design and carry out a national border security exercise 
for the purposes of— 
(1) involving officials from Federal, State, terri-
torial, local, tribal, and international governments 
and representatives from the private sector; 
(2) testing and evaluating the capacity of the 
United States to anticipate, detect, and disrupt 
threats to the integrity of United States borders; 
and 
(3) testing and evaluating the information shar-
ing capability among Federal, State, territorial, 
local, tribal, and international governments. 
SEC. 304. BORDER SECURITY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT
OF COMMITTEE.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall establish an ad-
visory committee to be known as the Border Security Ad-
visory Committee (in this section referred to as the ‘‘Com-
mittee’’). 
(b) DUTIES.—The Committee shall advise the Sec-
retary on issues relating to border security and enforce-
ment along the international land and maritime border of 
the United States. 
(c) MEMBERSHIP.—The Secretary shall appoint 
members to the Committee from the following:
(1) State and local government representatives 
from States located along the international land and 
maritime borders of the United States. 
(2) Community representatives from such 
States. 
(3) Tribal authorities in such States. 
SEC. 305. PERMITTED USE OF HOMELAND SECURITY 
GRANT FUNDS FOR BORDER SECURITY AC-
TIVITIES. 
(a) REIMBURSEMENT.—The Secretary of Homeland 
Security may allow the recipient of amounts under a cov-
ered grant to use those amounts to reimburse itself for 
costs it incurs in carrying out any terrorism prevention 
or deterrence activity that— 
(1) relates to the enforcement of Federal laws 
aimed at preventing the unlawful entry of persons or 
things into the United States, including activities 
such as detecting or responding to such an unlawful 
entry or providing support to another entity relating 
to preventing such an unlawful entry; 
(2) is usually a Federal duty carried out by a 
Federal agency; and 
(3) is carried out under agreement with a Fed-
eral agency.
(b) USE OF PRIOR YEAR FUNDS.—Subsection (a) 
shall apply to all covered grant funds received by a State, 
local government, or Indian tribe at any time on or after 
October 1, 2001. 
(c) COVERED GRANTS.—For purposes of subsection 
(a), the term ‘‘covered grant’’ means grants provided by 
the Department of Homeland Security to States, local gov-
ernments, or Indian tribes administered under the fol-
lowing programs: 
(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program. 
(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, 
or any successor to such grant program. 
(3) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—The Law Enforcement Terrorism 
Prevention Program of the Department, or any suc-
cessor to such grant program. 
SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECU-
RITY. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a university-based Center of Excel-
lence for Border Security following the merit-review proc-
esses and procedures and other limitations that have been 
established for selecting and supporting University Pro-
grams Centers of Excellence. 
(b) ACTIVITIES OF THE CENTER.—The Center shall 
prioritize its activities on the basis of risk to address the 
most significant threats, vulnerabilities, and consequences 
posed by United States borders and border control sys-
tems. The activities shall include the conduct of research, 
the examination of existing and emerging border security 
technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of 
Homeland Security to effectively secure the borders. 
SEC. 307. SENSE OF CONGRESS REGARDING COOPERATION 
WITH INDIAN NATIONS. 
It is the sense of Congress that— 
(1) the Department of Homeland Security 
should strive to include as part of a National Strat-
egy for Border Security recommendations on how to 
enhance Department cooperation with sovereign In-
dian Nations on securing our borders and preventing 
terrorist entry, including, specifically, the Depart-
ment should consider whether a Tribal Smart Bor-
der working group is necessary and whether further 
expansion of cultural sensitivity training, as exists in
100
Arizona with the Tohono O’odham Nation, should be 
expanded elsewhere; and 
(2) as the Department of Homeland Security 
develops a National Strategy for Border Security, it 
should take into account the needs and missions of 
each agency that has a stake in border security and 
strive to ensure that these agencies work together 
cooperatively on issues involving Tribal lands. 
SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended—
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ and inserting ‘‘Department of Home-
land Security’’ each place it appears; and 
(2) by adding at the end the following: 
‘‘(d) ENFORCEMENT.—
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any 
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to that 
person, agency, or entity any grant amount pursuant
101
to any law enforcement grant program carried out 
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), and 
shall ensure that no such grant amounts are pro-
vided, directly or indirectly, to such person, agency, 
or entity. In the case of grant amounts that other-
wise would be provided to such person, agency, or 
entity pursuant to a formula, such amounts shall be 
reallocated among eligible recipients. 
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or 
local government official is in violation of subsection 
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the 
official shall be subject to the sanction under para-
graph (1). 
‘‘(3) DURATION.—The sanction under para-
graph (1) shall remain in effect until the Attorney 
General determines that the person, agency, or enti-
ty has ceased violating subsections (a) and (b).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to grant requests pending on 
or after the date of the enactment of this Act.
102
SEC. 309. RED ZONE DEFENSE BORDER INTELLIGENCE 
PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security and the Director of National Intelligence shall 
jointly establish a pilot program to improve the coordina-
tion and management of intelligence and homeland secu-
rity information provided to or utilized by the Department 
of Homeland Security relating to the southwest inter-
national land and maritime border of the United States. 
(b) PILOT AREA.—The Secretary of Homeland Secu-
rity and the Director of National Intelligence shall des-
ignate a geographic area along the southwest international 
land and maritime border of the United States centered 
on Cochise County, Arizona, to be the pilot area for the 
pilot program established pursuant to subsection (a). 
(c) PROGRAM.—The pilot program established pursu-
ant to subsection (a) shall—
(1) coordinate and facilitate the sharing of in-
telligence and homeland security information related 
to border security within the pilot area designated 
pursuant to subsection (b) among Federal, State, 
local, and tribal governments, including relevant in-
telligence and homeland security information pro-
vided to the Department of Homeland Security by 
the intelligence community and relevant intelligence 
and homeland security information gathered by the
103
Department of Homeland Security from other 
sources; 
(2) to the maximum extent possible, provide for 
persistent surveillance of such pilot area; 
(3) to the maximum extent possible, utilize air-
ships, aerostats, and existing unmanned aerial vehi-
cles to provide for surveillance of such pilot area; 
(4) to the maximum extent possible, fully utilize 
the capabilities of underutilized assets currently 
available to conduct surveillance of such pilot area; 
(5) where practicable, utilize the capabilities of 
existing operational and analytical centers that ana-
lyze intelligence and homeland security information 
relating to such pilot area from multiple sources and 
improve the interoperability of such centers; 
(6) consistent with applicable security require-
ments, disseminate actionable intelligence and home-
land security information relating to border security 
within such pilot area to the appropriate Federal, 
State, local, tribal, and foreign governments to sup-
port operational activities relating to border security 
within such pilot area; 
(7) provide for direct transmission of such ac-
tionable intelligence and homeland security informa-
104
tion to operational and analytical centers included in 
the pilot program; 
(8) provide for a representative of the Depart-
ment of Homeland Security to be assigned to each 
operational and analytical center to facilitate the im-
mediate utilization, where practicable, of such ac-
tionable intelligence and homeland security informa-
tion; and 
(9) develop metrics to assess the capability of 
such pilot program to improve border security. 
(d) STRATEGY COORDINATION.—In establishing the 
pilot program under subsection (a), the Director of Na-
tional Intelligence shall coordinate the intelligence activi-
ties of the pilot program with the relevant activities and 
programs of other elements of the intelligence community. 
(e) HEADQUARTERS.—The Secretary of Homeland 
Security and the Director of National Intelligence may es-
tablish a headquarters for the pilot program established 
pursuant to subsection (a) within the area designated as 
the pilot area pursuant to subsection (b). 
(f) DURATION.—The pilot program established pur-
suant to subsection (a) shall last a minimum of two years. 
