(C) by adding at the end the following: ‘‘It 
shall be an affirmative defense to an offense 
under this subsection that (A) prior to an alien’s 
reembarkation at a place outside the United 
States or an alien’s application for admission 
from foreign contiguous territory, the Secretary 
of Homeland Security has expressly consented to 
the alien’s reapplying for admission; or (B) with 
respect to an alien previously denied admission 
and removed, such alien was not required to ob-
tain such advance consent under this Act or any 
prior Act.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘impris-
oned not more than 10 years,’’ and insert ‘‘im-
prisoned for a term of not less than 5 years and 
not more than 10 years,’’; 
(B) in paragraph (2), by striking ‘‘impris-
oned not more than 20 years,’’ and insert ‘‘im-
prisoned for a term of not less than 10 years and 
not more than 20 years,’’; 
(C) in paragraph (3), by striking ‘‘. or’’ 
and inserting ‘‘; or’’; 
(D) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert
‘‘imprisoned for a term of not less than 5 years 
and not more than 10 years,’’; and 
(E) by adding at the end the following: 
‘‘The prior convictions in paragraphs (1) and 
(2) are elements of enhanced crimes and the pen-
alties under such paragraphs shall apply only 
where the conviction (or convictions) that form 
the basis for the additional penalty are alleged 
in the indictment or information and are proven 
beyond a reasonable doubt at trial or admitted 
by the defendant in pleading guilty. Any admis-
sible evidence may be used to show that the prior 
conviction is a qualifying crime and the crimi-
nal trial for a violation of either such paragraph 
shall not be bifurcated.’’; 
(3) in subsections (b)(3), (b)(4), and (c), by 
striking ‘‘Attorney General’’ and inserting ‘‘Secretary 
of Homeland Security’’ each place it appears; 
(4) in subsection (c), by striking ‘‘242(h)(2)’’ 
and inserting ‘‘241(a)(4)’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 205. MANDATORY SENTENCING RANGES FOR PERSONS 
AIDING OR ASSISTING CERTAIN REENTERING 
ALIENS. 
Section 277 of the Immigration and Nationality Act 
(8 U.S.C. 1327) is amended— 
(1) by striking ‘‘Any person’’ and inserting ‘‘(a) 
Subject to subsection (b), any person’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) Any person who knowingly aids or assists any 
alien violating section 276(b) to reenter the United States, 
or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to reenter the 
United States, shall be fined under title 18, United States 
Code, imprisoned for a term imposed under paragraph (2), 
or both. 
‘‘(2) The term of imprisonment imposed under para-
graph (1) shall be within the range to which the reentering 
alien is subject under section 276(b).’’. 
SEC. 206. PROHIBITING CARRYING OR USING A FIREARM 
DURING AND IN RELATION TO AN ALIEN 
SMUGGLING CRIME. 
Section 924(c) of title 18, United States Code, is 
amended—
(1) in paragraphs (1)(A) and (1)(D)(ii), by in-
serting ‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’ each place it appears; and 
(2) by adding at the end the following new para-
graph: 
‘‘(6) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, or 1328).’’. 
SEC. 207. CLARIFYING CHANGES. 
(a) EXCLUSION BASED ON FALSE CLAIM OF NATION-
ALITY.— 
(1) IN GENERAL.—Section 212(a)(6)(C)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(ii)) is amended— 
(A) in the heading, by inserting ‘‘OR NA-
TIONALITY’’ after ‘‘CITIZENSHIP’’; and 
(B) by inserting ‘‘or national’’ after ‘‘cit-
izen’’ each place it appears. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to acts occur-
ring before, on, or after such date. 
(b) SHARING
OF INFORMATION.—Section 290(b) of 
such Act (8 U.S.C. 1360(b)) is amended—
(1) by inserting ‘‘, or as to any person seeking 
any benefit or privilege under the immigration laws,’’ 
after ‘‘United States’’; 
(2) by striking ‘‘Service’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(3) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary’’. 
(c) 
EXCEPTIONS
AUTHORITY.—Section 
212(a)(3)(B)(ii) of such Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
is amended by striking ‘‘Subclause (VII)’’ and inserting 
‘‘Subclause (IX)’’. 
SEC. 208. VOLUNTARY DEPARTURE REFORM. 
(a) ENCOURAGING
ALIENS
TO
DEPART
VOLUN-
TARILY.— 
(1) AUTHORITY.—Subsection (a) of section 240B 
of the Immigration and Nationality Act (8 U.S.C. 
