I 
109TH CONGRESS 
1ST SESSION H. R. 4312 
To establish operational control over the international land and maritime 
borders of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2005 
Mr. KING of New York (for himself, Mr. DANIEL E. LUNGREN of California, 
and Ms. LORETTA SANCHEZ of California) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committees on the Judiciary and Armed Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security and Terrorism Prevention Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
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. 
TITLE II—BORDER SECURITY COOPERATION AND ENFORCEMENT 
Sec. 201. Joint strategic plan for United States border surveillance and sup-
port. 
Sec. 202. Border security on protected land. 
Sec. 203. Border security threat assessment and information sharing test and 
evaluation exercise. 
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 ac-
cepting alien. 
Sec. 306. Report on financial burden of repatriation. 
Sec. 307. Training program. 
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. 
TITLE I—SECURING UNITED 
STATES BORDERS 
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE 
BORDER. 
The Secretary of Homeland Security shall take all ac-
tions 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 tech-
nology, such as unmanned aerial vehicles, ground- 
based sensors, satellites, radar coverage, and cam-
eras; 
(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; 
(3) hiring and training as expeditiously as pos-
sible additional Border Patrol agents authorized 
under section 5202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108– 
458); and 
(4) increasing deployment of United States 
Customs and Border Protection personnel to areas 
along the international land and maritime borders of 
the United States where there are high levels of un-
lawful entry by aliens and other areas likely to be 
impacted by such increased deployment.
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY. 
(a) SURVEILLANCE
PLAN.—Not later than six 
months after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives a comprehensive plan for the systematic surveillance 
of the international land and maritime borders of the 
United States. The plan shall include the following: 
(1) An assessment of existing technologies em-
ployed on such borders. 
(2) A description of how new surveillance tech-
nologies will be compatible with existing surveillance 
technologies. 
(3) A description of how the United States Cus-
toms and Border Protection is working, or is ex-
pected to work, with the Directorate of Science and 
Technology of the Department of Homeland Secu-
rity to identify and test surveillance technology. 
(4) A description of the specific surveillance 
technology to be deployed. 
(5) The identification of any obstacles that may 
impede full implementation of such deployment. 
(6) A detailed estimate of all costs associated 
with the implementation of such deployment and 
continued maintenance of such technologies.
(b) NATIONAL STRATEGY FOR BORDER SECURITY.— 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security, in con-
sultation with the heads of other appropriate Federal 
agencies, shall submit to the Committee on Homeland Se-
curity of the House of Representatives a National Strat-
egy for Border Security to achieve operational control over 
all ports of entry into the United States and the inter-
national land and maritime borders of the United States. 
The Secretary shall update the Strategy as needed and 
shall submit to the Committee, not later than 30 days 
after each such update, the updated Strategy. The Na-
tional Strategy for Border Security shall include the fol-
lowing: 
(1) The implementation timeline for the surveil-
lance plan described in subsection (a). 
(2) A risk assessment of all ports of entry to 
the United States and all portions of the inter-
national land and maritime borders of the United 
States with respect to— 
(A) preventing the entry of terrorists, 
other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband into the United 
States; and
(B) protecting critical infrastructure at or 
near such ports of entry or borders. 
(3) An assessment of the most appropriate, 
practical, and cost-effective means of defending the 
international land and maritime borders of the 
United States against threats to security and illegal 
transit, including intelligence capacities, technology, 
equipment, personnel, and training needed to ad-
dress security vulnerabilities. 
(4) An assessment of staffing needs for all bor-
der security functions, taking into account threat 
and vulnerability information pertaining to the bor-
ders and the impact of new security programs, poli-
cies, and technologies. 
(5) A description of the border security roles 
and missions of Federal, State, regional, local, and 
tribal authorities, and recommendations with respect 
to how the Department of Homeland Security can 
improve coordination with such authorities, to enable 
border security enforcement to be carried out in an 
efficient and effective manner. 
(6) A prioritization of research and development 
objectives to enhance the security of the inter-
national land and maritime borders of the United 
States.
(7) A description of ways to ensure that the 
free flow of legitimate travel and commerce of the 
United States is not diminished by efforts, activities, 
and programs aimed at securing the international 
land and maritime borders of the United States. 
(8) An assessment of additional detention facili-
ties and bed space needed to detain unlawful aliens 
apprehended at United States ports of entry or 
along the international land borders of the United 
States in accordance with the National Strategy for 
Border Security required under this subsection and 
the mandatory detention requirement described in 
section 301 of this Act. 
(9) A description of how the Secretary shall en-
sure accountability within the appropriate agencies 
of the Department of Homeland Security responsible 
for implementing the border security measures de-
termined necessary upon completion of the National 
Strategy for Border Security. 
(10) A timeline for the implementation of the 
additional security measures determined necessary 
as part of the National Strategy for Border Secu-
rity, including a prioritization of security measures, 
realistic deadlines for addressing the security and
enforcement needs, and resource estimates and allo-
cations. 
