I 

109TH CONGRESS 

2D SESSION H. R. 5067 

To establish operational control over the international land and maritime 

borders of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2006 

Mr. PEARCE introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the 

Judiciary and Armed Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To establish operational control over the international land 

and maritime borders of the United States, and for other 

purposes. 

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 and Terrorism Prevention 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. Definitions. 


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TITLE I—SECURING UNITED STATES BORDERS 

Sec. 101. Achieving operational control on the border. 

Sec. 102. National strategy for border security. 

Sec. 103. Implementation of cross-border security agreements. 

Sec. 104. Biometric data enhancements. 

Sec. 105. One face at the border initiative. 

Sec. 106. Secure communication. 

Sec. 107. Border patrol agents. 

Sec. 108. Port of entry inspection personnel. 

Sec. 109. Canine detection teams. 

Sec. 110. Secure border initiative financial accountability. 

Sec. 111. Border patrol training capacity review. 

Sec. 112. Airspace security mission impact review. 

Sec. 113. Repair of private infrastructure on border. 

Sec. 114. Border Patrol unit for Virgin Islands. 

Sec. 115. Report on progress in tracking travel of Central American gangs 

along international border. 

Sec. 116. Collection of data. 

Sec. 117. Deployment of radiation detection portal equipment at United States 

ports of entry. 

Sec. 118. Sense of Congress regarding the Secure Border Initiative. 

TITLE II—BORDER SECURITY COOPERATION AND ENFORCEMENT 

Sec. 201. Joint strategic plan for United States border surveillance and support. 

Sec. 202. Border security on protected land. 

Sec. 203. Border security threat assessment and information sharing test and 

evaluation exercise. 

Sec. 204. Border Security Advisory Committee. 

Sec. 205. Permitted use of Homeland Security grant funds for border security 

activities. 

Sec. 206. Center of excellence for border security. 

Sec. 207. Sense of Congress regarding cooperation with Indian Nations. 

TITLE III—DETENTION AND REMOVAL 

Sec. 301. Mandatory detention for aliens apprehended at or between ports of 

entry. 

Sec. 302. Enhanced detention capacity. 

Sec. 303. Expansion and effective management of detention facilities. 

Sec. 304. Enhancing transportation capacity for unlawful aliens. 

Sec. 305. Denial of admission to nationals of country denying or delaying accepting alien. 

Sec. 306. Report on financial burden of repatriation. 

Sec. 307. Training program. 

Sec. 308. Expedited removal. 

TITLE IV—EFFECTIVE ORGANIZATION OF BORDER SECURITY 

AGENCIES 

Sec. 401. Enhanced border security coordination and management. 

Sec. 402. Office of Air and Marine Operations. 

Sec. 403. Shadow Wolves transfer. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COM4 MITTEE.—The term ‘‘appropriate congressional com5 mittee’’ has the meaning given it in section 2(2) of 

6 the Homeland Security Act of 2002 (6 U.S.C. 

7 101(2)). 

8 (2) STATE.—The term ‘‘State’’ has the mean9 ing given it in section 2(14) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 101(14)). 

11 TITLE I—SECURING UNITED 

12 STATES BORDERS 

13 SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE 

14 BORDER. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall take all actions the Secretary determines nec17 essary and appropriate to achieve and maintain oper18 ational control over the entire international land and mari19 time borders of the United States, to include the fol20 lowing— 

21 (1) systematic surveillance of the international 

22 land and maritime borders of the United States 

23 through more effective use of personnel and tech24 nology, such as unmanned aerial vehicles, ground25 based sensors, satellites, radar coverage, and cam26 eras; 


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1 (2) physical infrastructure enhancements to 

2 prevent unlawful entry by aliens into the United 

3 States and facilitate access to the international land 

4 and maritime borders by United States Customs and 

5 Border Protection, such as additional checkpoints, 

6 all weather access roads, and vehicle barriers; 

7 (3) hiring and training as expeditiously as pos8 sible additional Border Patrol agents authorized 

9 under section 5202 of the Intelligence Reform and 

10 Terrorism Prevention Act of 2004 (Public Law 108– 

11 458); and 

12 (4) increasing deployment of United States 

13 Customs and Border Protection personnel to areas 

14 along the international land and maritime borders of 

15 the United States where there are high levels of un16 lawful entry by aliens and other areas likely to be 

17 impacted by such increased deployment. 

18 (b) OPERATIONAL CONTROL DEFINED.—In this sec19 tion, the term ‘‘operational control’’ means the prevention 

20 of the entry into the United States of terrorists, other un21 lawful aliens, instruments of terrorism, narcotics, and 

22 other contraband. 

23 SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY. 

24 (a) SURVEILLANCE PLAN.—Not later than six 

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


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1 Secretary of Homeland Security shall submit to the appro2 priate congressional committees a comprehensive plan for 

3 the systematic surveillance of the international land and 

4 maritime borders of the United States. The plan shall in5 clude the following: 

6 (1) An assessment of existing technologies em7 ployed on such borders. 

8 (2) A description of whether and how new sur9 veillance technologies will be compatible with exist10 ing surveillance technologies. 

11 (3) A description of how the United States Cus12 toms and Border Protection is working, or is ex13 pected to work, with the Directorate of Science and 

14 Technology of the Department of Homeland Secu15 rity to identify and test surveillance technology. 

16 (4) A description of the specific surveillance 

17 technology to be deployed. 

18 (5) The identification of any obstacles that may 

19 impede full implementation of such deployment. 

20 (6) A detailed estimate of all costs associated 

21 with the implementation of such deployment and 

22 continued maintenance of such technologies. 

23 (7) A description of how the Department of 

24 Homeland Security is working with the Federal 

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1 trol issues associated with the use of unmanned aer2 ial vehicles in the National Airspace System. 

