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[109th Congress Public Law 367]
[From the U.S. Government Printing Office]

[DOCID: f:publ367.109]

[[Page 2637]]

                        SECURE FENCE ACT OF 2006

[[Page 120 STAT. 2638]]

Public Law 109-367
109th Congress

                                 An Act

 
    To establish operational control over the international land and 
 maritime borders of the United States. <<NOTE: Oct. 26, 2006 -  [H.R. 
                                6061]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Secure Fence Act of 
2006.>> assembled,
SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This Act may be cited as the ``Secure Fence Act of 2006''.
SEC. 2. <<NOTE: 8 USC 1701 note.>> ACHIEVING OPERATIONAL CONTROL 
                    ON THE BORDER.

    (a)  <<NOTE: Deadline.>> In General.--Not later than 18 months after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall take all actions the Secretary determines necessary and 
appropriate to achieve and maintain operational control over the entire 
international land and maritime borders of the United States, to include 
the following--
            (1) systematic surveillance of the international land and 
        maritime borders of the United States through more effective use 
        of personnel and technology, such as unmanned aerial vehicles, 
        ground-based sensors, satellites, radar coverage, and cameras; 
        and
            (2) physical infrastructure enhancements to prevent unlawful 
        entry by aliens into the United States and facilitate access to 
        the international land and maritime borders by United States 
        Customs and Border Protection, such as additional checkpoints, 
        all weather access roads, and vehicle barriers.

    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the prevention of all unlawful entries 
into the United States, including entries by terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other contraband.
    (c) Report.--Not later than one year after the date of the enactment 
of this Act and annually thereafter, the Secretary shall submit to 
Congress a report on the progress made toward achieving and maintaining 
operational control over the entire international land and maritime 
borders of the United States in accordance with this section.
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN 
                    BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                    MEXICO.

    Section 102(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is 
amended--

[[Page 120 STAT. 2639]]

            (1) in the subsection heading by striking ``Near San Diego, 
        California''; and
            (2) by amending paragraph (1) to read as follows:
            ``(1) Security features.--
                    ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security shall 
                provide for least 2 layers of reinforced fencing, the 
                installation of additional physical barriers, roads, 
                lighting, cameras, and sensors--
                          ``(i) extending from 10 miles west of the 
                      Tecate, California, port of entry to 10 miles east 
                      of the Tecate, California, port of entry;
                          ``(ii) extending from 10 miles west of the 
                      Calexico, California, port of entry to 5 miles 
                      east of the Douglas, Arizona, port of entry;
                          ``(iii) extending from 5 miles west of the 
                      Columbus, New Mexico, port of entry to 10 miles 
                      east of El Paso, Texas;
                          ``(iv) extending from 5 miles northwest of the 
                      Del Rio, Texas, port of entry to 5 miles southeast 
                      of the Eagle Pass, Texas, port of entry; and
                          ``(v) extending 15 miles northwest of the 
                      Laredo, Texas, port of entry to the Brownsville, 
                      Texas, port of entry.
                    ``(B) Priority areas.--
                With <<NOTE: Deadlines.>> respect to the border 
                described--
                          ``(i) in subparagraph (A)(ii), the Secretary 
                      shall ensure that an interlocking surveillance 
                      camera system is installed along such area by May 
                      30, 2007, and that fence construction is completed 
                      by May 30, 2008; and
                          ``(ii) in subparagraph (A)(v), the Secretary 
                      shall ensure that fence construction from 15 miles 
                      northwest of the Laredo, Texas, port of entry to 
                      15 southeast of the Laredo, Texas, port of entry 
                      is completed by December 31, 2008.
                    ``(C) Exception.--If the topography of a specific 
                area has an elevation grade that exceeds 10 percent, the 
                Secretary may use other means to secure such area, 
                including the use of surveillance and barrier tools.''.
SEC. 4. NORTHERN BORDER STUDY.

    (a) In General.--The Secretary of Homeland Security shall conduct a 
study on the feasibility of a state of-the-art infrastructure security 
system along the northern international land and maritime border of the 
United States and shall include in the study--
            (1) the necessity of implementing such a system;
            (2) the feasibility of implementing such a system; and
            (3) the economic impact implementing such a system will have 
        along the northern border.

    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report that contains the results of the study conducted under subsection 
(a).

[[Page 120 STAT. 2640]]

SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO 
                    STOP CERTAIN FLEEING VEHICLES.

    (a) Evaluation.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall--
            (1) evaluate the authority of personnel of United States 
        Customs and Border Protection to stop vehicles that enter the 
        United States illegally and refuse to stop when ordered to do so 
        by such personnel, compare such Customs authority with the 
        authority of the Coast Guard to stop vessels under section 637 
        of title 14, United States Code, and make an assessment as to 
        whether such Customs authority should be expanded;
            (2) review the equipment and technology available to United 
        States Customs and Border Protection personnel to stop vehicles 
        described in paragraph (1) and make an assessment as to whether 
        or not better equipment or technology is available or should be 
        developed; and
            (3) evaluate the training provided to United States Customs 
        and Border Protection personnel to stop vehicles described in 
        paragraph (1).

    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report that contains the results of the evaluation conducted under 
subsection (a).

    Approved October 26, 2006.

LEGISLATIVE HISTORY--H.R. 6061:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 14, considered and passed House.
            Sept. 21, 25, 26, 28, 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            Oct. 26, Presidential remarks.

                                  <all>
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