I 
109TH CONGRESS 
2D SESSION 
H. R. 5067 
To establish operational control over the international land and maritime 
borders of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2006 
Mr. PEARCE introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on the 
Judiciary and Armed Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To establish operational control over the international land 
and maritime borders of the United States, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security and Terrorism Prevention Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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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 sup-
port. 
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 
activities. 
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 ac-
cepting 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. 
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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 mean-
ing given it in section 2(14) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101(14)). 
TITLE I—SECURING UNITED 
STATES BORDERS 
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE 
BORDER. 
(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 fol-
lowing— 
(1) systematic surveillance of the international 
land and maritime borders of the United States 
through more effective use of personnel and tech-
nology, such as unmanned aerial vehicles, ground- 
based sensors, satellites, radar coverage, and cam-
eras; 
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(2) physical infrastructure enhancements to 
prevent unlawful entry by aliens into the United 
States and facilitate access to the international land 
and maritime borders by United States Customs and 
Border Protection, 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 
Customs and Border Protection personnel to areas 
along the international land and maritime borders of 
the United States where there are high levels of un-
lawful entry by aliens and other areas likely to be 
impacted by such increased deployment. 
(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 
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Secretary of Homeland Security shall submit to the appro-
priate congressional committees a comprehensive plan for 
the systematic surveillance of the international land and 
maritime borders of the United States. The plan shall in-
clude the following: 
(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 exist-
ing surveillance technologies. 
(3) A description of how the United States Cus-
toms and Border Protection is working, or is ex-
pected to work, with the Directorate of Science and 
Technology of the Department of Homeland Secu-
rity to identify and test surveillance technology. 
(4) A description of the specific surveillance 
technology to be deployed. 
(5) The identification of any obstacles that may 
impede full implementation of such deployment. 
(6) A detailed estimate of all costs associated 
with the implementation of such deployment and 
continued maintenance of such technologies. 
(7) A description of how the Department of 
Homeland Security is working with the Federal 
Aviation Administration on safety and airspace con-
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trol issues associated with the use of unmanned aer-
ial vehicles 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 con-
sultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional 
committees a National Strategy for Border Security to 
achieve operational 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 following: 
(1) The implementation timeline for the surveil-
lance plan described in subsection (a). 
(2) An assessment of the threat posed by ter-
rorists 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 inter-
national land and maritime borders of the United 
States with respect to— 
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(A) preventing the entry of terrorists, 
other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband into the United 
States; and 
(B) protecting critical infrastructure at or 
near such ports of entry or borders. 
(4) An assessment of the most appropriate, 
practical, and cost-effective means of defending the 
international land and maritime borders of the 
United States against threats to security and illegal 
transit, including intelligence capacities, technology, 
equipment, personnel, and training needed to ad-
dress security vulnerabilities. 
(5) An assessment of staffing needs for all bor-
der security functions, taking into account threat 
and vulnerability information pertaining to the bor-
ders and the impact of new security programs, poli-
cies, and technologies. 
(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. 
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(7) A prioritization of research and development 
objectives to enhance the security of the inter-
national 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 Security required under this subsection and 
the mandatory detention requirement described in 
section 301 of this Act. 
(10) A description of how the Secretary shall 
ensure accountability and performance metrics with-
in the appropriate agencies of the Department of 
Homeland Security responsible for implementing the 
border security measures determined necessary upon 
completion of the National Strategy for Border Se-
curity. 
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(11) A timeline for the implementation of the 
additional security measures determined necessary 
as part of the National Strategy for Border Secu-
rity, including a prioritization of security measures, 
realistic deadlines for addressing the security and 
enforcement needs, and resource estimates and allo-
cations. 
(c) CONSULTATION.—In creating the National Strat-
egy for Border Security described in subsection (b), the 
Secretary shall consult with— 
(1) State, local, and tribal authorities along the 
international land and maritime borders of the 
United States; and 
(2) an appropriate cross-section of private sec-
tor and nongovernmental organizations with relevant 
expertise. 
