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design and carry out a national border security exercise 
for the purposes of— 
(1) involving officials from Federal, State, terri-
torial, local, tribal, and international governments 
and representatives from the private sector; 
(2) testing and evaluating the capacity of the 
United States to anticipate, detect, and disrupt 
threats to the integrity of United States borders; 
and 
(3) testing and evaluating the information shar-
ing capability among Federal, State, territorial, 
local, tribal, and international governments. 
SEC. 304. BORDER SECURITY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT
OF COMMITTEE.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall establish an ad-
visory committee to be known as the Border Security Ad-
visory Committee (in this section referred to as the ‘‘Com-
mittee’’). 
(b) DUTIES.—The Committee shall advise the Sec-
retary on issues relating to border security and enforce-
ment along the international land and maritime border of 
the United States. 
(c) MEMBERSHIP.—The Secretary shall appoint 
members to the Committee from the following:
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(1) State and local government representatives 
from States located along the international land and 
maritime borders of the United States. 
(2) Community representatives from such 
States. 
(3) Tribal authorities in such States. 
SEC. 305. PERMITTED USE OF HOMELAND SECURITY 
GRANT FUNDS FOR BORDER SECURITY AC-
TIVITIES. 
(a) REIMBURSEMENT.—The Secretary of Homeland 
Security may allow the recipient of amounts under a cov-
ered grant to use those amounts to reimburse itself for 
costs it incurs in carrying out any terrorism prevention 
or deterrence 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.
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(b) USE OF PRIOR YEAR FUNDS.—Subsection (a) 
shall apply to all covered grant funds received by a State, 
local government, or Indian tribe at any time on or after 
October 1, 2001. 
(c) COVERED GRANTS.—For purposes of subsection 
(a), the term ‘‘covered grant’’ means grants provided by 
the Department of Homeland Security to States, local gov-
ernments, or Indian tribes administered under the fol-
lowing programs: 
(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program. 
(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, 
or any successor to such grant program. 
(3) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—The Law Enforcement Terrorism 
Prevention Program of the Department, or any suc-
cessor to such grant program. 
SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECU-
RITY. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a university-based Center of Excel-
lence for Border Security following the merit-review proc-
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esses and procedures and other limitations that have been 
established for selecting and supporting University Pro-
grams Centers of Excellence. 
(b) ACTIVITIES OF THE CENTER.—The Center shall 
prioritize its activities on the basis of risk to address the 
most significant threats, vulnerabilities, and consequences 
posed by United States borders and border control sys-
tems. The activities shall include the conduct of research, 
the examination of existing and emerging border security 
technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of 
Homeland Security to effectively secure the borders. 
SEC. 307. SENSE OF CONGRESS REGARDING COOPERATION 
WITH INDIAN NATIONS. 
It is the sense of Congress that— 
(1) the Department of Homeland Security 
should strive to include as part of a National Strat-
egy for Border Security recommendations on how to 
enhance Department cooperation with sovereign In-
dian Nations on securing our borders and preventing 
terrorist entry, including, specifically, the Depart-
ment should consider whether a Tribal Smart Bor-
der working group is necessary and whether further 
expansion of cultural sensitivity training, as exists in
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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. 
SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ and inserting ‘‘Department of Home-
land Security’’ each place it appears; and 
(2) by adding at the end the following: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any 
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to that 
person, agency, or entity any grant amount pursuant
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to any law enforcement grant program carried out 
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), and 
shall ensure that no such grant amounts are pro-
vided, directly or indirectly, to such person, agency, 
or entity. In the case of grant amounts that other-
wise would be provided to such person, agency, or 
entity pursuant to a formula, such amounts shall be 
reallocated among eligible recipients. 
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or 
local government official is in violation of subsection 
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the 
official shall be subject to the sanction under para-
graph (1). 
‘‘(3) DURATION.—The sanction under para-
graph (1) shall remain in effect until the Attorney 
General determines that the person, agency, or enti-
ty has ceased violating subsections (a) and (b).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to grant requests pending on 
or after the date of the enactment of this Act.
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SEC. 309. RED ZONE DEFENSE BORDER INTELLIGENCE 
PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security and the Director of National Intelligence shall 
jointly establish a pilot program to improve the coordina-
tion and management of intelligence and homeland secu-
rity information provided to or utilized by the Department 
of Homeland Security relating to the southwest inter-
national land and maritime border of the United States. 
(b) PILOT AREA.—The Secretary of Homeland Secu-
rity and the Director of National Intelligence shall des-
ignate a geographic area along the southwest international 
land and maritime border of the United States centered 
on Cochise County, Arizona, to be the pilot area for the 
pilot program established pursuant to subsection (a). 