3 (b) NATIONAL STRATEGY FOR BORDER SECURITY.— 

4 Not later than one year after the date of the enactment 

5 of this Act, the Secretary of Homeland Security, in con6 sultation with the heads of other appropriate Federal 

7 agencies, shall submit to the appropriate congressional 

8 committees a National Strategy for Border Security to 

9 achieve operational control over all ports of entry into the 

10 United States and the international land and maritime 

11 borders of the United States. The Secretary shall update 

12 the Strategy as needed and shall submit to the Committee, 

13 not later than 30 days after each such update, the updated 

14 Strategy. The National Strategy for Border Security shall 

15 include the following: 

16 (1) The implementation timeline for the surveil17 lance plan described in subsection (a). 

18 (2) An assessment of the threat posed by ter19 rorists and terrorist groups that may try to infiltrate 

20 the United States at points along the international 

21 land and maritime borders of the United States. 

22 (3) A risk assessment of all ports of entry to 

23 the United States and all portions of the inter24 national land and maritime borders of the United 

25 States with respect to— 


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1 (A) preventing the entry of terrorists, 

2 other unlawful aliens, instruments of terrorism, 

3 narcotics, and other contraband into the United 

4 States; and 

5 (B) protecting critical infrastructure at or 

6 near such ports of entry or borders. 

7 (4) An assessment of the most appropriate, 

8 practical, and cost-effective means of defending the 

9 international land and maritime borders of the 

10 United States against threats to security and illegal 

11 transit, including intelligence capacities, technology, 

12 equipment, personnel, and training needed to ad13 dress security vulnerabilities. 

14 (5) An assessment of staffing needs for all bor15 der security functions, taking into account threat 

16 and vulnerability information pertaining to the bor17 ders and the impact of new security programs, poli18 cies, and technologies. 

19 (6) A description of the border security roles 

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

21 tribal authorities, and recommendations with respect 

22 to how the Department of Homeland Security can 

23 improve coordination with such authorities, to enable 

24 border security enforcement to be carried out in an 

25 efficient and effective manner. 


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1 (7) A prioritization of research and development 

2 objectives to enhance the security of the inter3 national land and maritime borders of the United 

4 States. 

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

6 free flow of legitimate travel and commerce of the 

7 United States is not diminished by efforts, activities, 

8 and programs aimed at securing the international 

9 land and maritime borders of the United States. 

10 (9) An assessment of additional detention facili11 ties and bed space needed to detain unlawful aliens 

12 apprehended at United States ports of entry or 

13 along the international land borders of the United 

14 States in accordance with the National Strategy for 

15 Border Security required under this subsection and 

16 the mandatory detention requirement described in 

17 section 301 of this Act. 

18 (10) A description of how the Secretary shall 

19 ensure accountability and performance metrics with20 in the appropriate agencies of the Department of 

21 Homeland Security responsible for implementing the 

22 border security measures determined necessary upon 

23 completion of the National Strategy for Border Se24 curity. 


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1 (11) A timeline for the implementation of the 

2 additional security measures determined necessary 

3 as part of the National Strategy for Border Secu4 rity, including a prioritization of security measures, 

5 realistic deadlines for addressing the security and 

6 enforcement needs, and resource estimates and allo7 cations. 

8 (c) CONSULTATION.—In creating the National Strat9 egy for Border Security described in subsection (b), the 

10 Secretary shall consult with— 

11 (1) State, local, and tribal authorities along the 

12 international land and maritime borders of the 

13 United States; and 

14 (2) an appropriate cross-section of private sec15 tor and nongovernmental organizations with relevant 

16 expertise. 

17 (d) PRIORITY OF NATIONAL STRATEGY.—The Na18 tional Strategy for Border Security described in subsection 

19 (b) shall be the controlling document for security and en20 forcement efforts related to securing the international land 

21 and maritime borders of the United States. 

22 (e) IMMEDIATE ACTION.—Nothing in this section 

23 shall be construed to relieve the Secretary of the responsi24 bility to take all actions necessary and appropriate to 

25 achieve and maintain operational control over the entire 


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1 international land and maritime borders of the United 

2 States pursuant to section 101 of this Act or any other 

3 provision of law. 

4 (f) REPORTING OF IMPLEMENTING LEGISLATION.— 

5 After submittal of the National Strategy for Border Secu6 rity described in subsection (b) to the Committee on 

7 Homeland Security of the House of Representatives, such 

8 Committee shall promptly report to the House legislation 

9 authorizing necessary security measures based on its eval10 uation of the National Strategy for Border Security. 

11 SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY 

12 AGREEMENTS. 

13 (a) IN GENERAL.—Not later than six months after 

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

15 Homeland Security shall submit to the appropriate con16 gressional committees a report on the implementation of 

17 the cross-border security agreements signed by the United 

18 States with Mexico and Canada, including recommenda19 tions on improving cooperation with such countries to en20 hance border security. 

21 (b) UPDATES.—The Secretary shall regularly update 

22 the Committee concerning such implementation. 

23 SEC. 104. BIOMETRIC DATA ENHANCEMENTS. 

24 Not later than October 1, 2006, the Secretary of 

25 Homeland Security shall— 


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1 (1) in consultation with the Attorney General, 

2 enhance connectivity between the IDENT and 

3 IAFIS fingerprint databases to ensure more expedi4 tious data searches; and 

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

6 collect ten fingerprints from each alien required to 

7 provide fingerprints during the alien’s initial enroll8 ment in the integrated entry and exit data system 

9 described in section 110 of the Illegal Immigration 

10 Reform and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1221 note). 

12 SEC. 105. ONE FACE AT THE BORDER INITIATIVE. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the Secretary of Homeland Security shall 

15 submit to Congress a report— 

16 (1) describing the tangible and quantifiable 

17 benefits of the One Face at the Border Initiative es18 tablished by the Department of Homeland Security; 