(d) PRIORITY OF NATIONAL STRATEGY.—The Na-
tional Strategy for Border Security described in subsection 
(b) shall be the controlling document for security and en-
forcement efforts related to securing the international land 
and maritime borders of the United States. 
(e) IMMEDIATE ACTION.—Nothing in this section 
shall be construed to relieve the Secretary of the responsi-
bility to take all actions necessary and appropriate to 
achieve and maintain operational control over the entire 
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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 
Homeland Security of the House of Representatives, such 
Committee shall promptly report to the House legislation 
authorizing necessary security measures based on its eval-
uation 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 con-
gressional committees a report on the implementation of 
the cross-border security agreements signed by the United 
States with Mexico and Canada, including recommenda-
tions on improving cooperation with such countries to en-
hance 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 
Homeland Security shall— 
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(1) in consultation with the Attorney General, 
enhance connectivity between the IDENT and 
IAFIS fingerprint databases to ensure more expedi-
tious data searches; and 
(2) in consultation with the Secretary of State, 
collect ten fingerprints from each alien required to 
provide fingerprints during the alien’s initial enroll-
ment in the integrated entry and exit data system 
described in section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note). 
SEC. 105. ONE FACE AT THE BORDER INITIATIVE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to Congress a report— 
(1) describing the tangible and quantifiable 
benefits of the One Face at the Border Initiative es-
tablished by the Department of Homeland Security; 
(2) identifying goals for and challenges to in-
creased effectiveness of the One Face at the Border 
Initiative; 
(3) providing a breakdown of the number of in-
spectors who were— 
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(A) personnel of the United States Cus-
toms Service before the date of the establish-
ment of the Department of Homeland Security; 
(B) personnel of the Immigration and Nat-
uralization Service before the date of the estab-
lishment of the Department; 
(C) personnel of the Department of Agri-
culture before the date of the establishment of 
the Department; or 
(D) hired after the date of the establish-
ment of the Department; 
(4) describing the training time provided to 
each employee on an annual basis for the various 
training components of the One Face at the Border 
Initiative; and 
(5) outlining the steps taken by the Department 
to ensure that expertise is retained with respect to 
customs, immigration, and agriculture inspection 
functions under the One Face at the Border Initia-
tive. 
SEC. 106. SECURE COMMUNICATION. 
The Secretary of Homeland Security shall, as expedi-
tiously as practicable, develop and implement a plan to 
ensure clear and secure two-way communication capabili-
ties— 
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(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 in-
crease by not less than 2,000 the number of positions for 
full-time active-duty Border Patrol agents within the De-
partment of Homeland Security above the number of such 
positions for which funds were allotted for the preceding 
fiscal year) (Public Law 108–458; 118 Stat. 3734). 
SEC. 108. PORT OF ENTRY INSPECTION PERSONNEL. 
In each of fiscal years 2007 through 2010, the Sec-
retary of Homeland Security shall, subject to the avail-
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ability of appropriations, increase by not less than 250 the 
number of positions for full-time active duty port of entry 
inspectors. There are authorized to be appropriated to the 
Secretary such sums as may be necessary for each such 
fiscal year to hire, train, equip, and support such addi-
tional inspectors under this section. 
SEC. 109. CANINE DETECTION TEAMS. 
In each of fiscal years 2007 through 2011, the Sec-
retary of Homeland Security shall, subject to the avail-
ability of appropriations, increase by not less than 25 per-
cent above the number of such positions for which funds 
were allotted for the preceding fiscal year the number of 
trained detection canines for use at United States ports 
of entry and along the international land and maritime 
borders of the United States. 
