IB 
Union Calendar No. 181 
109TH CONGRESS 
1ST SESSION H. R. 4312 
[Report No. 109–329, Part I] 
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 
DECEMBER 6, 2005 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
Additional sponsors: Mr. SMITH of Texas, Mr. LINDER, Mr. SOUDER, Mr. 
GIBBONS, Mr. SIMMONS, Mr. ROGERS of Alabama, Mr. PEARCE, Ms. 
HARRIS, Mr. REICHERT, Mr. MCCAUL of Texas, Mr. DENT, Ms. GINNY 
BROWN-WAITE of Florida, Mr. MCHUGH, Mr. ROYCE, Mrs. MYRICK, Mr. 
GORDON, Mr. SHUSTER, and Mr. ISTOOK 
Deleted sponsor: Ms. LORETTA SANCHEZ of California (added November 14, 
2005; deleted December 6, 2005) 
DECEMBER 6, 2005 
Committees on the Judiciary and Armed Services discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed
[For text of introduced bill, see copy of bill as introduced on November 14, 2005] 
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. 
Sec. 2. Definitions. 
TITLE I—SECURING UNITED STATES BORDERS 
Sec. 101. Achieving operational control on the border. 
Sec. 102. National strategy for border security. 
Sec. 103. Implementation of cross-border security agreements. 
Sec. 104. Biometric data enhancements. 
Sec. 105. One face at the border initiative. 
Sec. 106. Secure communication. 
Sec. 107. Border patrol agents. 
Sec. 108. Port of entry inspection personnel. 
Sec. 109. Canine detection teams. 
Sec. 110. Secure border initiative financial accountability. 
Sec. 111. Border patrol training capacity review. 
Sec. 112. Airspace security mission impact review. 
Sec. 113. Repair of private infrastructure on border. 
Sec. 114. Border Patrol unit for Virgin Islands. 
Sec. 115. Report on progress in tracking travel of Central American gangs along 
international border. 
Sec. 116. Collection of data. 
Sec. 117. Deployment of radiation detection portal equipment at United States 
ports of entry. 
Sec. 118. Sense of Congress regarding the Secure Border Initiative.
TITLE II—BORDER SECURITY COOPERATION AND ENFORCEMENT 
Sec. 201. Joint strategic plan for United States border surveillance and support. 
Sec. 202. Border security on protected land. 
Sec. 203. Border security threat assessment and information sharing test and 
evaluation exercise. 
Sec. 204. Border Security Advisory Committee. 
Sec. 205. Permitted use of Homeland Security grant funds for border security ac-
tivities. 
Sec. 206. Center of excellence for border security. 
Sec. 207. Sense of Congress regarding cooperation with Indian Nations. 
TITLE III—DETENTION AND REMOVAL 
Sec. 301. Mandatory detention for aliens apprehended at or between ports of 
entry. 
Sec. 302. Enhanced detention capacity. 
Sec. 303. Expansion and effective management of detention facilities. 
Sec. 304. Enhancing transportation capacity for unlawful aliens. 
Sec. 305. Denial of admission to nationals of country denying or delaying accept-
ing alien. 
Sec. 306. Report on financial burden of repatriation. 
Sec. 307. Training program. 
Sec. 308. Expedited removal. 
TITLE IV—EFFECTIVE ORGANIZATION OF BORDER SECURITY 
AGENCIES 
Sec. 401. Enhanced border security coordination and management. 
Sec. 402. Office of Air and Marine Operations. 
Sec. 403. Shadow Wolves transfer. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittee’’ has the meaning given it in section 2(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(2)). 
(2) STATE.—The term ‘‘State’’ has the meaning 
given it in section 2(14) of the Homeland Security 
Act of 2002 (6 U.S.C. 101(14)).
TITLE I—SECURING UNITED 
STATES BORDERS 
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BOR-
DER. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall take all actions the Secretary determines nec-
essary and appropriate to achieve and maintain oper-
ational control over the entire international land and mari-
time 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 cameras; 
(2) physical infrastructure enhancements to pre-
vent unlawful entry by aliens into the United States 
and facilitate access to the international land and 
maritime borders by United States Customs and Bor-
der Protection, such as additional checkpoints, all 
weather access roads, and vehicle barriers; 
(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 Cus-
toms and Border Protection personnel to areas along 
the international land and maritime borders of the 
United States where there are high levels of unlawful 
entry by aliens and other areas likely to be impacted 
by such increased deployment. 
(b) OPERATIONAL CONTROL DEFINED.—In this sec-
tion, the term ‘‘operational control’’ means the prevention 
of the entry into the United States of terrorists, other un-
lawful aliens, instruments of terrorism, narcotics, and other 
contraband. 