19 (2) identifying goals for and challenges to in20 creased effectiveness of the One Face at the Border 

21 Initiative; 

22 (3) providing a breakdown of the number of in23 spectors who were— 


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1 (A) personnel of the United States Cus2 toms Service before the date of the establish3 ment of the Department of Homeland Security; 

4 (B) personnel of the Immigration and Nat5 uralization Service before the date of the estab6 lishment of the Department; 

7 (C) personnel of the Department of Agri8 culture before the date of the establishment of 

9 the Department; or 

10 (D) hired after the date of the establish11 ment of the Department; 

12 (4) describing the training time provided to 

13 each employee on an annual basis for the various 

14 training components of the One Face at the Border 

15 Initiative; and 

16 (5) outlining the steps taken by the Department 

17 to ensure that expertise is retained with respect to 

18 customs, immigration, and agriculture inspection 

19 functions under the One Face at the Border Initia20 tive. 

21 SEC. 106. SECURE COMMUNICATION. 

22 The Secretary of Homeland Security shall, as expedi23 tiously as practicable, develop and implement a plan to 

24 ensure clear and secure two-way communication capabili25 ties— 


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1 (1) among all Border Patrol agents conducting 

2 operations between ports of entry; 

3 (2) between Border Patrol agents and their re4 spective Border Patrol stations; 

5 (3) between Border Patrol agents and residents 

6 in remote areas along the international land border 

7 who do not have mobile communications, as the Sec8 retary determines necessary; and 

9 (4) between all appropriate Department of 

10 Homeland Security border security agencies and 

11 State, local, and tribal law enforcement agencies. 

12 SEC. 107. BORDER PATROL AGENTS. 

13 There are authorized to be appropriated to the Sec14 retary of Homeland Security such sums as may be nec15 essary for each of fiscal years 2007 through 2010 to carry 

16 out section 5202 of the Intelligence Reform and Terrorism 

17 Prevention Act of 2004 (requiring the Secretary to in18 crease by not less than 2,000 the number of positions for 

19 full-time active-duty Border Patrol agents within the De20 partment of Homeland Security above the number of such 

21 positions for which funds were allotted for the preceding 

22 fiscal year) (Public Law 108–458; 118 Stat. 3734). 

23 SEC. 108. PORT OF ENTRY INSPECTION PERSONNEL. 

24 In each of fiscal years 2007 through 2010, the Sec25 retary of Homeland Security shall, subject to the availVerDate Aug 31 2005 19:57 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5067.IH H5067

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1 ability of appropriations, increase by not less than 250 the 

2 number of positions for full-time active duty port of entry 

3 inspectors. There are authorized to be appropriated to the 

4 Secretary such sums as may be necessary for each such 

5 fiscal year to hire, train, equip, and support such addi6 tional inspectors under this section. 

7 SEC. 109. CANINE DETECTION TEAMS. 

8 In each of fiscal years 2007 through 2011, the Sec9 retary of Homeland Security shall, subject to the avail10 ability of appropriations, increase by not less than 25 per11 cent above the number of such positions for which funds 

12 were allotted for the preceding fiscal year the number of 

13 trained detection canines for use at United States ports 

14 of entry and along the international land and maritime 

15 borders of the United States. 

16 SEC. 110. SECURE BORDER INITIATIVE FINANCIAL AC17 COUNTABILITY. 

18 (a) IN GENERAL.—The Inspector General of the De19 partment of Homeland Security shall review each contract 

20 action related to the Department’s Secure Border Initia21 tive having a value greater than $20,000,000, to deter22 mine whether each such action fully complies with applica23 ble cost requirements, performance objectives, program 

24 milestones, inclusion of small, minority, and women-owned 

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1 plete a review under this subsection with respect to a con2 tract action— 

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

4 initiation of the action; and 

5 (2) upon the conclusion of the performance of 

6 the contract. 

7 (b) REPORT BY INSPECTOR GENERAL.—Upon com8 pletion of each review described in subsection (a), the In9 spector General shall submit to the Secretary of Homeland 

10 Security a report containing the findings of the review, 

11 including findings regarding any cost overruns, significant 

12 delays in contract execution, lack of rigorous departmental 

13 contract management, insufficient departmental financial 

14 oversight, bundling that limits the ability of small business 

15 to compete, or other high risk business practices. 

16 (c) REPORT BY SECRETARY.—Not later than 30 days 

17 after the receipt of each report required under subsection 

18 (b), the Secretary of Homeland Security shall submit to 

19 the appropriate congressional committees a report on the 

20 findings of the report by the Inspector General and the 

21 steps the Secretary has taken, or plans to take, to address 

22 the problems identified in such report. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi24 tion to amounts that are otherwise authorized to be appro25 priated to the Office of the Inspector General, an addiVerDate Aug 31 2005 19:57 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5067.IH H5067

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1 tional amount equal to at least five percent for fiscal year 

2 2007, at least six percent for fiscal year 2008, and at least 

3 seven percent for fiscal year 2009 of the overall budget 

4 of the Office for each such fiscal year is authorized to be 

5 appropriated to the Office to enable the Office to carry 

6 out this section. 

7 SEC. 111. BORDER PATROL TRAINING CAPACITY REVIEW. 

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

9 United States shall conduct a review of the basic training 

10 provided to Border Patrol agents by the Department of 

11 Homeland Security to ensure that such training is pro12 vided as efficiently and cost-effectively as possible. 

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

14 subsection (a) shall include the following components: 

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

16 the basic training curriculum provided to new Bor17 der Patrol agents by the Federal Law Enforcement 

18 Training Center, including a description of how the 

19 curriculum has changed since September 11, 2001. 

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

21 costs incurred by United States Customs and Border 

22 Protection and the Federal Law Enforcement Train23 ing Center to train one new Border Patrol agent. 

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

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1 tiveness, scope, and quality, including geographic 

2 characteristics, with other similar law enforcement 

3 training programs provided by State and local agen4 cies, non-profit organizations, universities, and the 

5 private sector. 