SEC. 110. SECURE BORDER INITIATIVE FINANCIAL AC-
COUNTABILITY. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Homeland Security shall review each contract 
action related to the Department’s Secure Border Initia-
tive having a value greater than $20,000,000, to deter-
mine whether each such action fully complies with applica-
ble cost requirements, performance objectives, program 
milestones, inclusion of small, minority, and women-owned 
business, and timelines. The Inspector General shall com-
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plete a review under this subsection with respect to a con-
tract action— 
(1) not later than 60 days after the date of the 
initiation of the action; and 
(2) upon the conclusion of the performance of 
the contract. 
(b) REPORT BY INSPECTOR GENERAL.—Upon com-
pletion of each review described in subsection (a), the In-
spector General shall submit to the Secretary of Homeland 
Security a report containing the findings of the review, 
including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental 
contract management, insufficient departmental financial 
oversight, bundling that limits the ability of small business 
to compete, 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 
findings of the report by the Inspector General and the 
steps the Secretary has taken, or plans to take, to address 
the problems identified in such report. 
(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 addi-
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tional 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 Office for each such fiscal year is authorized to be 
appropriated 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 pro-
vided as efficiently and cost-effectively as possible. 
(b) COMPONENTS OF REVIEW.—The review under 
subsection (a) shall include the following components: 
(1) An evaluation of the length and content of 
the basic training curriculum provided to new Bor-
der Patrol agents by the Federal Law Enforcement 
Training Center, including a description of how the 
curriculum has changed since September 11, 2001. 
(2) A review and a detailed breakdown of the 
costs incurred by United States Customs and Border 
Protection and the Federal Law Enforcement Train-
ing Center to train one new Border Patrol agent. 
(3) A comparison, based on the review and 
breakdown under paragraph (2) of the costs, effec-
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tiveness, scope, and quality, including geographic 
characteristics, with other similar law enforcement 
training programs provided by State and local agen-
cies, non-profit organizations, universities, and the 
private sector. 
(4) An evaluation of whether and how utilizing 
comparable non-Federal training programs, pro-
ficiency testing to streamline training, and long-dis-
tance learning programs may affect— 
(A) the cost-effectiveness of increasing the 
number of Border Patrol agents trained per 
year and reducing the per agent costs of basic 
training; and 
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a 
Border Patrol agent. 
SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the 
House of Representatives a report detailing the impact the 
airspace security mission in the National Capital Region 
(in this section referred to as the ‘‘NCR’’) will have on 
the ability of the Department of Homeland Security to 
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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 de-
voted to the NCR airspace security mission, and 
from where those resources were obtained or are 
planned to be obtained. 
(2) An assessment of the impact that diverting 
resources to support the NCR mission has or is ex-
pected to have on the traditional missions in and 
around the international land and maritime borders 
of the United States. 
SEC. 113. REPAIR OF PRIVATE INFRASTRUCTURE ON BOR-
DER. 
(a) IN GENERAL.—Subject to the amount appro-
priated in subsection (d) of this section, the Secretary of 
Homeland Security shall reimburse property owners for 
costs associated with repairing damages to the property 
owners’ private infrastructure constructed on a United 
States Government right-of-way delineating the inter-
national 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 sub-
mitted to the Secretary for reimbursement. 
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(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 Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives a report that details 
the expenditures and circumstances in which those ex-
penditures 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 enact-
ment of this Act, the Secretary of Homeland Security shall 
report to the Committee on Homeland Security of the 
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House of Representatives on the progress of the Depart-
ment of Homeland Security in tracking the travel of Cen-
tral 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 
Homeland Security shall annually compile data on the fol-
lowing 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 se-
rious injuries or medical conditions Border Patrol 
officials encounter, and refer to local hospitals or 
other health facilities. 
(3) The number of unauthorized aliens with se-
rious injuries or medical conditions who arrive at 
United States ports of entry and subsequently are 
admitted into the United States for emergency med-
ical care, as reported by United States Customs and 
Border Protection. 
(4) The number of unauthorized aliens de-
scribed in paragraphs (2) and (3) who subsequently 
are taken into custody by the Department of Home-
land Security after receiving medical treatment. 