(c) CONSULTATION.—In creating the National Strat-
egy for Border Security described in subsection (b), the 
Secretary shall consult with— 
(1) State, local, and tribal authorities along the 
international land and maritime borders of the 
United States; and 
(2) an appropriate cross-section of private sec-
tor and nongovernmental organizations with relevant 
expertise. 
(d) PRIORITY OF NATIONAL STRATEGY.—The Na-
tional Strategy for Border Security described in subsection 
(b) shall be the controlling document for security and en-
forcement efforts related to securing the international land 
and maritime borders of the United States. 
(e) IMMEDIATE ACTION.—Nothing in this section 
shall be construed to relieve the Secretary of the responsi-
bility to take all actions necessary and appropriate to 
achieve and maintain operational control over the entire 
international land and maritime borders of the United 
States pursuant to section 101 of this Act or any other 
provision of law.
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY 
AGREEMENTS. 
(a) IN GENERAL.—Not later than six months 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 a re-
port on the implementation of the cross-border security 
agreements signed by the United States with Mexico and 
Canada. 
(b) UPDATES.—The Secretary shall regularly update 
the Committee concerning such implementation. 
SEC. 104. BIOMETRIC DATA ENHANCEMENTS. 
Not later than October 1, 2006, the Secretary of 
Homeland Security shall— 
(1) in consultation with the Attorney General, 
enhance connectivity between the IDENT and 
IAFIS fingerprint databases to ensure more expedi-
tious data searches; and 
(2) in consultation with the Secretary of State, 
collect ten fingerprints from each alien required to 
provide fingerprints during the alien’s initial enroll-
ment in the integrated entry and exit data system 
described in section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note).
SEC. 105. ONE FACE AT THE BORDER INITIATIVE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to Congress a report— 
(1) describing the tangible and quantifiable 
benefits of the One Face at the Border Initiative es-
tablished by the Department of Homeland Security; 
(2) identifying goals for and challenges to in-
creased effectiveness of the One Face at the Border 
Initiative; 
(3) providing a breakdown of the number of in-
spectors who were— 
(A) personnel of the United States Cus-
toms Service before the date of the establish-
ment of the Department of Homeland Security; 
(B) personnel of the Immigration and Nat-
uralization Service before the date of the estab-
lishment of the Department; 
(C) personnel of the Department of Agri-
culture before the date of the establishment of 
the Department; or 
(D) hired after the date of the establish-
ment of the Department; 
(4) describing the training time provided to 
each employee on an annual basis for the various
training components of the One Face at the Border 
Initiative; and 
(5) outlining the steps taken by the Department 
to ensure that expertise is retained with respect to 
customs, immigration, and agriculture inspection 
functions under the One Face at the Border Initia-
tive. 
SEC. 106. SECURE COMMUNICATION. 
The Secretary of Homeland Security shall, as expedi-
tiously as practicable, develop and implement a plan to 
ensure clear and secure two-way communication capabili-
ties— 
(1) among all Border Patrol agents conducting 
operations between ports of entry; and 
(2) between Border Patrol agents and their re-
spective Border Patrol stations. 
SEC. 107. BORDER PATROL AGENTS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary for each of fiscal years 2007 through 2010 to carry 
out section 5202 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (requiring the Secretary to in-
crease by not less than 2,000 the number of positions for 
full-time active-duty Border Patrol agents within the De-
partment of Homeland Security above the number of such
positions for which funds were allotted for the preceding 
fiscal year) (Public Law 108–458;118 Stat. 3734). 
SEC. 108. PORT OF ENTRY INSPECTION PERSONNEL. 
In each of fiscal years 2007 through 2010, the Sec-
retary of Homeland Security shall, subject to the avail-
ability of appropriations, increase by not less than 250 the 
number of positions for full-time active duty port of entry 
inspectors. There are authorized to be appropriated to the 
Secretary such sums as may be necessary for each such 
fiscal year to hire, train, equip, and support such addi-
tional inspectors under this section. 
SEC. 109. CANINE DETECTION TEAMS. 
In each of fiscal years 2007 through 2011, the Sec-
retary of Homeland Security shall, subject to the avail-
ability of appropriations, increase by not less than 25 per-
cent above the number of such positions for which funds 
were allotted for the preceding fiscal year the number of 
trained detection canines for use at United States ports 
of entry and along the international land and maritime 
borders of the United States. 
SEC. 110. SECURE BORDER INITIATIVE FINANCIAL AC-
COUNTABILITY. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Homeland Security shall review each contract 
action related to the Department’s Secure Border Initia-
tive having a value greater than $20,000,000, to deter-
mine whether each such action fully complies with applica-
ble cost requirements, performance objectives, program 
milestones, and timelines. The Inspector General shall 
complete a review under this subsection with respect to 
a contract action— 
(1) not later than 60 days after the date of the 
initiation of the action; and 
(2) upon the conclusion of the performance of 
the contract. 