6 (4) An evaluation of whether and how utilizing 

7 comparable non-Federal training programs, pro8 ficiency testing to streamline training, and long-dis9 tance learning programs may affect— 

10 (A) the cost-effectiveness of increasing the 

11 number of Border Patrol agents trained per 

12 year and reducing the per agent costs of basic 

13 training; and 

14 (B) the scope and quality of basic training 

15 needed to fulfill the mission and duties of a 

16 Border Patrol agent. 

17 SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW. 

18 Not later than 120 days after the date of the enact19 ment of this Act, the Secretary of Homeland Security shall 

20 submit to the Committee on Homeland Security of the 

21 House of Representatives a report detailing the impact the 

22 airspace security mission in the National Capital Region 

23 (in this section referred to as the ‘‘NCR’’) will have on 

24 the ability of the Department of Homeland Security to 


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1 protect the international land and maritime borders of the 

2 United States. Specifically, the report shall address: 

3 (1) The specific resources, including personnel, 

4 assets, and facilities, devoted or planned to be de5 voted to the NCR airspace security mission, and 

6 from where those resources were obtained or are 

7 planned to be obtained. 

8 (2) An assessment of the impact that diverting 

9 resources to support the NCR mission has or is ex10 pected to have on the traditional missions in and 

11 around the international land and maritime borders 

12 of the United States. 

13 SEC. 113. REPAIR OF PRIVATE INFRASTRUCTURE ON BOR14 DER. 

15 (a) IN GENERAL.—Subject to the amount appro16 priated in subsection (d) of this section, the Secretary of 

17 Homeland Security shall reimburse property owners for 

18 costs associated with repairing damages to the property 

19 owners’ private infrastructure constructed on a United 

20 States Government right-of-way delineating the inter21 national land border when such damages are— 

22 (1) the result of unlawful entry of aliens; and 

23 (2) confirmed by the appropriate personnel of 

24 the Department of Homeland Security and sub25 mitted to the Secretary for reimbursement. 


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1 (b) VALUE OF REIMBURSEMENTS.—Reimbursements 

2 for submitted damages as outlined in subsection (a) shall 

3 not exceed the value of the private infrastructure prior to 

4 damage. 

5 (c) REPORTS.—Not later than six months after the 

6 date of the enactment of this Act and every subsequent 

7 six months until the amount appropriated for this section 

8 is expended in its entirety, the Secretary of Homeland Se9 curity shall submit to the Committee on Homeland Secu10 rity of the House of Representatives a report that details 

11 the expenditures and circumstances in which those ex12 penditures were made pursuant to this section. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 shall be authorized to be appropriated an initial $50,000 

15 for each fiscal year to carry out this section. 

16 SEC. 114. BORDER PATROL UNIT FOR VIRGIN ISLANDS. 

17 Not later than September 30, 2006, the Secretary of 

18 Homeland Security shall establish at least one Border Pa19 trol unit for the Virgin Islands of the United States. 

20 SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF 

21 CENTRAL AMERICAN GANGS ALONG INTER22 NATIONAL BORDER. 

23 Not later than one year after the date of the enact24 ment of this Act, the Secretary of Homeland Security shall 

25 report to the Committee on Homeland Security of the 


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1 House of Representatives on the progress of the Depart2 ment of Homeland Security in tracking the travel of Cen3 tral American gangs across the international land border 

4 of the United States and Mexico. 

5 SEC. 116. COLLECTION OF DATA. 

6 Beginning on October 1, 2006, the Secretary of 

7 Homeland Security shall annually compile data on the fol8 lowing categories of information: 

9 (1) The number of unauthorized aliens who re10 quire medical care taken into custody by Border Pa11 trol officials. 

12 (2) The number of unauthorized aliens with se13 rious injuries or medical conditions Border Patrol 

14 officials encounter, and refer to local hospitals or 

15 other health facilities. 

16 (3) The number of unauthorized aliens with se17 rious injuries or medical conditions who arrive at 

18 United States ports of entry and subsequently are 

19 admitted into the United States for emergency med20 ical care, as reported by United States Customs and 

21 Border Protection. 

22 (4) The number of unauthorized aliens de23 scribed in paragraphs (2) and (3) who subsequently 

24 are taken into custody by the Department of Home25 land Security after receiving medical treatment. 


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1 SEC. 117. DEPLOYMENT OF RADIATION DETECTION POR2 TAL EQUIPMENT AT UNITED STATES PORTS 

3 OF ENTRY. 

4 (a) DEPLOYMENT.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Home6 land Security shall deploy radiation portal monitors at all 

7 United States ports of entry and facilities as determined 

8 by the Secretary to facilitate the screening of all inbound 

9 cargo for nuclear and radiological material. 

10 (b) REPORT.—Not later than 180 days after the date 

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

12 to the Committee on Homeland Security of the House of 

13 Representatives and the Committee on Homeland Security 

14 and Governmental Affairs of the Senate a report on the 

15 Department’s progress toward carrying out the deploy16 ment described in subsection (a). 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary to carry 

19 out subsection (a) such sums as may be necessary for each 

20 of fiscal years 2006 and 2007. 

21 SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE 

22 BORDER INITIATIVE. 

23 It is the sense of Congress that— 

24 (1) as the Secretary of Homeland Security de25 velops and implements the Secure Border Initiative 

26 and other initiatives to strengthen security along the 


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1 Nation’s borders, the Secretary shall conduct exten2 sive outreach to the private sector, including small, 

3 minority-owned, women-owned, and disadvantaged 

4 businesses; and 

5 (2) the Secretary also shall consult with firms 

6 that are practitioners of mission effectiveness at the 

7 Department of Homeland Security, homeland secu8 rity business councils, and associations to identify 

9 existing and emerging technologies and best prac10 tices and business processes, to maximize economies 

11 of scale, cost-effectiveness, systems integration, and 

12 resource allocation, and to identify the most appro13 priate contract mechanisms to enhance financial ac14 countability and mission effectiveness of border secu15 rity programs. 