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SEC. 117. DEPLOYMENT OF RADIATION DETECTION POR-
TAL 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 Home-
land 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 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
Department’s progress toward carrying out the deploy-
ment described 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 de-
velops and implements the Secure Border Initiative 
and other initiatives to strengthen security along the 
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Nation’s borders, the Secretary shall conduct exten-
sive outreach to the private sector, including small, 
minority-owned, women-owned, and disadvantaged 
businesses; and 
(2) the Secretary also shall consult with firms 
that are practitioners of mission effectiveness at the 
Department of Homeland Security, homeland secu-
rity business councils, and associations to identify 
existing and emerging technologies and best prac-
tices and business processes, to maximize economies 
of scale, cost-effectiveness, systems integration, and 
resource allocation, and to identify the most appro-
priate contract mechanisms to enhance financial ac-
countability and mission effectiveness of border secu-
rity programs. 
TITLE 
II—BORDER 
SECURITY 
COOPERATION 
AND 
EN-
FORCEMENT 
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES 
BORDER SURVEILLANCE AND SUPPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity and the Secretary of Defense shall develop a joint 
strategic plan to use the authorities provided to the Sec-
retary of Defense under chapter 18 of title 10, United 
States Code, to increase the availability and use of Depart-
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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 
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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. 202. BORDER SECURITY ON PROTECTED LAND. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of the Interior, 
shall evaluate border security vulnerabilities on land di-
rectly adjacent to the international land border of the 
United States under the jurisdiction of the Department 
of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other con-
traband into the United States. 
(b) SUPPORT
FOR BORDER SECURITY NEEDS.— 
Based on the evaluation conducted pursuant to subsection 
(a), the Secretary of Homeland Security shall provide ap-
propriate border security assistance on land directly adja-
cent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, 
its bureaus, and tribal entities. 
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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 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. 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 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-
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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. 205. 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 
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(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. 
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SEC. 206. 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. 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 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-
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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 III—DETENTION AND 
REMOVAL 
SEC. 301. MANDATORY DETENTION FOR ALIENS APPRE-
HENDED AT OR BETWEEN PORTS OF ENTRY. 
(a) IN GENERAL.—Beginning on October 1, 2006, an 
alien who is attempting to illegally enter the United States 
and who is apprehended at a United States port of entry 
or along the international land and maritime border of the 
United States shall be detained until removed or a final 
decision granting admission has been determined, unless 
the alien— 
(1) is permitted to withdraw an application for 
admission under section 235(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 
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immediately departs from the United States pursu-
ant to such section; or 
(2) is paroled into the United States by the 
Secretary of Homeland Security for urgent humani-
tarian reasons or significant public benefit in accord-
ance with section 212(d)(5)(A) of such Act (8 
U.S.C. 1182(d)(5)(A)). 
(b) REQUIREMENTS DURING INTERIM PERIOD.—Be-
ginning 60 days after the date of the enactment of this 
Act and before October 1, 2006, an alien described in sub-
section (a) may be released with a notice to appear only 
if— 
(1) the Secretary of Homeland Security deter-
mines, after conducting all appropriate background 
and security checks on the alien, that the alien does 
not pose a national security risk; and 
(2) the alien provides a bond of not less than 
$5,000. 
(c) RULES OF CONSTRUCTION.— 
(1) ASYLUM AND REMOVAL.—Nothing in this 
section shall be construed as limiting the right of an 
alien to apply for asylum or for relief or deferral of 
removal based on a fear of persecution. 
(2) TREATMENT OF CERTAIN ALIENS.—Nothing 
in this section shall be construed to change or alter 
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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 Ter-
rorism Prevention Act of 2004 (related to an increase in 
the number of beds by not less than 8,000 each fiscal year 
available for immigration detention and removal oper-
ations 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 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 
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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 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. 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: 
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‘‘(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. 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 
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. 307. TRAINING PROGRAM. 
Not later than six months after the date of the enact-
ment of this Act, the Secretary of Homeland Security— 
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