1229c) is amended— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN LIEU OF REMOVAL PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of being 
subject to proceedings under section 240, if the alien
is not described in section 237(a)(2)(A)(iii) or section 
237(a)(4).’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) PRIOR TO THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—After removal proceedings under sec-
tion 240 are initiated, the Attorney General may per-
mit an alien voluntarily to depart the United States 
at the alien’s own expense under this subsection, prior 
to the conclusion of such proceedings before an immi-
gration judge, if the alien is not described in section 
237(a)(2)(A)(iii) or section 237(a)(4).’’; and 
(E) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’. 
(2) VOLUNTARY DEPARTURE PERIOD.—Such sec-
tion is further amended— 
(A) in subsection (a)(3), as redesignated by 
paragraph (1)(C)— 
(i) by amending subparagraph (A) to 
read as follows:
‘‘(A) IN LIEU OF REMOVAL.—Subject to sub-
paragraph (C), permission to depart voluntarily 
under paragraph (1) shall not be valid for a pe-
riod exceeding 120 days. The Secretary of Home-
land Security may require an alien permitted to 
depart voluntarily under paragraph (1) to post 
a voluntary departure bond, to be surrendered 
upon proof that the alien has departed the 
United States within the time specified.’’; 
(ii) in subparagraph (B), by striking 
‘‘subparagraphs (C) and (D)(ii)’’ and in-
serting ‘‘subparagraphs (D) and (E)(ii)’’; 
(iii) in subparagraphs (C) and (D), by 
striking ‘‘subparagraph (B)’’ and inserting 
‘‘subparagraph (C)’’ each place it appears; 
(iv) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; and 
(v) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) PRIOR TO THE CONCLUSION OF RE-
MOVAL
PROCEEDINGS.—Permission to depart 
voluntarily under paragraph (2) shall not be 
valid for a period exceeding 60 days, and may 
be granted only after a finding that the alien has
established that the alien has the means to de-
part the United States and intends to do so. An 
alien permitted to depart voluntarily under 
paragraph (2) must post a voluntary departure 
bond, in an amount necessary to ensure that the 
alien will depart, to be surrendered upon proof 
that the alien has departed the United States 
within the time specified. An immigration judge 
may waive posting of a voluntary departure 
bond in individual cases upon a finding that the 
alien has presented compelling evidence that the 
posting of a bond will be a serious financial 
hardship and the alien has presented credible 
evidence that such a bond is unnecessary to 
guarantee timely departure.’’; and 
(B) in subsection (b)(2), by striking ‘‘60 
days’’ and inserting ‘‘45 days’’. 
(3) VOLUNTARY
DEPARTURE
AGREEMENTS.— 
Subsection (c) of such section is amended to read as 
follows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.—Vol-
untary departure will be granted only as part of an 
affirmative agreement by the alien. A voluntary de-
parture agreement under subsection (b) shall include
a waiver of the right to any further motion, appeal, 
application, petition, or petition for review relating 
to removal or relief or protection from removal. 
‘‘(2) CONCESSIONS BY THE SECRETARY.—In con-
nection with the alien’s agreement to depart volun-
tarily under paragraph (1), the Secretary of Home-
land Security in the exercise of discretion may agree 
to a reduction in the period of inadmissibility under 
subparagraph (A) or (B)(i) of section 212(a)(9). 
‘‘(3) FAILURE TO COMPLY WITH AGREEMENT AND 
EFFECT
OF
FILING
TIMELY
APPEAL.—If an alien 
agrees to voluntary departure under this section and 
fails to depart the United States within the time al-
lowed for voluntary departure or fails to comply with 
any other terms of the agreement (including a failure 
to timely post any required bond), the alien auto-
matically becomes ineligible for the benefits of the 
agreement, subject to the penalties described in sub-
section (d), and subject to an alternate order of re-
moval if voluntary departure was granted under sub-
section (a)(2) or (b). However, if an alien agrees to 
voluntary departure but later files a timely appeal of 
the immigration judge’s decision granting voluntary 
departure, the alien may pursue the appeal instead of 
the voluntary departure agreement. Such appeal oper-
ates to void the alien’s voluntary departure agreement 
and the consequences thereof, but the alien may not 
again be granted voluntary departure while the alien 
remains in the United States.’’. 
(4) ELIGIBILITY.—Subsection (e) of such section 
is amended to read as follows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to depart vol-
untarily under this section if the Secretary of Home-
land Security or the Attorney General previously per-
mitted the alien to depart voluntarily. 
‘‘(2) ADDITIONAL LIMITATIONS.—The Secretary 
of Homeland Security may by regulation limit eligi-
bility or impose additional conditions for voluntary 
departure under subsection (a)(1) for any class or 
classes of aliens. The Secretary or Attorney General 
may by regulation limit eligibility or impose addi-
tional conditions for voluntary departure under sub-
section (a)(2) or (b) for any class or classes of aliens. 