16 TITLE II—BORDER SECURITY 

17 COOPERATION AND EN18 FORCEMENT 

19 SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES 

20 BORDER SURVEILLANCE AND SUPPORT. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity and the Secretary of Defense shall develop a joint 

23 strategic plan to use the authorities provided to the Sec24 retary of Defense under chapter 18 of title 10, United 

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1 ment of Defense equipment, including unmanned aerial 

2 vehicles, tethered aerostat radars, and other surveillance 

3 equipment, to assist with the surveillance activities of the 

4 Department of Homeland Security conducted at or near 

5 the international land and maritime borders of the United 

6 States. 

7 (b) REPORT.—Not later than six months after the 

8 date of the enactment of this Act, the Secretary of Home9 land Security and the Secretary of Defense shall submit 

10 to Congress a report containing— 

11 (1) a description of the use of Department of 

12 Defense equipment to assist with the surveillance by 

13 the Department of Homeland Security of the inter14 national land and maritime borders of the United 

15 States; 

16 (2) the joint strategic plan developed pursuant 

17 to subsection (a); 

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

19 other support to be provided by the Department of 

20 Defense under the joint strategic plan during the 

21 one-year period beginning after submission of the re22 port under this subsection; and 

23 (4) a description of how the Department of 

24 Homeland Security and the Department of Defense 

25 are working with the Department of Transportation 


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1 on safety and airspace control issues associated with 

2 the use of unmanned aerial vehicles in the National 

3 Airspace System. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed as altering or amending the prohi6 bition on the use of any part of the Army or the Air Force 

7 as a posse comitatus under section 1385 of title 18, 

8 United States Code. 

9 SEC. 202. BORDER SECURITY ON PROTECTED LAND. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity, in consultation with the Secretary of the Interior, 

12 shall evaluate border security vulnerabilities on land di13 rectly adjacent to the international land border of the 

14 United States under the jurisdiction of the Department 

15 of the Interior related to the prevention of the entry of 

16 terrorists, other unlawful aliens, narcotics, and other con17 traband into the United States. 

18 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

19 Based on the evaluation conducted pursuant to subsection 

20 (a), the Secretary of Homeland Security shall provide ap21 propriate border security assistance on land directly adja22 cent to the international land border of the United States 

23 under the jurisdiction of the Department of the Interior, 

24 its bureaus, and tribal entities. 


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1 SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND IN2 FORMATION SHARING TEST AND EVALUA3 TION EXERCISE. 

4 Not later than one year after the date of the enact5 ment of this Act, the Secretary of Homeland Security shall 

6 design and carry out a national border security exercise 

7 for the purposes of— 

8 (1) involving officials from Federal, State, terri9 torial, local, tribal, and international governments 

10 and representatives from the private sector; 

11 (2) testing and evaluating the capacity of the 

12 United States to anticipate, detect, and disrupt 

13 threats to the integrity of United States borders; 

14 and 

15 (3) testing and evaluating the information shar16 ing capability among Federal, State, territorial, 

17 local, tribal, and international governments. 

18 SEC. 204. BORDER SECURITY ADVISORY COMMITTEE. 

19 (a) ESTABLISHMENT OF COMMITTEE.—Not later 

20 than one year after the date of the enactment of this Act, 

21 the Secretary of Homeland Security shall establish an ad22 visory committee to be known as the Border Security Ad23 visory Committee (in this section referred to as the ‘‘Com24 mittee’’). 

25 (b) DUTIES.—The Committee shall advise the Sec26 retary on issues relating to border security and enforceVerDate Aug 31 2005 19:57 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5067.IH H5067

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1 ment along the international land and maritime border of 

2 the United States. 

3 (c) MEMBERSHIP.—The Secretary shall appoint 

4 members to the Committee from the following: 

5 (1) State and local government representatives 

6 from States located along the international land and 

7 maritime borders of the United States. 

8 (2) Community representatives from such 

9 States. 

10 (3) Tribal authorities in such States. 

11 SEC. 205. PERMITTED USE OF HOMELAND SECURITY 

12 GRANT FUNDS FOR BORDER SECURITY AC13 TIVITIES. 

14 (a) REIMBURSEMENT.—The Secretary of Homeland 

15 Security may allow the recipient of amounts under a cov16 ered grant to use those amounts to reimburse itself for 

17 costs it incurs in carrying out any activity that— 

18 (1) relates to the enforcement of Federal laws 

19 aimed at preventing the unlawful entry of persons or 

20 things into the United States, including activities 

21 such as detecting or responding to such an unlawful 

22 entry or providing support to another entity relating 

23 to preventing such an unlawful entry; 

24 (2) is usually a Federal duty carried out by a 

25 Federal agency; and 


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1 (3) is carried out under agreement with a Fed2 eral agency. 

3 (b) USE OF PRIOR YEAR FUNDS.—Subsection (a) 

4 shall apply to all covered grant funds received by a State, 

5 local government, or Indian tribe at any time on or after 

6 October 1, 2001. 

7 (c) COVERED GRANTS.—For purposes of subsection 

8 (a), the term ‘‘covered grant’’ means grants provided by 

9 the Department of Homeland Security to States, local gov10 ernments, or Indian tribes administered under the fol11 lowing programs: 

12 (1) STATE HOMELAND SECURITY GRANT PRO13 GRAM.—The State Homeland Security Grant Pro14 gram of the Department, or any successor to such 

15 grant program. 

16 (2) URBAN AREA SECURITY INITIATIVE.—The 

17 Urban Area Security Initiative of the Department, 

18 or any successor to such grant program. 