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 appropriate con-
gressional committees a comprehensive plan for the system-
atic surveillance of the international land and maritime 
borders of the United States. The plan shall include the fol-
lowing: 
(1) An assessment of existing technologies em-
ployed on such borders. 
(2) A description of whether and how new sur-
veillance technologies will be compatible with existing 
surveillance technologies.
(3) A description of how the United States Cus-
toms and Border Protection is working, or is expected 
to work, with the Directorate of Science and Tech-
nology of the Department of Homeland Security to 
identify and test surveillance technology. 
(4) A description of the specific surveillance tech-
nology 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 con-
tinued maintenance of such technologies. 
(7) A description of how the Department of 
Homeland Security is working with the Federal Avia-
tion Administration on safety and airspace control 
issues associated with the use of unmanned aerial ve-
hicles in the National Airspace System. 
(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 consulta-
tion with the heads of other appropriate Federal agencies, 
shall submit to the appropriate congressional committees a 
National Strategy for Border Security to achieve oper-
ational control over all ports of entry into the United States 
and the international 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 
National Strategy for Border Security shall include the fol-
lowing: 
(1) The implementation timeline for the surveil-
lance plan described in subsection (a). 
(2) An assessment of the threat posed by terror-
ists and terrorist groups that may try to infiltrate the 
United States at points along the international land 
and maritime borders of the United States. 
(3) A risk assessment of all ports of entry to the 
United States and all portions of the international 
land and maritime borders of the United States with 
respect to— 
(A) preventing the entry of terrorists, other 
unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband into the United 
States; and 
(B) protecting critical infrastructure at or 
near such ports of entry or borders. 
(4) An assessment of the most appropriate, prac-
tical, and cost-effective means of defending the inter-
national land and maritime borders of the United 
States against threats to security and illegal transit,
including intelligence capacities, technology, equip-
ment, personnel, and training needed to address secu-
rity vulnerabilities. 
(5) An assessment of staffing needs for all border 
security functions, taking into account threat and 
vulnerability information pertaining to the borders 
and the impact of new security programs, policies, 
and technologies. 
(6) 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. 
(7) A prioritization of research and development 
objectives to enhance the security of the international 
land and maritime borders of the United States. 
(8) 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. 
(9) 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 Se-
curity required under this subsection and the manda-
tory detention requirement described in section 301 of 
this Act. 
(10) A description of how the Secretary shall en-
sure accountability and performance metrics within 
the appropriate agencies of the Department of Home-
land Security responsible for implementing the border 
security measures determined necessary upon comple-
tion of the National Strategy for Border Security. 
(11) A timeline for the implementation of the ad-
ditional security measures determined necessary as 
part of the National Strategy for Border Security, in-
cluding a prioritization of security measures, realistic 
deadlines for addressing the security and enforcement 
needs, and resource estimates and allocations. 
(c) CONSULTATION.—In creating the National Strat-
egy for Border Security described in subsection (b), the Sec-
retary 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 sector 
and nongovernmental organizations with relevant ex-
pertise. 
(d) PRIORITY OF NATIONAL STRATEGY.—The National 
Strategy for Border Security described in subsection (b) 
shall be the controlling document for security and enforce-
ment 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 responsibility 
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. 
(f) REPORTING
OF IMPLEMENTING LEGISLATION.— 
After submittal of the National Strategy for Border Secu-
rity described in subsection (b) to the Committee on Home-
land Security of the House of Representatives, such Com-
mittee shall promptly report to the House legislation au-
thorizing necessary security measures based on its evalua-
tion of the National Strategy for Border Security. 
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 appropriate congressional com-
mittees a report on the implementation of the cross-border 
security agreements signed by the United States with Mex-
ico and Canada, including recommendations on improving 
cooperation with such countries to enhance border security. 
(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 Home-
land Security shall— 
(1) in consultation with the Attorney General, 
enhance connectivity between the IDENT and IAFIS 
fingerprint databases to ensure more expeditious 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 de-
scribed in section 110 of the Illegal Immigration Re-
form 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 enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to Congress a report—
(1) describing the tangible and quantifiable bene-
fits of the One Face at the Border Initiative estab-
lished 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 Customs 
Service before the date of the establishment 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 establishment 
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 en-
sure clear and secure two-way communication capabili-
ties— 
(1) among all Border Patrol agents conducting 
operations between ports of entry; 
(2) between Border Patrol agents and their re-
spective Border Patrol stations; 
(3) between Border Patrol agents and residents 
in remote areas along the international land border 
who do not have mobile communications, as the Sec-
retary determines necessary; and 
(4) between all appropriate Department of 
Homeland Security border security agencies and 
State, local, and tribal law enforcement agencies. 
