under section 240B(d) of the Immigration and Na-
tionality Act, as amended by paragraph (1). 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply with respect to all orders granting vol-
untary departure under section 240B of the Immi-
gration and Nationality Act (8 U.S.C. 1229c) made 
on or after the date that is 180 days after the date 
of the enactment of this Act. 
(2) EXCEPTION.—The amendment made by 
subsection (b)(2) shall take effect on the date of the 
enactment of this Act and shall apply with respect 
to any petition for review which is entered on or 
after such date. 
SEC. 209. DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAW-
FULLY AND FROM UNLAWFULLY RETURNING 
TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY. 
(a) INADMISSIBLE ALIENS.—Paragraph (9) of sec-
tion 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) is amended—
(1) in subparagraph (A)(i), by striking ‘‘within 
5 years of’’ and inserting ‘‘before, or within 5 years 
of,’’; and 
(2) in subparagraph (A)(ii) by striking ‘‘within 
10 years of’’ and inserting ‘‘before, or within 10 
years of,’’. 
(b) FAILURE TO DEPART, APPLY FOR TRAVEL DOC-
UMENTS, OR APPEAR FOR REMOVAL OR CONSPIRACY TO 
PREVENT OR HAMPER DEPARTURE.—Section 274D of 
such Act (8 U.S.C. 1324d) is amended— 
(1) in subsection (a), by striking ‘‘Commis-
sioner’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) INELIGIBILITY FOR RELIEF.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
unless a timely motion to reopen is granted under 
section 240(c)(6), an alien described in subsection 
(a) shall be ineligible for any discretionary relief 
from removal pursuant to a motion to reopen during 
the time the alien remains in the United States and 
for a period of 10 years after the alien’s departure. 
‘‘(2) EXCEPTION.—Paragraph (1) does not pre-
clude a motion to reopen to seek withholding of re-
moval under section 241(b)(3) or protection against 
torture.’’. 
(c) DETERRING ALIENS FROM UNLAWFULLY RE-
TURNING TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY.—Section 275(a) of such Act (8 U.S.C. 
1325(a)) is amended by inserting ‘‘or following an order 
of voluntary departure’’ after ‘‘a subsequent commission 
of any such offense’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) shall take effect on the date 
of the enactment of this Act with respect to aliens 
who are subject to a final order of removal, whether 
the removal order was entered before, on, or after 
such date. 
(2) VOLUNTARY DEPARTURE.—The amendment 
made by subsection (c) shall take effect on the date 
of the enactment of this Act and shall apply with re-
spect to conduct occurring on or after such date.
TITLE 
III—BORDER 
SECURITY 
COOPERATION 
AND 
EN-
FORCEMENT 
SEC. 301. 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); 
(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; and 
(4) a description of how the Department of 
Homeland Security and the Department of Defense 
are working with the Department of Transportation 
on safety and airspace control issues associated with 
the use of unmanned aerial vehicles in the National 
Airspace System. 
(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. 302. 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. 303. BORDER SECURITY THREAT ASSESSMENT AND IN-
FORMATION SHARING TEST AND EVALUA-
TION EXERCISE. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland 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. 
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 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 
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.
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-
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. 
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-
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-
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-
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.’’. 
(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.
TITLE V—EFFECTIVE ORGANIZA-
TION OF BORDER SECURITY 
AGENCIES 
SEC. 501. ENHANCED BORDER SECURITY COORDINATION 
AND MANAGEMENT. 
The Secretary of Homeland Security shall ensure full 
coordination of border security efforts among agencies 
within the Department of Homeland Security, including 
United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, and 
United States Citizenship and Immigration Services, and 
shall identify and remedy any failure of coordination or 
integration in a prompt and efficient manner. In par-
ticular, the Secretary of Homeland Security shall— 
(1) oversee and ensure the coordinated execu-
tion of border security operations and policy; 
(2) establish a mechanism for sharing and co-
ordinating intelligence information and analysis at 
the headquarters and field office levels pertaining to 
counter-terrorism, border enforcement, customs and 
trade, immigration, human smuggling, human traf-
ficking, and other issues of concern to both United 
States Immigration and Customs Enforcement and 
United States Customs and Border Protection;
(3) establish Department of Homeland Security 
task forces (to include other Federal, State, Tribal 
and local law enforcement agencies as appropriate) 
as necessary to better coordinate border enforcement 
and the disruption and dismantling of criminal orga-
nizations engaged in cross-border smuggling, money 
laundering, and immigration violations; 
(4) enhance coordination between the border se-
curity and investigations missions within the Depart-
ment by requiring that, with respect to cases involv-
ing violations of the customs and immigration laws 
of the United States, United States Customs and 
Border Protection coordinate with and refer all such 
cases to United States Immigration and Customs 
Enforcement; 
(5) examine comprehensively the proper alloca-
tion of the Department’s border security related re-
sources, and analyze budget issues on the basis of 
Department-wide border enforcement goals, plans, 
and processes; 
(6) establish measures and metrics for deter-
mining the effectiveness of coordinated border en-
forcement efforts; and 
(7) develop and implement a comprehensive 
plan to protect the northern and southern land bor-
ders of the United States and address the different 
challenges each border faces by— 
(A) coordinating all Federal border secu-
rity activities; 
(B) improving communications and data 
sharing capabilities within the Department and 
with other Federal, State, local, tribal, and for-
eign law enforcement agencies on matters relat-
ing to border security; and 
(C) providing input to relevant bilateral 
agreements to improve border functions, includ-
ing ensuring security and promoting trade and 
tourism. 