19 (3) LAW ENFORCEMENT TERRORISM PREVEN20 TION PROGRAM.—The Law Enforcement Terrorism 

21 Prevention Program of the Department, or any suc22 cessor to such grant program. 


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1 SEC. 206. CENTER OF EXCELLENCE FOR BORDER SECU2 RITY. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall establish a university-based Center of Excel5 lence for Border Security following the merit-review proc6 esses and procedures and other limitations that have been 

7 established for selecting and supporting University Pro8 grams Centers of Excellence. 

9 (b) ACTIVITIES OF THE CENTER.—The Center shall 

10 prioritize its activities on the basis of risk to address the 

11 most significant threats, vulnerabilities, and consequences 

12 posed by United States borders and border control sys13 tems. The activities shall include the conduct of research, 

14 the examination of existing and emerging border security 

15 technology and systems, and the provision of education, 

16 technical, and analytical assistance for the Department of 

17 Homeland Security to effectively secure the borders. 

18 SEC. 207. SENSE OF CONGRESS REGARDING COOPERATION 

19 WITH INDIAN NATIONS. 

20 It is the sense of Congress that— 

21 (1) the Department of Homeland Security 

22 should strive to include as part of a National Strat23 egy for Border Security recommendations on how to 

24 enhance Department cooperation with sovereign In25 dian Nations on securing our borders and preventing 

26 terrorist entry, including, specifically, the DepartVerDate Aug 31 2005 19:57 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5067.IH H5067

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1 ment should consider whether a Tribal Smart Bor2 der working group is necessary and whether further 

3 expansion of cultural sensitivity training, as exists in 

4 Arizona with the Tohono O’odham Nation, should be 

5 expanded elsewhere; and 

6 (2) as the Department of Homeland Security 

7 develops a National Strategy for Border Security, it 

8 should take into account the needs and missions of 

9 each agency that has a stake in border security and 

10 strive to ensure that these agencies work together 

11 cooperatively on issues involving Tribal lands. 

12 TITLE III—DETENTION AND 

13 REMOVAL 

14 SEC. 301. MANDATORY DETENTION FOR ALIENS APPRE15 HENDED AT OR BETWEEN PORTS OF ENTRY. 

16 (a) IN GENERAL.—Beginning on October 1, 2006, an 

17 alien who is attempting to illegally enter the United States 

18 and who is apprehended at a United States port of entry 

19 or along the international land and maritime border of the 

20 United States shall be detained until removed or a final 

21 decision granting admission has been determined, unless 

22 the alien— 

23 (1) is permitted to withdraw an application for 

24 admission under section 235(a)(4) of the Immigra25 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 


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1 immediately departs from the United States pursu2 ant to such section; or 

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

4 Secretary of Homeland Security for urgent humani5 tarian reasons or significant public benefit in accord6 ance with section 212(d)(5)(A) of such Act (8 

7 U.S.C. 1182(d)(5)(A)). 

8 (b) REQUIREMENTS DURING INTERIM PERIOD.—Be9 ginning 60 days after the date of the enactment of this 

10 Act and before October 1, 2006, an alien described in sub11 section (a) may be released with a notice to appear only 

12 if— 

13 (1) the Secretary of Homeland Security deter14 mines, after conducting all appropriate background 

15 and security checks on the alien, that the alien does 

16 not pose a national security risk; and 

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

18 $5,000. 

19 (c) RULES OF CONSTRUCTION.— 

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

21 section shall be construed as limiting the right of an 

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

23 removal based on a fear of persecution. 

24 (2) TREATMENT OF CERTAIN ALIENS.—Nothing 

25 in this section shall be construed to change or alter 


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1 any provision of the Immigration and Nationality 

2 Act (8 U.S.C. 1101 et seq.) relating to an alien who 

3 is a native or citizen of a country in the Western 

4 Hemisphere with whose government the United 

5 States does not have full diplomatic relations. 

6 SEC. 302. ENHANCED DETENTION CAPACITY. 

7 There are authorized to be appropriated to the Sec8 retary of Homeland Security such sums as may be nec9 essary for each of fiscal years 2007 through 2010 to carry 

10 out Section 5204 of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (related to an increase in 

12 the number of beds by not less than 8,000 each fiscal year 

13 available for immigration detention and removal oper14 ations of the Department of Homeland Security) (Public 

15 Law 108–458; 118 Stat. 3734). 

16 SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF 

17 DETENTION FACILITIES. 

18 Subject to the availability of appropriations, the Sec19 retary of Homeland Security shall fully utilize— 

20 (1) all available detention facilities operated or 

21 contracted by the Department of Homeland Secu22 rity; and 

23 (2) all possible options to cost effectively in24 crease available detention capacities, including the 

25 use of temporary detention facilities, the use of 


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1 State and local correctional facilities, private space, 

2 and secure alternatives to detention. 

3 SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR 

4 UNLAWFUL ALIENS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity is authorized to enter into contracts with private enti7 ties for the purpose of providing secure domestic transport 

8 of aliens who are apprehended at or along the inter9 national land or maritime borders from the custody of 

10 United States Customs and Border Protection to deten11 tion facilities and other locations as necessary. 

12 (b) CRITERIA FOR SELECTION.—Notwithstanding 

13 any other provision of law, to enter into a contract under 

14 paragraph (1), a private entity shall submit an application 

15 to the Secretary at such time, in such manner, and con16 taining such information as the Secretary may require. 

17 The Secretary shall select from such applications those en18 tities which offer, in the determination of the Secretary, 

19 the best combination of service, cost, and security. 