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 increase
by not less than 2,000 the number of positions for full-time 
active-duty Border Patrol agents within the Department 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 fis-
cal year to hire, train, equip, and support such additional 
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 bor-
ders 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 Initiative 
having a value greater than $20,000,000, to determine 
whether each such action fully complies with applicable cost 
requirements, performance objectives, program milestones, 
inclusion of small, minority, and women-owned business, 
and timelines. The Inspector General shall complete a re-
view under this subsection with respect to a contract ac-
tion— 
(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 comple-
tion of each review described in subsection (a), the Inspector 
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, 
bundling that limits the ability of small business to com-
pete, or other high risk business practices.
(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 
appropriate congressional committees a report on the find-
ings 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. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts that are otherwise authorized to be appro-
priated to the Office of the Inspector General, an additional 
amount equal to at least five percent for fiscal year 2007, 
at least six percent for fiscal year 2008, and at least seven 
percent for fiscal year 2009 of the overall budget of the Of-
fice for each such fiscal year is authorized to be appro-
priated to the Office to enable the Office to carry out this 
section. 
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 provided 
as efficiently and cost-effectively as possible. 
(b) COMPONENTS OF REVIEW.—The review under sub-
section (a) shall include the following components:
(1) An evaluation of the length and content of 
the basic training curriculum provided to new Border 
Patrol agents by the Federal Law Enforcement Train-
ing Center, including a description of how the cur-
riculum 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, effective-
ness, scope, and quality, including geographic charac-
teristics, with other similar law enforcement training 
programs provided by State and local agencies, non- 
profit organizations, universities, and the private sec-
tor. 
(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 train-
ing; and
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a Bor-
der Patrol agent. 
SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security of the House 
of Representatives a report detailing the impact the air-
space security mission in the National Capital Region (in 
this section referred to as the ‘‘NCR’’) will have on the abil-
ity 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 facilities, devoted or planned to be devoted 
to the NCR airspace security mission, and from where 
those resources were obtained or are planned to be ob-
tained. 
(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.
SEC. 113. REPAIR OF PRIVATE INFRASTRUCTURE ON BOR-
DER. 
(a) IN GENERAL.—Subject to the amount appropriated 
in subsection (d) of this section, the Secretary of Homeland 
Security shall reimburse property owners for costs associ-
ated with repairing damages to the property owners’ pri-
vate infrastructure constructed on a United States Govern-
ment right-of-way delineating the international land border 
when such damages are— 
(1) the result of unlawful entry of aliens; and 
(2) confirmed by the appropriate personnel of the 
Department of Homeland Security and submitted to 
the Secretary for reimbursement. 
(b) VALUE OF REIMBURSEMENTS.—Reimbursements 
for submitted damages as outlined in subsection (a) shall 
not exceed the value of the private infrastructure prior to 
damage. 
(c) REPORTS.—Not later than six months after the 
date of the enactment of this Act and every subsequent six 
months until the amount appropriated for this section is 
expended in its entirety, the Secretary of Homeland Secu-
rity shall submit to the Committee on Homeland Security 
of the House of Representatives a report that details the 
expenditures and circumstances in which those expenditures 
were made pursuant to this section.
(d) AUTHORIZATION
OF
APPROPRIATIONS.—There 
shall be authorized to be appropriated an initial $50,000 
for each fiscal year to carry out this section. 
SEC. 114. BORDER PATROL UNIT FOR VIRGIN ISLANDS. 
Not later than September 30, 2006, the Secretary of 
Homeland Security shall establish at least one Border Pa-
trol unit for the Virgin Islands of the United States. 
SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF 
CENTRAL AMERICAN GANGS ALONG INTER-
NATIONAL BORDER. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall report 
to the Committee on Homeland Security of the House of 
Representatives on the progress of the Department of Home-
land Security in tracking the travel of Central American 
gangs across the international land border of the United 
States and Mexico. 
SEC. 116. COLLECTION OF DATA. 
Beginning on October 1, 2006, the Secretary of Home-
land Security shall annually compile data on the following 
categories of information: 
(1) The number of unauthorized aliens who re-
quire medical care taken into custody by Border Pa-
trol officials.
(2) The number of unauthorized aliens with seri-
ous injuries or medical conditions Border Patrol offi-
cials encounter, and refer to local hospitals or other 
health facilities. 
(3) The number of unauthorized aliens with seri-
ous injuries or medical conditions who arrive at 
United States ports of entry and subsequently are ad-
mitted into the United States for emergency medical 
care, as reported by United States Customs and Bor-
der Protection. 
(4) The number of unauthorized aliens described 
in paragraphs (2) and (3) who subsequently are taken 
into custody by the Department of Homeland Secu-
rity after receiving medical treatment. 