Notwithstanding any other provision of law (statu-
tory or nonstatutory), including section 2241 of title 
28, United States Code, or any other habeas corpus 
provision, and section 1361 and 1651 of such title, no
court may review any regulation issued under this 
subsection.’’. 
(b) AVOIDING DELAYS IN VOLUNTARY DEPARTURE.— 
(1) ALIEN’S
OBLIGATION
TO
DEPART
WITHIN 
THE TIME ALLOWED.—Subsection (c) of section 240B 
of the Immigration and Nationality Act (8 U.S.C. 
1229c), as amended by subsection (a), is further 
amended by adding at the end the following new 
paragraph: 
‘‘(4) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary of Homeland Security in writing in the exer-
cise of the Secretary’s discretion before the expiration 
of the period allowed for voluntary departure, no mo-
tion, appeal, application, petition, or petition for re-
view shall affect, reinstate, enjoin, delay, stay, or toll 
the alien’s obligation to depart from the United States 
during the period agreed to by the alien and the Sec-
retary.’’. 
(2) NO TOLLING.—Subsection (f) of such section 
is amended by adding at the end the following new 
sentence: ‘‘Notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other ha-
beas corpus provision, and section 1361 and 1651 of
such title, no court shall have jurisdiction to affect, 
reinstate, enjoin, delay, stay, or toll the period al-
lowed for voluntary departure under this section.’’. 
(c) PENALTIES
FOR FAILURE
TO DEPART VOLUN-
TARILY.— 
(1) PENALTIES FOR FAILURE TO DEPART.—Sub-
section (d) of section 240B of the Immigration and 
Nationality Act (8 U.S.C. 229c) is amended to read 
as follows: 
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to depart voluntarily under this section 
and fails voluntarily to depart from the United States with-
in the time period specified or otherwise violates the terms 
of a voluntary departure agreement, the following provi-
sions apply: 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—The alien will be liable 
for a civil penalty of $3,000. 
‘‘(B) SPECIFICATION IN ORDER.—The order 
allowing voluntary departure shall specify the 
amount of the penalty, which shall be acknowl-
edged by the alien on the record. 
‘‘(C) COLLECTION.—If the Secretary of 
Homeland Security thereafter establishes that the 
alien failed to depart voluntarily within the time
allowed, no further procedure will be necessary to 
establish the amount of the penalty, and the Sec-
retary may collect the civil penalty at any time 
thereafter and by whatever means provided by 
law. 
‘‘(D) INELIGIBILITY
FOR
BENEFITS.—An 
alien will be ineligible for any benefits under 
this title until any civil penalty under this sub-
section is paid. 
‘‘(2) INELIGIBILITY FOR RELIEF.—The alien will 
be ineligible during the time the alien remains in the 
United States and for a period of 10 years after the 
alien’s departure for any further relief under this sec-
tion and sections 240A, 245, 248, and 249. 
‘‘(3) REOPENING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien will be ineligible to reopen 
a final order of removal which took effect upon 
the alien’s failure to depart, or the alien’s viola-
tion of the conditions for voluntary departure, 
during the period described in paragraph (2). 
‘‘(B) EXCEPTION.—Subparagraph (A) does 
not preclude a motion to reopen to seek with-
holding of removal under section 241(b)(3) or 
protection against torture.
The order permitting the alien to depart voluntarily 
under this section shall inform the alien of the pen-
alties under this subsection.’’. 
(2) IMPLEMENTATION OF EXISTING STATUTORY 
PENALTIES.—The Secretary of Homeland Security 
shall implement regulations to provide for the imposi-
tion and collection of penalties for failure to depart 
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 voluntary 
departure under section 240B of the Immigration and 
Nationality Act (8 U.S.C. 1229c) made on or after 
the date that is 180 days after the date of the enact-
ment of this Act. 
(2) EXCEPTION.—The amendment made by sub-
section (b)(2) shall take effect on the date of the enact-
ment 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 section 
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 DOCU-
MENTS, OR APPEAR FOR REMOVAL OR CONSPIRACY TO PRE-
VENT 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 re-
moval 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 RETURN-
ING TO THE UNITED STATES AFTER DEPARTING VOLUN-
TARILY.—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 of-
fense’’. 
(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 re-
moval 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 respect 
to conduct occurring on or after such date.
SEC. 210. ESTABLISHMENT OF A SPECIAL TASK FORCE FOR 
COORDINATING AND DISTRIBUTING INFOR-
MATION 
ON 
FRAUDULENT 
IMMIGRATION 
DOCUMENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a task force (to be known as the Task 
Force on Fraudulent Immigration Documents) to carry out 
the following: 
(1) Collect information from Federal, State, and 
local law enforcement agencies, and Foreign govern-
ments on the production, sale, and distribution of 
fraudulent documents intended to be used to enter or 
to remain in the United States unlawfully. 