20 SEC. 305. DENIAL OF ADMISSION TO NATIONALS OF COUN21 TRY DENYING OR DELAYING ACCEPTING 

22 ALIEN. 

23 Section 243(d) of the Immigration and Nationality 

24 Act (8 U.S.C. 1253(d)) is amended to read as follows: 


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1 ‘‘(d) DENIAL OF ADMISSION TO NATIONALS OF

2 COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.— 

3 Whenever the Secretary of Homeland Security determines 

4 that the government of a foreign country has denied or 

5 unreasonably delayed accepting an alien who is a citizen, 

6 subject, national, or resident of that country after the 

7 alien has been ordered removed, the Secretary, after con8 sultation with the Secretary of State, may deny admission 

9 to any citizen, subject, national, or resident of that coun10 try until the country accepts the alien who was ordered 

11 removed.’’. 

12 SEC. 306. REPORT ON FINANCIAL BURDEN OF REPATRI13 ATION. 

14 Not later than October 31 of each year, the Secretary 

15 of Homeland Security shall submit to the Secretary of 

16 State and Congress a report that details the cost to the 

17 Department of Homeland Security of repatriation of un18 lawful aliens to their countries of nationality or last habit19 ual residence, including details relating to cost per coun20 try. The Secretary shall include in each such report the 

21 recommendations of the Secretary to more cost effectively 

22 repatriate such aliens. 

23 SEC. 307. TRAINING PROGRAM. 

24 Not later than six months after the date of the enact25 ment of this Act, the Secretary of Homeland Security— 


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1 (1) review and evaluate the training provided to 

2 Border Patrol agents and port of entry inspectors 

3 regarding the inspection of aliens to determine 

4 whether an alien is referred for an interview by an 

5 asylum officer for a determination of credible fear; 

6 (2) based on the review and evaluation de7 scribed in paragraph (1), take necessary and appro8 priate measures to ensure consistency in referrals by 

9 Border Patrol agents and port of entry inspectors to 

10 asylum officers for determinations of credible fear. 

11 SEC. 308. EXPEDITED REMOVAL. 

12 (a) IN GENERAL.—Section 235(b)(1)(A)(iii) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1225(b)(1)(A)(iii)) is amended— 

15 (1) in subclause (I), by striking ‘‘Attorney Gen16 eral’’ and inserting ‘‘Secretary of Homeland Secu17 rity’’ each place it appears; and 

18 (2) by adding at the end the following new sub19 clause: 

20 ‘‘(III) EXCEPTION.—Notwith21 standing subclauses (I) and (II), the 

22 Secretary of Homeland Security shall 

23 apply clauses (i) and (ii) of this sub24 paragraph to any alien (other than an 

25 alien described in subparagraph (F)) 


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1 who is not a national of a country 

2 contiguous to the United States, who 

3 has not been admitted or paroled into 

4 the United States, and who is appre5 hended within 100 miles of an inter6 national land border of the United 

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

8 (b) EXCEPTIONS.—Section 235(b)(1)(F) of the Im9 migration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) 

10 is amended by inserting before the period at the end the 

11 following: ‘‘or in any manner at or between a land border 

12 port of entry’’. 

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

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

15 of this Act and shall apply to all aliens apprehended on 

16 or after such date. 

17 TITLE IV—EFFECTIVE ORGANI18 ZATION OF BORDER SECU19 RITY AGENCIES 

20 SEC. 401. ENHANCED BORDER SECURITY COORDINATION 

21 AND MANAGEMENT. 

22 The Secretary of Homeland Security shall ensure full 

23 coordination of border security efforts among agencies 

24 within the Department of Homeland Security, including 

25 United States Immigration and Customs Enforcement, 


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1 United States Customs and Border Protection, and 

2 United States Citizenship and Immigration Services, and 

3 shall identify and remedy any failure of coordination or 

4 integration in a prompt and efficient manner. In par5 ticular, the Secretary of Homeland Security shall— 

6 (1) oversee and ensure the coordinated execu7 tion of border security operations and policy; 

8 (2) establish a mechanism for sharing and co9 ordinating intelligence information and analysis at 

10 the headquarters and field office levels pertaining to 

11 counter-terrorism, border enforcement, customs and 

12 trade, immigration, human smuggling, human traf13 ficking, and other issues of concern to both United 

14 States Immigration and Customs Enforcement and 

15 United States Customs and Border Protection; 

16 (3) establish Department of Homeland Security 

17 task forces (to include other Federal, State, Tribal 

18 and local law enforcement agencies as appropriate) 

19 as necessary to better coordinate border enforcement 

20 and the disruption and dismantling of criminal orga21 nizations engaged in cross-border smuggling, money 

22 laundering, and immigration violations; 

23 (4) enhance coordination between the border se24 curity and investigations missions within the Depart25 ment by requiring that, with respect to cases involvVerDate Aug 31 2005 19:57 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5067.IH H5067

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1 ing violations of the customs and immigration laws 

2 of the United States, United States Customs and 

3 Border Protection coordinate with and refer all such 

4 cases to United States Immigration and Customs 

5 Enforcement; 

6 (5) examine comprehensively the proper alloca7 tion of the Department’s border security related re8 sources, and analyze budget issues on the basis of 

9 Department-wide border enforcement goals, plans, 

10 and processes; 

11 (6) establish measures and metrics for deter12 mining the effectiveness of coordinated border en13 forcement efforts; and 

14 (7) develop and implement a comprehensive 

15 plan to protect the northern and southern land bor16 ders of the United States and address the different 

17 challenges each border faces by— 

18 (A) coordinating all Federal border secu19 rity activities; 

20 (B) improving communications and data 

21 sharing capabilities within the Department and 

22 with other Federal, State, local, tribal, and for23 eign law enforcement agencies on matters relat24 ing to border security; and 


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1 (C) providing input to relevant bilateral 

2 agreements to improve border functions, includ3 ing ensuring security and promoting trade and 

4 tourism. 

