the Pro6 gram is providing desired results and increasing 

7 response effectiveness in monitoring and detect8 ing illegal intrusions along the international 

9 borders of the United States; 

10 (H) plans are developed under the Pro11 gram to streamline site selection, site valida12 tion, and environmental assessment processes to 

13 minimize delays of installing surveillance tech14 nology infrastructure; 

15 (I) standards are developed under the Pro16 gram to expand the shared use of existing pri17 vate and governmental structures to install re18 mote surveillance technology infrastructure 

19 where possible; and 

20 (J) standards are developed under the Pro21 gram to identify and deploy the use of non22 permanent or mobile surveillance platforms that 

23 will increase the Secretary’s mobility and ability 

24 to identify illegal border intrusions. 


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1 (3) REPORT TO CONGRESS.—Not later than 1 

2 year after the initial implementation of the Inte3 grated and Automated Surveillance Program, the 

4 Secretary shall submit to Congress a report regard5 ing the Program. The Secretary shall include in the 

6 report a description of the Program together with 

7 any recommendation that the Secretary finds appro8 priate for enhancing the program. 

9 (4) EVALUATION OF CONTRACTORS.— 

10 (A) REQUIREMENT FOR STANDARDS.—The 

11 Secretary shall develop appropriate standards 

12 to evaluate the performance of any contractor 

13 providing goods or services to carry out the In14 tegrated and Automated Surveillance Program. 

15 (B) REVIEW BY THE INSPECTOR GEN16 ERAL.—The Inspector General of the Depart17 ment shall timely review each new contract re18 lated to the Program that has a value of more 

19 than $5,000,000, to determine whether such 

20 contract fully complies with applicable cost re21 quirements, performance objectives, program 

22 milestones, and schedules. The Inspector Gen23 eral shall report the findings of such review to 

24 the Secretary in a timely manner. Not later 

25 than 30 days after the date the Secretary reVerDate Aug 31 2005 00:35 Jun 28, 2006 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S3564.IS S3564

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1 ceives a report of findings from the Inspector 

2 General, the Secretary shall submit to the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate and the Committee 

5 on Homeland Security of the House of Rep6 resentatives a report of such findings and a de7 scription of any the steps that the Secretary 

8 has taken or plans to take in response to such 

9 findings. 

10 (5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out this subsection. 

13 SEC. 312. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

14 (a) DEFINITIONS.—In this section: 

15 (1) PROTECTED LAND.—The term ‘‘protected 

16 land’’ means land under the jurisdiction of the Sec17 retary concerned. 

18 (2) SECRETARY CONCERNED.—The term ‘‘Sec19 retary concerned’’ means— 

20 (A) with respect to land under the jurisdic21 tion of the Secretary of Agriculture, the Sec22 retary of Agriculture; and 

23 (B) with respect to land under the jurisdic24 tion of the Secretary of the Interior, the Sec25 retary of the Interior. 


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1 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

2 (1) IN GENERAL.—To gain operational control 

3 over the international land borders of the United 

4 States and to prevent the entry of terrorists, unlaw5 ful aliens, narcotics, and other contraband into the 

6 United States, the Secretary, in cooperation with the 

7 Secretary concerned, shall provide— 

8 (A) increased Customs and Border Protec9 tion personnel to secure protected land along 

10 the international land borders of the United 

11 States; 

12 (B) Federal land resource training for 

13 Customs and Border Protection agents dedi14 cated to protected land; and 

15 (C) Unmanned Aerial Vehicles, aerial as16 sets, Remote Video Surveillance camera sys17 tems, and sensors on protected land that is di18 rectly adjacent to the international land border 

19 of the United States, with priority given to 

20 units of the National Park System. 

21 (2) COORDINATION.—In providing training for 

22 Customs and Border Protection agents under para23 graph (1)(B), the Secretary shall coordinate with the 

24 Secretary concerned to ensure that the training is 

25 appropriate to the mission of the National Park 


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1 Service, the United States Fish and Wildlife Service, 

2 the Forest Service, or the relevant agency of the De3 partment of the Interior or the Department of Agri4 culture to minimize the adverse impact on natural 

5 and cultural resources from border protection activi6 ties. 

7 (c) INVENTORY OF COSTS AND ACTIVITIES.—The 

8 Secretary concerned shall develop and submit to the Sec9 retary an inventory of costs incurred by the Secretary con10 cerned relating to illegal border activity, including the cost 

11 of equipment, training, recurring maintenance, construc12 tion of facilities, restoration of natural and cultural re13 sources, recapitalization of facilities, and operations. 

14 (d) RECOMMENDATIONS.—The Secretary shall— 

15 (1) develop joint recommendations with the Na16 tional Park Service, the United States Fish and 

17 Wildlife Service, and the Forest Service for an ap18 propriate cost recovery mechanism relating to items 

19 identified in subsection (c); and 

20 (2) not later than March 31, 2007, submit to 

21 the appropriate congressional committees (as defined 

22 in section 2 of the Homeland Security Act of 2002 

23 (6 U.S.C. 101)), including the Subcommittee on Na24 tional Parks of the Senate and the Subcommittee on 

25 National Parks, Recreation and Public Lands of the 


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1 House of Representatives, the recommendations de2 veloped under paragraph (1). 

3 (e) BORDER PROTECTION STRATEGY.—The Sec4 retary, the Secretary of the Interior, and the Secretary 

5 of Agriculture shall jointly develop a border protection 

6 strategy that supports the border security needs of the 

7 United States in the manner that best protects— 

8 (1) units of the National Park System; 

9 (2) National Forest System land; 

10 (3) land under the jurisdiction of the United 

11 States Fish and Wildlife Service; and 

12 (4) other relevant land under the jurisdiction of 

13 the Department of the Interior or the Department 

14 of Agriculture. 

15 SEC. 313. UNMANNED AERIAL VEHICLES. 

16 (a) UNMANNED AERIAL VEHICLES AND ASSOCIATED

17 INFRASTRUCTURE.—The Secretary shall acquire and 

18 maintain MQ–9 unmanned aerial vehicles for use on the 

19 border, including related equipment such as— 

20 (1) additional sensors; 

21 (2) critical spares; 

22 (3) satellite command and control; and 

23 (4) other necessary equipment for operational 

24 support. 

25 (b) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary to carry out sub3 section (a)— 

4 (A) $178,400,000 for fiscal year 2007; and 

5 (B) $276,000,000 for fiscal year 2008. 

6 (2) AVAILABILITY OF FUNDS.—Amounts appro7 priated pursuant to paragraph (1) shall remain 

8 available until expended. 

Æ 


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