(2) Maintain that information in a comprehen-
sive database. 
(3) Convert the information into reports that 
will provide guidance for government officials on 
identifying fraudulent documents being used to enter 
or to remain in the United States unlawfully. 
(4) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
(b) DISTRIBUTION OF INFORMATION.—Distribute the 
reports to appropriate Federal, State, and local law enforce-
ment agencies on an ongoing basis.
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 stra-
tegic plan to use the authorities provided to the Secretary 
of Defense under chapter 18 of title 10, United States Code, 
to increase the availability and use of Department of De-
fense equipment, including unmanned aerial vehicles, teth-
ered 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 Homeland Se-
curity and the Secretary of Defense shall submit to Congress 
a report containing— 
(1) a description of the use of Department of De-
fense 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 report 
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 section 
shall be construed as altering or amending the prohibition 
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 directly ad-
jacent to the international land border of the United States 
under the jurisdiction of the Department of the Interior re-
lated to the prevention of the entry of terrorists, other un-
lawful aliens, narcotics, and other contraband 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 appropriate 
border security assistance on land directly adjacent 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 enactment 
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 advisory 
committee to be known as the Border Security Advisory 
Committee (in this section referred to as the ‘‘Committee’’). 
(b) DUTIES.—The Committee shall advise the Sec-
retary on issues relating to border security and enforcement 
along the international land and maritime border of the 
United States. 
(c) MEMBERSHIP.—The Secretary shall appoint mem-
bers 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 ACTIVITIES. 
(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 govern-
ments, or Indian tribes administered under the following 
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 PREVENTION 
PROGRAM.—The Law Enforcement Terrorism Preven-
tion Program of the Department, or any successor to 
such grant program. 
SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECURITY. 
(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 systems. 
The activities shall include the conduct of research, the ex-
amination of existing and emerging border security tech-
nology and systems, and the provision of education, tech-
nical, 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 Strategy for 
Border Security recommendations on how to enhance 
Department cooperation with sovereign Indian Na-
tions on securing our borders and preventing terrorist 
entry, including, specifically, the Department should 
consider whether a Tribal Smart Border 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 de-
velops 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 co-
operatively 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 Immigration 
and Nationality Act (8 U.S.C. 1225(a)(4)) and im-
mediately departs from the United States pursuant to 
such section; or 
(2) is paroled into the United States by the Sec-
retary 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 subsection 
(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 sec-
tion 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 man-
datory 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 gov-
ernment the United States does not have full diplo-
matic 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 Security; 
and 
(2) all possible options to cost effectively increase 
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 international 
land or maritime borders from the custody of United States
Customs and Border Protection to detention facilities and 
other locations as necessary. 
(b) CRITERIA FOR SELECTION.—Notwithstanding any 
other provision of law, to enter into a contract under para-
graph (1), a private entity shall submit an application to 
the Secretary at such time, in such manner, and containing 
such information as the Secretary may require. The Sec-
retary shall select from such applications those entities 
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 COUN-
TRY 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, na-
tional, or resident of that country after the alien has been 
ordered removed, the Secretary, after consultation with the 
Secretary of State, may deny admission to any citizen, sub-
ject, national, or resident of that country 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 Depart-
ment of Homeland Security of repatriation of unlawful 
aliens to their countries of nationality or last habitual resi-
dence, including details relating to cost per country. The 
Secretary shall include in each such report the rec-
ommendations of the Secretary to more cost effectively repa-
triate 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 re-
garding the inspection of aliens to determine whether 
an alien is referred for an interview by an asylum of-
ficer for a determination of credible fear; 
(2) based on the review and evaluation described 
in paragraph (1), take necessary and appropriate 
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 Im-
migration 
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 con-
tiguous to the United States, who has 
not been admitted or paroled into the 
United States, and who is apprehended 
within 100 miles of an international 
land border of the United States and 
within 14 days of entry.’’. 
(b) EXCEPTIONS.—Section 235(b)(1)(F) of the Immi-
gration 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 de-
tainees held on immigration violations by the Secretary of 
Homeland Security. The report shall include the following 
information with respect to any such deaths and in connec-
tion therewith: 
(1) Whether any crimes were committed by per-
sonnel of the Department of Homeland Security. 
(2) Whether any such deaths were caused by neg-
ligence or deliberate indifference by such personnel. 
(3) Whether Department practice and procedures 
were properly followed and obeyed. 
(4) Whether such practice and procedures are 
sufficient to protect the health and safety of such de-
tainees. 
(5) Whether reports of such deaths were made 
under the Deaths in Custody Act.
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 with-
in 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 particular, the Secretary 
of Homeland Security shall— 
(1) oversee and ensure the coordinated execution 
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;