(g) REPORT.—Not later than one year after the es-
tablishment of the pilot program pursuant to subsection 
(a), the Secretary of Homeland Security and the Director
105
of National Intelligence shall submit to Congress a report 
containing—
(1) the lessons learned from such pilot program 
based on the metrics developed pursuant to sub-
section (c)(9); 
(2) recommendations for enhancing the provi-
sion and sharing of intelligence and homeland secu-
rity information relating to border security under 
the National Strategy for Border Security submitted 
pursuant to section 102(b) and with other programs 
of the intelligence community relating to border se-
curity; and 
(3) an identification of any provisions of law 
that may impede effective coordination of intel-
ligence and homeland security information relating 
to the southwest international land and maritime 
border of the United States. 
(h) DEFINITIONS.—In this section: 
(1) HOMELAND SECURITY INFORMATION.—The 
term ‘‘homeland security information’’ has the 
meaning given the term in section 892(f)(1) of the 
Homeland 
Security 
Act 
of 
2002 
(6 
U.S.C. 
482(f)(1)). 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given the
106
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
TITLE IV—DETENTION AND 
REMOVAL 
SEC. 401. MANDATORY DETENTION FOR ALIENS APPRE-
HENDED AT OR BETWEEN PORTS OF ENTRY. 
(a) IN GENERAL.—Beginning on October 1, 2006, an 
alien who is attempting to illegally enter the United States 
and who is apprehended at a United States port of entry 
or along the international land and maritime border of the 
United States shall be detained until removed or a final 
decision granting admission has been determined, unless 
the alien— 
(1) is permitted to withdraw an application for 
admission under section 235(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 
immediately departs from the United States pursu-
ant to such section; or 
(2) is paroled into the United States by the 
Secretary of Homeland Security for urgent humani-
tarian reasons or significant public benefit in accord-
107
ance with section 212(d)(5)(A) of such Act (8 
U.S.C. 1182(d)(5)(A)). 
(b) REQUIREMENTS DURING INTERIM PERIOD.—Be-
ginning 60 days after the date of the enactment of this 
Act and before October 1, 2006, an alien described in sub-
section (a) may be released with a notice to appear only 
if— 
(1) the Secretary of Homeland Security deter-
mines, after conducting all appropriate background 
and security checks on the alien, that the alien does 
not pose a national security risk; and 
(2) the alien provides a bond of not less than 
$5,000. 
(c) RULES OF CONSTRUCTION.— 
(1) ASYLUM AND REMOVAL.—Nothing in this 
section shall be construed as limiting the right of an 
alien to apply for asylum or for relief or deferral of 
removal based on a fear of persecution. 
(2) TREATMENT
OF
CERTAIN
ALIENS.—The 
mandatory detention requirement in subsection (a) 
does not apply to any alien who is a native or citizen 
of a country in the Western Hemisphere with whose 
government the United States does not have full dip-
lomatic relations.
108
(3) DISCRETION.—Nothing in this section shall 
be construed as limiting the authority of the Sec-
retary of Homeland Security, in the Secretary’s sole 
unreviewable discretion, to determine whether an 
alien described in clause (ii) of section 235(b)(1)(B) 
of the Immigration and Nationality Act shall be de-
tained or released after a finding of a credible fear 
of persecution (as defined in clause (v) of such sec-
tion). 
SEC. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF 
DETENTION FACILITIES. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall fully utilize— 
(1) all available detention facilities operated or 
contracted by the Department of Homeland Secu-
rity; and 
(2) all possible options to cost effectively in-
crease available detention capacities, including the 
use of temporary detention facilities, the use of 
State and local correctional facilities, private space, 
and secure alternatives to detention. 
SEC. 403. ENHANCING TRANSPORTATION CAPACITY FOR 
UNLAWFUL ALIENS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is authorized to enter into contracts with private enti-
109
ties for the purpose of providing secure domestic transport 
of aliens who are apprehended at or along the inter-
national land or maritime borders from the custody of 
United States Customs and Border Protection to deten-
tion facilities and other locations as necessary. 
(b) CRITERIA
FOR SELECTION.—Notwithstanding 
any other provision of law, to enter into a contract under 
paragraph (1), a private entity shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
The Secretary shall select from such applications those en-
tities which offer, in the determination of the Secretary, 
the best combination of service, cost, and security. 