(c) PROGRAM.—The pilot program established pursu-
ant to subsection (a) shall— 
(1) coordinate and facilitate the sharing of in-
telligence and homeland security information related 
to border security within the pilot area designated 
pursuant to subsection (b) among Federal, State, 
local, and tribal governments, including relevant in-
telligence and homeland security information pro-
vided to the Department of Homeland Security by 
the intelligence community and relevant intelligence 
and homeland security information gathered by the
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Department of Homeland Security from other 
sources; 
(2) to the maximum extent possible, provide for 
persistent surveillance of such pilot area; 
(3) to the maximum extent possible, utilize air-
ships, aerostats, and existing unmanned aerial vehi-
cles to provide for surveillance of such pilot area; 
(4) to the maximum extent possible, fully utilize 
the capabilities of underutilized assets currently 
available to conduct surveillance of such pilot area; 
(5) where practicable, utilize the capabilities of 
existing operational and analytical centers that ana-
lyze intelligence and homeland security information 
relating to such pilot area from multiple sources and 
improve the interoperability of such centers; 
(6) consistent with applicable security require-
ments, disseminate actionable intelligence and home-
land security information relating to border security 
within such pilot area to the appropriate Federal, 
State, local, tribal, and foreign governments to sup-
port operational activities relating to border security 
within such pilot area; 
(7) provide for direct transmission of such ac-
tionable intelligence and homeland security informa-
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tion to operational and analytical centers included in 
the pilot program; 
(8) provide for a representative of the Depart-
ment of Homeland Security to be assigned to each 
operational and analytical center to facilitate the im-
mediate utilization, where practicable, of such ac-
tionable intelligence and homeland security informa-
tion; and 
(9) develop metrics to assess the capability of 
such pilot program to improve border security. 
(d) STRATEGY COORDINATION.—In establishing the 
pilot program under subsection (a), the Director of Na-
tional Intelligence shall coordinate the intelligence activi-
ties of the pilot program with the relevant activities and 
programs of other elements of the intelligence community. 
(e) HEADQUARTERS.—The Secretary of Homeland 
Security and the Director of National Intelligence may es-
tablish a headquarters for the pilot program established 
pursuant to subsection (a) within the area designated as 
the pilot area pursuant to subsection (b). 
(f) DURATION.—The pilot program established pur-
suant to subsection (a) shall last a minimum of two years. 
(g) REPORT.—Not later than one year after the es-
tablishment of the pilot program pursuant to subsection 
(a), the Secretary of Homeland Security and the Director
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of National Intelligence shall submit to Congress a report 
containing— 
(1) the lessons learned from such pilot program 
based on the metrics developed pursuant to sub-
section (c)(9); 
(2) recommendations for enhancing the provi-
sion and sharing of intelligence and homeland secu-
rity information relating to border security under 
the National Strategy for Border Security submitted 
pursuant to section 102(b) and with other programs 
of the intelligence community relating to border se-
curity; and 
(3) an identification of any provisions of law 
that may impede effective coordination of intel-
ligence and homeland security information relating 
to the southwest international land and maritime 
border of the United States. 
(h) DEFINITIONS.—In this section: 
(1) HOMELAND SECURITY INFORMATION.—The 
term ‘‘homeland security information’’ has the 
meaning given the term in section 892(f)(1) of the 
Homeland 
Security 
Act 
of 
2002 
(6 
U.S.C. 
482(f)(1)). 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given the
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term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
TITLE IV—DETENTION AND 
REMOVAL 
SEC. 401. MANDATORY DETENTION FOR ALIENS APPRE-
HENDED AT OR BETWEEN PORTS OF ENTRY. 
(a) IN GENERAL.—Beginning on October 1, 2006, an 
alien who is attempting to illegally enter the United States 
and who is apprehended at a United States port of entry 
or along the international land and maritime border of the 
United States shall be detained until removed or a final 
decision granting admission has been determined, unless 
the alien— 
(1) is permitted to withdraw an application for 
admission under section 235(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 
immediately departs from the United States pursu-
ant to such section; or 
(2) is paroled into the United States by the 
Secretary of Homeland Security for urgent humani-
tarian reasons or significant public benefit in accord-
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ance with section 212(d)(5)(A) of such Act (8 
U.S.C. 1182(d)(5)(A)). 
(b) REQUIREMENTS DURING INTERIM PERIOD.—Be-
ginning 60 days after the date of the enactment of this 
Act and before October 1, 2006, an alien described in sub-
section (a) may be released with a notice to appear only 
if— 
(1) the Secretary of Homeland Security deter-
mines, after conducting all appropriate background 
and security checks on the alien, that the alien does 
not pose a national security risk; and 
(2) the alien provides a bond of not less than 
$5,000. 
(c) RULES OF CONSTRUCTION.— 
(1) ASYLUM AND REMOVAL.—Nothing in this 
section shall be construed as limiting the right of an 
alien to apply for asylum or for relief or deferral of 
removal based on a fear of persecution. 
