PUBLIC LAW 109–367—OCT. 26, 2006

SECURE FENCE ACT OF 2006

120 STAT. 2638 PUBLIC LAW 109–367—OCT. 26, 2006

Public Law 109–367

109th Congress

An Act

To establish operational control over the international land and maritime borders

of the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Secure Fence Act of 2006’’.

SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

(a) 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—

Deadline.

8 USC 1701 note.

8 USC 1101 note.

Secure Fence Act

of 2006.

Oct. 26, 2006

[H.R. 6061]

PUBLIC LAW 109–367—OCT. 26, 2006 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 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).

Deadlines.

120 STAT. 2640 PUBLIC LAW 109–367—OCT. 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.

Æ

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.