countability and mission effectiveness of border secu-
rity programs. 
SEC. 119. REPORT REGARDING ENFORCEMENT OF CUR-
RENT EMPLOYMENT VERIFICATION LAWS. 
The Secretary of Homeland Security shall issue a bi-
annual 
report 
regarding 
the 
Federal 
employment 
verification laws that were enacted in 1986, as amended, 
the efforts of the Department of Homeland Security to 
sanction employers for knowingly hiring unauthorized 
workers, and an assessment of the impact of enhanced re-
moval authorities sought by the Department. 
TITLE 
II—BORDER 
SECURITY 
COOPERATION 
AND 
EN-
FORCEMENT 
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES 
BORDER SURVEILLANCE AND SUPPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity and the Secretary of Defense shall develop a joint 
strategic plan to use the authorities provided to the Sec-
retary of Defense under chapter 18 of title 10, United 
States Code, to increase the availability and use of Depart-
ment of Defense equipment, including unmanned aerial 
vehicles, tethered aerostat radars, and other surveillance 
equipment, to assist with the surveillance activities of the 
Department of Homeland Security conducted at or near 
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the international land and maritime borders of the United 
States. 
(b) REPORT.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Home-
land Security and the Secretary of Defense shall submit 
to Congress a report containing— 
(1) a description of the use of Department of 
Defense equipment to assist with the surveillance by 
the Department of Homeland Security of the inter-
national land and maritime borders of the United 
States; 
(2) the joint strategic plan developed pursuant 
to subsection (a); 
(3) a description of the types of equipment and 
other support to be provided by the Department of 
Defense under the joint strategic plan during the 
one-year period beginning after submission of the re-
port under this subsection; and 
(4) a description of how the Department of 
Homeland Security and the Department of Defense 
are working with the Department of Transportation 
on safety and airspace control issues associated with 
the use of unmanned aerial vehicles in the National 
Airspace System. 
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(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. 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, 
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technical, and analytical assistance for the Department of 
Homeland Security to effectively secure the borders. 
SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION 
WITH INDIAN NATIONS. 
It is the sense of Congress that— 
(1) the Department of Homeland Security 
should strive to include as part of a National Strat-
egy for Border Security recommendations on how to 
enhance Department cooperation with sovereign In-
dian Nations on securing our borders and preventing 
terrorist entry, including, specifically, the Depart-
ment should consider whether a Tribal Smart Bor-
der working group is necessary and whether further 
expansion of cultural sensitivity training, as exists in 
Arizona with the Tohono O’odham Nation, should be 
expanded elsewhere; and 
(2) as the Department of Homeland Security 
develops a National Strategy for Border Security, it 
should take into account the needs and missions of 
each agency that has a stake in border security and 
strive to ensure that these agencies work together 
cooperatively on issues involving Tribal lands. 
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TITLE III—DETENTION AND 
REMOVAL 
SEC. 301. ENHANCED DETENTION CAPACITY. 
To avoid a return to the ‘‘catch and release’’ policy 
and to address long-standing shortages of available deten-
tion beds, and to further authorize the provisions of sec-
tion 5204 of the Intelligence Reform and Terrorist Pre-
vention Act of 2004 (Public Law 108-458), there are au-
thorized to be appropriated to the Secretary of Homeland 
Security such sums as may be necessary for each of fiscal 
years 2007 through 2010 to increase by 25,000 for each 
fiscal year the number of funded detention bed spaces. 
SEC. 302. INCREASE IN DETENTION AND REMOVAL OFFI-
CERS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary to add 250 detention and removal officers for each 
of fiscal years 2007 through 2010. 
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 
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(2) all possible options to cost effectively in-
crease available detention capacities, including the 
use of temporary detention facilities, the use of 
State and local correctional facilities, private space, 
and secure alternatives to detention. 
SEC. 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. 
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SEC. 305. 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. 306. TRAINING PROGRAM. 
Not later than six months after the date of the enact-
ment of this Act, the Secretary of Homeland Security— 
(1) review and evaluate the training provided to 
Border Patrol agents and port of entry inspectors 
regarding the inspection of aliens to determine 
whether an alien is referred for an interview by an 
asylum officer for a determination of credible fear; 
(2) based on the review and evaluation de-
scribed in paragraph (1), take necessary and appro-
priate measures to ensure consistency in referrals by 
Border Patrol agents and port of entry inspectors to 
asylum officers for determinations of credible fear. 
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SEC. 307. GAO STUDY ON DEATHS IN CUSTODY. 
The Comptroller General of the United States, within 
6 months after the date of the enactment of this Act, shall 
submit to Congress a report on the deaths in custody of 
detainees held on immigration violations by the Secretary 
of Homeland Security. The report shall include the fol-
lowing information with respect to any such deaths and 
in connection therewith: 
(1) Whether any crimes were committed by per-
sonnel of the Department of Homeland Security. 
(2) Whether any such deaths were caused by 
negligence or deliberate indifference by such per-
sonnel. 
(3) Whether Department practice and proce-
dures were properly followed and obeyed. 
(4) Whether such practice and procedures are 
sufficient to protect the health and safety of such 
detainees. 
(5) Whether reports of such deaths were made 
under the Deaths in Custody Act. 
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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 
within the Department of Homeland Security, including 
United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, and 
United States Citizenship and Immigration Services, and 
shall identify and remedy any failure of coordination or 
integration in a prompt and efficient manner. In par-
ticular, the Secretary of Homeland Security shall— 
(1) oversee and ensure the coordinated execu-
tion of border security operations and policy; 
(2) establish a mechanism for sharing and co-
ordinating intelligence information and analysis at 
the headquarters and field office levels pertaining to 
counter-terrorism, border enforcement, customs and 
trade, immigration, human smuggling, human traf-
ficking, and other issues of concern to both United 
States Immigration and Customs Enforcement and 
United States Customs and Border Protection; 
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