SEC. 117. DEPLOYMENT OF RADIATION DETECTION PORTAL 
EQUIPMENT AT UNITED STATES PORTS OF 
ENTRY. 
(a) DEPLOYMENT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall deploy radiation portal monitors at all 
United States ports of entry and facilities as determined 
by the Secretary to facilitate the screening of all inbound 
cargo for nuclear and radiological material. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to
the Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the Depart-
ment’s progress toward carrying out the deployment de-
scribed in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
subsection (a) such sums as may be necessary for each of 
fiscal years 2006 and 2007. 
SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE 
BORDER INITIATIVE. 
It is the sense of Congress that— 
(1) as the Secretary of Homeland Security devel-
ops and implements the Secure Border Initiative and 
other initiatives to strengthen security along the Na-
tion’s borders, the Secretary shall conduct extensive 
outreach to the private sector, including small, minor-
ity-owned, women-owned, and disadvantaged busi-
nesses; and 
(2) the Secretary also shall consult with firms 
that are practitioners of mission effectiveness at the 
Department of Homeland Security, homeland security 
business councils, and associations to identify existing 
and emerging technologies and best practices and 
business processes, to maximize economies of scale,
cost-effectiveness, systems integration, and resource al-
location, and to identify the most appropriate con-
tract mechanisms to enhance financial accountability 
and mission effectiveness of border security programs. 
TITLE II—BORDER SECURITY CO-
OPERATION 
AND 
ENFORCE-
MENT 
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 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. 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 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. 203. 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. 204. 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. 205. 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. 206. 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. 207. 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 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 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.—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. 
SEC. 302. ENHANCED DETENTION CAPACITY. 
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 5204 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (related to an increase in the num-
ber of beds by not less than 8,000 each fiscal year available 
for immigration detention and removal operations of the 
Department of Homeland Security) (Public Law 108–458; 
118 Stat. 3734).
SEC. 303. 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. 304. 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. 305. 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. 306. 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. 307. 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. 308. 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 inserting before the period at the end the fol-
lowing: ‘‘or in any manner at or between a land border 
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 IV—EFFECTIVE ORGANI-
ZATION OF BORDER SECU-
RITY AGENCIES 
SEC. 401. 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;
(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 organiza-
tions engaged in cross-border smuggling, money laun-
dering, 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 Bor-
der Protection coordinate with and refer all such 
cases to United States Immigration and Customs En-
forcement; 
(5) examine comprehensively the proper alloca-
tion of the Department’s border security related re-
sources, and analyze budget issues on the basis of De-
partment-wide border enforcement goals, plans, and 
processes; 
(6) establish measures and metrics for deter-
mining the effectiveness of coordinated border enforce-
ment efforts; and 
(7) develop and implement a comprehensive plan 
to protect the northern and southern land borders of
the United States and address the different challenges 
each border faces by— 
(A) coordinating all Federal border security 
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. 402. 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 De-
partment an Office of Air and Marine Operations (referred 
to in this section as the ‘Office’). 
‘‘(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for Air and Marine Oper-
ations 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 ter-
rorists, other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband into the 
United States. 
‘‘(2) SECONDARY MISSION.—The secondary mis-
sion of the Office shall be to assist other agencies to 
prevent the entry of terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contra-
band 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 Department 
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 Enforce-
ment, United States Customs and Border Protection, or any 
subdivisions thereof, be provided to the Air and Marine Op-
erations Center. Such information shall include the identifi-
able transponder, radar, and electronic emissions and codes 
originating and resident aboard the aircraft 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 aviation 
activity whenever practicable for the purpose of timely co-
ordination 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. 403. SHADOW WOLVES TRANSFER. 
(a) TRANSFER OF EXISTING UNIT.—Not later that 90 
days after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall transfer to United States 
Immigration and Customs Enforcement all functions (in-
cluding the personnel, assets, and liabilities attributable to 
such functions) of the Customs Patrol Officers unit oper-
ating on the Tohono O’odham Indian reservation (com-
monly known as the ‘‘Shadow Wolves’’ unit). 
(b) ESTABLISHMENT OF NEW UNITS.—The Secretary 
is authorized to establish within United States Immigration 
and Customs Enforcement additional units of Customs Pa-
trol 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 Cus-
toms Patrol Officer in a unit described in this section shall 
receive equivalent pay as a special agent with similar com-
petencies within United States Immigration and Customs 
Enforcement pursuant to the Department of Homeland Se-
curity’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 section 
shall be supervised by a Chief Customs Patrol Officer, who 
shall have the same rank as a resident agent-in-charge of 
the Office of Investigations within United States Immigra-
tion and Customs Enforcement.