SEC. 502. OFFICE OF AIR AND MARINE OPERATIONS. 
(a) ESTABLISHMENT.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office of Air and Marine Operations (re-
ferred to in this section as the ‘Office’). 
‘‘(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for Air and Marine Op-
erations who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall
report directly to the Secretary. The Assistant Secretary 
shall be responsible for all functions and operations of the 
Office. 
‘‘(c) MISSIONS.— 
‘‘(1) PRIMARY MISSION.—The primary mission 
of the Office shall be the prevention of the entry of 
terrorists, other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband into the 
United States. 
‘‘(2) SECONDARY
MISSION.—The secondary 
mission of the Office shall be to assist other agencies 
to prevent the entry of terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other 
contraband into the United States. 
‘‘(d) AIR AND MARINE OPERATIONS CENTER.— 
‘‘(1) IN
GENERAL.—The Office shall operate 
and maintain the Air and Marine Operations Center 
in Riverside, California, or at such other facility of 
the Office as is designated by the Secretary. 
‘‘(2) DUTIES.—The Center shall provide com-
prehensive radar, communications, and control serv-
ices to the Office and to eligible Federal, State, or 
local agencies (as determined by the Assistant Sec-
retary for Air and Marine Operations), in order to 
identify, track, and support the interdiction and ap-
prehension of individuals attempting to enter United 
States airspace or coastal waters for the purpose of 
narcotics trafficking, trafficking of persons, or other 
terrorist or criminal activity. 
‘‘(e) ACCESS TO INFORMATION.—The Office shall en-
sure that other agencies within the Department of Home-
land Security, the Department of Defense, the Depart-
ment of Justice, and such other Federal, State, or local 
agencies, as may be determined by the Secretary, shall 
have access to the information gathered and analyzed by 
the Center. 
‘‘(f) REQUIREMENT.—Beginning not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall require that all information concerning all 
aviation activities, including all airplane, helicopter, or 
other aircraft flights, that are undertaken by the either 
the Office, United States Immigration and Customs En-
forcement, United States Customs and Border Protection, 
or any subdivisions thereof, be provided to the Air and 
Marine Operations Center. Such information shall include 
the identifiable transponder, radar, and electronic emis-
sions and codes originating and resident aboard the air-
craft or similar asset used in the aviation activity. 
‘‘(g) TIMING.—The Secretary shall require the infor-
mation described in subsection (f) to be provided to the
Air and Marine Operations Center in advance of the avia-
tion activity whenever practicable for the purpose of timely 
coordination and conflict resolution of air missions by the 
Office, United States Immigration and Customs Enforce-
ment, and United States Customs and Border Protection. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter, impact, diminish, or in 
any way undermine the authority of the Administrator of 
the Federal Aviation Administration to oversee, regulate, 
and control the safe and efficient use of the airspace of 
the United States.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ADDITIONAL ASSISTANT SECRETARY.—Sec-
tion 103(a)(9) of the Homeland Security Act of 
2002 (6 U.S.C. 113(a)(9)) is amended by striking 
‘‘12’’ and inserting ‘‘13’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act (6 U.S.C. 101) is 
amended by inserting after the item relating to sec-
tion 430 the following new item: 
‘‘Sec. 431. Office of Air and Marine Operations’’. 
SEC. 503. SHADOW WOLVES TRANSFER. 
(a) TRANSFER OF EXISTING UNIT.—Not later that 
90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall transfer to United 
States Immigration and Customs Enforcement all func-
tions (including the personnel, assets, and liabilities attrib-
utable to such functions) of the Customs Patrol Officers 
unit operating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit). 
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within United States Im-
migration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section, 
as appropriate. 
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a), and additional units es-
tablished pursuant to subsection (b), shall operate on In-
dian lands by preventing the entry of terrorists, other un-
lawful aliens, instruments of terrorism, narcotics, and 
other contraband into the United States. 
(d) BASIC PAY
FOR JOURNEYMAN OFFICERS.—A 
Customs Patrol Officer in a unit described in this section 
shall receive equivalent pay as a special agent with similar 
competencies within United States Immigration and Cus-
toms Enforcement pursuant to the Department of Home-
land Security’s Human Resources Management System 
established under section 841 of the Homeland Security 
Act (6 U.S.C. 411). 
(e) SUPERVISORS.—Each unit described in this sec-
tion shall be supervised by a Chief Customs Patrol Officer,