(2) TREATMENT
OF
CERTAIN
ALIENS.—The 
mandatory detention requirement in subsection (a) 
does not apply to any alien who is a native or citizen 
of a country in the Western Hemisphere with whose 
government the United States does not have full dip-
lomatic relations.
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(3) DISCRETION.—Nothing in this section shall 
be construed as limiting the authority of the Sec-
retary of Homeland Security, in the Secretary’s sole 
unreviewable discretion, to determine whether an 
alien described in clause (ii) of section 235(b)(1)(B) 
of the Immigration and Nationality Act shall be de-
tained or released after a finding of a credible fear 
of persecution (as defined in clause (v) of such sec-
tion). 
SEC. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF 
DETENTION FACILITIES. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall fully utilize— 
(1) all available detention facilities operated or 
contracted by the Department of Homeland Secu-
rity; and 
(2) all possible options to cost effectively in-
crease available detention capacities, including the 
use of temporary detention facilities, the use of 
State and local correctional facilities, private space, 
and secure alternatives to detention. 
SEC. 403. ENHANCING TRANSPORTATION CAPACITY FOR 
UNLAWFUL ALIENS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is authorized to enter into contracts with private enti-
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ties for the purpose of providing secure domestic transport 
of aliens who are apprehended at or along the inter-
national land or maritime borders from the custody of 
United States Customs and Border Protection to deten-
tion facilities and other locations as necessary. 
(b) CRITERIA
FOR SELECTION.—Notwithstanding 
any other provision of law, to enter into a contract under 
paragraph (1), a private entity shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
The Secretary shall select from such applications those en-
tities which offer, in the determination of the Secretary, 
the best combination of service, cost, and security. 
SEC. 404. DENIAL OF ADMISSION TO NATIONALS OF COUN-
TRY DENYING OR DELAYING ACCEPTING 
ALIEN. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended to read as follows: 
‘‘(d) DENIAL
OF ADMISSION
TO NATIONALS
OF 
COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.— 
Whenever the Secretary of Homeland Security determines 
that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, 
subject, national, or resident of that country after the 
alien has been ordered removed, the Secretary, after con-
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sultation with the Secretary of State, may deny admission 
to any citizen, subject, national, or resident of that coun-
try until the country accepts the alien who was ordered 
removed.’’. 
SEC. 405. REPORT ON FINANCIAL BURDEN OF REPATRI-
ATION. 
Not later than October 31 of each year, the Secretary 
of Homeland Security shall submit to the Secretary of 
State and Congress a report that details the cost to the 
Department of Homeland Security of repatriation of un-
lawful aliens to their countries of nationality or last habit-
ual residence, including details relating to cost per coun-
try. The Secretary shall include in each such report the 
recommendations of the Secretary to more cost effectively 
repatriate such aliens. 
SEC. 406. TRAINING PROGRAM. 
Not later than six months after the date of the enact-
ment of this Act, the Secretary of Homeland Security— 
(1) review and evaluate the training provided to 
Border Patrol agents and port of entry inspectors 
regarding the inspection of aliens to determine 
whether an alien is referred for an interview by an 
asylum officer for a determination of credible fear; 
(2) based on the review and evaluation de-
scribed in paragraph (1), take necessary and appro-
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priate measures to ensure consistency in referrals by 
Border Patrol agents and port of entry inspectors to 
asylum officers for determinations of credible fear. 
SEC. 407. EXPEDITED REMOVAL. 
(a) IN GENERAL.—Section 235(b)(1)(A)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(A)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’ each place it appears; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(III) 
EXCEPTION.—Notwith-
standing subclauses (I) and (II), the 
Secretary of Homeland Security shall 
apply clauses (i) and (ii) of this sub-
paragraph to any alien (other than an 
alien described in subparagraph (F)) 
who is not a national of a country 
contiguous to the United States, who 
has not been admitted or paroled into 
the United States, and who is appre-
hended within 100 miles of an inter-
national land border of the United 
States and within 14 days of entry.’’.
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(b) EXCEPTIONS.—Section 235(b)(1)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) 
is amended by striking ‘‘who arrives by aircraft at a port 
of entry’’ and inserting ‘‘, and who arrives by aircraft at 
a port of entry or who is present in the United States 
and arrived in any manner at or between a port of entry’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to all aliens apprehended on 
or after such date. 
SEC. 408. GAO STUDY ON DEATHS IN CUSTODY. 
The Comptroller General of the United States, within 
6 months after the date of the enactment of this Act, shall 
submit to Congress a report on the deaths in custody of 
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.
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(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. 
SEC. 409. REPORT ON APPREHENSION AND DETENTION OF 
CERTAIN ALIENS. 