SEC. 404. DENIAL OF ADMISSION TO NATIONALS OF COUN-
TRY DENYING OR DELAYING ACCEPTING 
ALIEN. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended to read as follows: 
‘‘(d) DENIAL
OF ADMISSION
TO NATIONALS
OF 
COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.—
Whenever the Secretary of Homeland Security determines 
that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, 
subject, national, or resident of that country after the 
alien has been ordered removed, the Secretary, after con-
110
sultation with the Secretary of State, may deny admission 
to any citizen, subject, national, or resident of that coun-
try until the country accepts the alien who was ordered 
removed.’’. 
SEC. 405. REPORT ON FINANCIAL BURDEN OF REPATRI-
ATION. 
Not later than October 31 of each year, the Secretary 
of Homeland Security shall submit to the Secretary of 
State and Congress a report that details the cost to the 
Department of Homeland Security of repatriation of un-
lawful aliens to their countries of nationality or last habit-
ual residence, including details relating to cost per coun-
try. The Secretary shall include in each such report the 
recommendations of the Secretary to more cost effectively 
repatriate such aliens. 
SEC. 406. TRAINING PROGRAM. 
Not later than six months after the date of the enact-
ment of this Act, the Secretary of Homeland Security— 
(1) review and evaluate the training provided to 
Border Patrol agents and port of entry inspectors 
regarding the inspection of aliens to determine 
whether an alien is referred for an interview by an 
asylum officer for a determination of credible fear; 
(2) based on the review and evaluation de-
scribed in paragraph (1), take necessary and appro-
111
priate measures to ensure consistency in referrals by 
Border Patrol agents and port of entry inspectors to 
asylum officers for determinations of credible fear. 
SEC. 407. EXPEDITED REMOVAL. 
(a) IN GENERAL.—Section 235(b)(1)(A)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(A)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’ each place it appears; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(III) 
EXCEPTION.—Notwith-
standing subclauses (I) and (II), the 
Secretary of Homeland Security shall 
apply clauses (i) and (ii) of this sub-
paragraph to any alien (other than an 
alien described in subparagraph (F)) 
who is not a national of a country 
contiguous to the United States, who 
has not been admitted or paroled into 
the United States, and who is appre-
hended within 100 miles of an inter-
national land border of the United 
States and within 14 days of entry.’’.
112
(b) EXCEPTIONS.—Section 235(b)(1)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) 
is amended by striking ‘‘who arrives by aircraft at a port 
of entry’’ and inserting ‘‘, and who arrives by aircraft at 
a port of entry or who is present in the United States 
and arrived in any manner at or between a port of entry’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to all aliens apprehended on 
or after such date. 
SEC. 408. GAO STUDY ON DEATHS IN CUSTODY. 
The Comptroller General of the United States, within 
6 months after the date of the enactment of this Act, shall 
submit to Congress a report on the deaths in custody of 
detainees held on immigration violations by the Secretary 
of Homeland Security. The report shall include the fol-
lowing information with respect to any such deaths and 
in connection therewith: 
(1) Whether any crimes were committed by per-
sonnel of the Department of Homeland Security. 
(2) Whether any such deaths were caused by 
negligence or deliberate indifference by such per-
sonnel. 
(3) Whether Department practice and proce-
dures were properly followed and obeyed.
113
(4) Whether such practice and procedures are 
sufficient to protect the health and safety of such 
detainees. 
(5) Whether reports of such deaths were made 
under the Deaths in Custody Act. 
SEC. 409. REPORT ON APPREHENSION AND DETENTION OF 
CERTAIN ALIENS. 
(a) REPORT REQUIRED.—Not later than two years 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to Congress a report 
on—
(1) the number of illegal aliens from noncontig-
uous countries who are apprehended at or between 
ports of entry since the date of enactment of this 
Act; 
(2) the number of such aliens who have been 
deported since the date of enactment of this Act; 
and 
(3) the number of such aliens from countries 
the governments of which the Secretary of State has 
determined, for purposes section 6(j)(1)(A) of the 
Export Administration Act of 1979 (as in effect pur-
suant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 
of the Arms Export Control Act (22 U.S.C.