5 SEC. 402. OFFICE OF AIR AND MARINE OPERATIONS. 

6 (a) ESTABLISHMENT.—Subtitle C of title IV of the 

7 Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 

8 is amended by adding at the end the following new section: 

9 ‘‘SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS. 

10 ‘‘(a) ESTABLISHMENT.—There is established in the 

11 Department an Office of Air and Marine Operations (re12 ferred to in this section as the ‘Office’). 

13 ‘‘(b) ASSISTANT SECRETARY.—The Office shall be 

14 headed by an Assistant Secretary for Air and Marine Op15 erations who shall be appointed by the President, by and 

16 with the advice and consent of the Senate, and who shall 

17 report directly to the Secretary. The Assistant Secretary 

18 shall be responsible for all functions and operations of the 

19 Office. 

20 ‘‘(c) MISSIONS.— 

21 ‘‘(1) PRIMARY MISSION.—The primary mission 

22 of the Office shall be the prevention of the entry of 

23 terrorists, other unlawful aliens, instruments of ter24 rorism, narcotics, and other contraband into the 

25 United States. 


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1 ‘‘(2) SECONDARY MISSION.—The secondary 

2 mission of the Office shall be to assist other agencies 

3 to prevent the entry of terrorists, other unlawful 

4 aliens, instruments of terrorism, narcotics, and other 

5 contraband into the United States. 

6 ‘‘(d) AIR AND MARINE OPERATIONS CENTER.— 

7 ‘‘(1) IN GENERAL.—The Office shall operate 

8 and maintain the Air and Marine Operations Center 

9 in Riverside, California, or at such other facility of 

10 the Office as is designated by the Secretary. 

11 ‘‘(2) DUTIES.—The Center shall provide com12 prehensive radar, communications, and control serv13 ices to the Office and to eligible Federal, State, or 

14 local agencies (as determined by the Assistant Sec15 retary for Air and Marine Operations), in order to 

16 identify, track, and support the interdiction and ap17 prehension of individuals attempting to enter United 

18 States airspace or coastal waters for the purpose of 

19 narcotics trafficking, trafficking of persons, or other 

20 terrorist or criminal activity. 

21 ‘‘(e) ACCESS TO INFORMATION.—The Office shall en22 sure that other agencies within the Department of Home23 land Security, the Department of Defense, the Depart24 ment of Justice, and such other Federal, State, or local 

25 agencies, as may be determined by the Secretary, shall 


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1 have access to the information gathered and analyzed by 

2 the Center. 

3 ‘‘(f) REQUIREMENT.—Beginning not later than 180 

4 days after the date of the enactment of this Act, the Sec5 retary shall require that all information concerning all 

6 aviation activities, including all airplane, helicopter, or 

7 other aircraft flights, that are undertaken by the either 

8 the Office, United States Immigration and Customs En9 forcement, United States Customs and Border Protection, 

10 or any subdivisions thereof, be provided to the Air and 

11 Marine Operations Center. Such information shall include 

12 the identifiable transponder, radar, and electronic emis13 sions and codes originating and resident aboard the air14 craft or similar asset used in the aviation activity. 

15 ‘‘(g) TIMING.—The Secretary shall require the infor16 mation described in subsection (f) to be provided to the 

17 Air and Marine Operations Center in advance of the avia18 tion activity whenever practicable for the purpose of timely 

19 coordination and conflict resolution of air missions by the 

20 Office, United States Immigration and Customs Enforce21 ment, and United States Customs and Border Protection. 

22 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to alter, impact, diminish, or in 

24 any way undermine the authority of the Administrator of 

25 the Federal Aviation Administration to oversee, regulate, 


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1 and control the safe and efficient use of the airspace of 

2 the United States.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) ADDITIONAL ASSISTANT SECRETARY.—Sec5 tion 103(a)(9) of the Homeland Security Act of 

6 2002 (6 U.S.C. 113(a)(9)) is amended by striking 

7 ‘‘12’’ and inserting ‘‘13’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents in section 1(b) of such Act (6 U.S.C. 101) is 

10 amended by inserting after the item relating to sec11 tion 430 the following new item: 

‘‘Sec. 431. Office of Air and Marine Operations.’’. 

12 SEC. 403. SHADOW WOLVES TRANSFER. 

13 (a) TRANSFER OF EXISTING UNIT.—Not later that 

14 90 days after the date of the enactment of this Act, the 

15 Secretary of Homeland Security shall transfer to United 

16 States Immigration and Customs Enforcement all func17 tions (including the personnel, assets, and liabilities attrib18 utable to such functions) of the Customs Patrol Officers 

19 unit operating on the Tohono O’odham Indian reservation 

20 (commonly known as the ‘‘Shadow Wolves’’ unit). 

21 (b) ESTABLISHMENT OF NEW UNITS.—The Sec22 retary is authorized to establish within United States Im23 migration and Customs Enforcement additional units of 

24 Customs Patrol Officers in accordance with this section, 

25 as appropriate. 


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1 (c) DUTIES.—The Customs Patrol Officer unit trans2 ferred pursuant to subsection (a), and additional units es3 tablished pursuant to subsection (b), shall operate on In4 dian lands by preventing the entry of terrorists, other un5 lawful aliens, instruments of terrorism, narcotics, and 

6 other contraband into the United States. 

7 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—A 

8 Customs Patrol Officer in a unit described in this section 

9 shall receive equivalent pay as a special agent with similar 

10 competencies within United States Immigration and Cus11 toms Enforcement pursuant to the Department of Home12 land Security’s Human Resources Management System 

13 established under section 841 of the Homeland Security 

14 Act (6 U.S.C. 411). 

15 (e) SUPERVISORS.—Each unit described in this sec16 tion shall be supervised by a Chief Customs Patrol Officer, 

17 who shall have the same rank as a resident agent-in18 charge of the Office of Investigations within United States 

19 Immigration and Customs Enforcement. 

Æ 


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