(b) REPORT BY INSPECTOR GENERAL.—Upon com-
pletion of each review described in subsection (a), the In-
spector General shall submit to the Secretary of Homeland 
Security a report containing the findings of the review, 
including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental 
contract management, insufficient departmental financial 
oversight, or other indicators of a high risk contract. 
(c) REPORT BY SECRETARY.—Not later than 30 days 
after the receipt of each report required under subsection 
(b), the Secretary of Homeland Security shall submit to 
the Committee on Homeland Security of the House of 
Representatives a report on the findings of the report by 
the Inspector General and the steps the Secretary has
taken, or plans to take, to address the problems identified 
in such report. 
SEC. 111. BORDER PATROL TRAINING CAPACITY REVIEW. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a review of the basic training 
provided to Border Patrol agents by the Department of 
Homeland Security to ensure that such training is pro-
vided as efficiently and cost-effectively as possible. 
(b) COMPONENTS OF REVIEW.—The review under 
subsection (a) shall include the following components: 
(1) An evaluation of the length and content of 
the basic training curriculum provided to new Bor-
der Patrol agents by the Federal Law Enforcement 
Training Center, including a description of how the 
curriculum has changed since September 11, 2001. 
(2) A review and a detailed breakdown of the 
costs incurred by United States Customs and Border 
Protection and the Federal Law Enforcement Train-
ing Center to train one new Border Patrol agent. 
(3) A comparison, based on the review and 
breakdown under paragraph (2) of the costs, effec-
tiveness, scope, and quality, including geographic 
characteristics, with other similar law enforcement 
training programs provided by State and local agen-
cies, non-profit organizations, universities, and the 
private sector. 
(4) An evaluation of whether and how utilizing 
comparable non-Federal training programs, pro-
ficiency testing to streamline training, and long-dis-
tance learning programs may affect— 
(A) the cost-effectiveness of increasing the 
number of Border Patrol agents trained per 
year and reducing the per agent costs of basic 
training; and 
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a 
Border Patrol agent. 
SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the 
House of Representatives a report detailing the impact the 
airspace security mission in the National Capital Region 
(in this section referred to as the ‘‘NCR’’) will have on 
the ability of the Department of Homeland Security to 
protect the international land and maritime borders of the 
United States. Specifically, the report shall address: 
(1) The specific resources, including personnel, 
assets, and facilitates, devoted or planned to be de-
voted to the NCR airspace security mission, and 
from where those resources were obtained or are 
planned to be obtained. 
(2) An assessment of the impact that diverting 
resources to support the NCR mission has or is ex-
pected to have on the traditional missions in and 
around the international land and maritime borders 
of the United States. 
TITLE 
II—BORDER 
SECURITY 
COOPERATION 
AND 
EN-
FORCEMENT 
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES 
BORDER SURVEILLANCE AND SUPPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity and the Secretary of Defense shall develop a joint 
strategic plan to use the authorities provided to the Sec-
retary of Defense under chapter 18 of title 10, United 
States Code, to increase the availability and use of Depart-
ment of Defense equipment, including unmanned aerial 
vehicles, tethered aerostat radars, and other surveillance 
equipment, to assist with the surveillance activities of the 
Department of Homeland Security conducted at or near 
the international land and maritime borders of the United 
States.
(b) REPORT.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Home-
land Security and the Secretary of Defense shall submit 
to Congress a report containing— 
(1) a description of the use of Department of 
Defense equipment to assist with the surveillance by 
the Department of Homeland Security of the inter-
national land and maritime borders of the United 
States; 
(2) the joint strategic plan developed pursuant 
to subsection (a); and 
(3) a description of the types of equipment and 
other support to be provided by the Department of 
Defense under the joint strategic plan during the 
one-year period beginning after submission of the re-
port under this subsection. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as altering or amending the prohi-
bition on the use of any part of the Army or the Air Force 
as a posse comitatus under section 1385 of title 18, 
United States Code. 
SEC. 202. BORDER SECURITY ON PROTECTED LAND. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of the Interior, 
shall evaluate border security vulnerabilities on land di-
rectly adjacent to the international land border of the 
United States under the jurisdiction of the Department 
of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other con-
traband into the United States. 
(b) SUPPORT
FOR BORDER SECURITY NEEDS.— 
Based on the evaluation conducted pursuant to subsection 
(a), the Secretary of Homeland Security shall provide ap-
propriate border security assistance on land directly adja-
cent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, 
its bureaus, and tribal entities. 
SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND IN-
FORMATION SHARING TEST AND EVALUA-
TION EXERCISE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall 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. 
TITLE III—DETENTION AND 
REMOVAL 
SEC. 301. 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-
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.—Nothing 
in this section shall be construed to change or alter 
any provision of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) relating to an alien who 
is a native or citizen of a country in the Western 
Hemisphere with whose government the United 
States does not have full diplomatic relations