(a) REPORT REQUIRED.—Not later than two years 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to Congress a report 
on— 
(1) the number of illegal aliens from noncontig-
uous countries who are apprehended at or between 
ports of entry since the date of enactment of this 
Act; 
(2) the number of such aliens who have been 
deported since the date of enactment of this Act; 
and 
(3) the number of such aliens from countries 
the governments of which the Secretary of State has 
determined, for purposes section 6(j)(1)(A) of the 
Export Administration Act of 1979 (as in effect pur-
suant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 
of the Arms Export Control Act (22 U.S.C.
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2780(d)), section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371), or other provision of 
law, are governments that have repeatedly provided 
support for acts of international terrorism. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should de-
velop a strategy for entering into appropriate security 
screening watch lists the appropriate background informa-
tion of illegal aliens from countries described in paragraph 
(3) of subsection (a). 
SEC. 410. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.— 
Not later than 180 days after the date of the enactment 
of this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of 
the Department of Justice with such information as the 
Under Secretary may have on any and all aliens against 
whom a final order of removal has been issued, any and 
all aliens who have signed a voluntary departure agree-
ment, any and all aliens who have overstayed their author-
ized period of stay, and any and all aliens whose visas 
have been revoked. Such information shall be provided to
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the National Crime Information Center, and the National 
Crime Information Center shall enter such information 
into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether— 
(1) the alien received notice of a final order of 
removal; 
(2) the alien has already been removed; or 
(3) sufficient identifying information is avail-
able on the alien. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.—Section 534(a) of title 28, United States 
Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether the alien has 
received notice of the violation or whether sufficient 
identifying information is available on the alien and 
even if the alien has already been removed; and’’.
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TITLE V—EFFECTIVE ORGANIZA-
TION OF BORDER SECURITY 
AGENCIES 
SEC. 501. ENHANCED BORDER SECURITY COORDINATION 
AND MANAGEMENT. 
The Secretary of Homeland Security shall ensure full 
coordination of border security efforts among agencies 
within the Department of Homeland Security, including 
United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, and 
United States Citizenship and Immigration Services, and 
shall identify and remedy any failure of coordination or 
integration in a prompt and efficient manner. In par-
ticular, the Secretary of Homeland Security shall— 
(1) oversee and ensure the coordinated execu-
tion of border security operations and policy; 
(2) establish a mechanism for sharing and co-
ordinating intelligence information and analysis at 
the headquarters and field office levels pertaining to 
counter-terrorism, border enforcement, customs and 
trade, immigration, human smuggling, human traf-
ficking, and other issues of concern to both United 
States Immigration and Customs Enforcement and 
United States Customs and Border Protection;
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(3) establish Department of Homeland Security 
task forces (to include other Federal, State, Tribal 
and local law enforcement agencies as appropriate) 
as necessary to better coordinate border enforcement 
and the disruption and dismantling of criminal orga-
nizations engaged in cross-border smuggling, money 
laundering, and immigration violations; 
(4) enhance coordination between the border se-
curity and investigations missions within the Depart-
ment by requiring that, with respect to cases involv-
ing violations of the customs and immigration laws 
of the United States, United States Customs and 
Border Protection coordinate with and refer all such 
cases to United States Immigration and Customs 
Enforcement; 
(5) examine comprehensively the proper alloca-
tion of the Department’s border security related re-
sources, and analyze budget issues on the basis of 
Department-wide border enforcement goals, plans, 
and processes; 
(6) establish measures and metrics for deter-
mining the effectiveness of coordinated border en-
forcement efforts; and 
(7) develop and implement a comprehensive 
plan to protect the northern and southern land bor-
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ders of the United States and address the different 
challenges each border faces by— 
(A) coordinating all Federal border secu-
rity activities; 
(B) improving communications and data 
sharing capabilities within the Department and 
with other Federal, State, local, tribal, and for-
eign law enforcement agencies on matters relat-
ing to border security; and 
(C) providing input to relevant bilateral 
agreements to improve border functions, includ-
ing ensuring security and promoting trade and 
tourism. 
SEC. 502. OFFICE OF AIR AND MARINE OPERATIONS. 
(a) ESTABLISHMENT.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office of Air and Marine Operations (re-
ferred to in this section as the ‘Office’). 
‘‘(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for Air and Marine Op-
erations who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall
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report directly to the Secretary. The Assistant Secretary 
shall be responsible for all functions and operations of the 
Office. 
‘‘(c) MISSIONS.— 
‘‘(1) PRIMARY MISSION.—The primary mission 
of the Office shall be the prevention of the entry of 
terrorists, other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband into the 
United States. 
‘‘(2) SECONDARY
MISSION.—The secondary 
mission of the Office shall be to assist other agencies 
to prevent the entry of terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other 
contraband into the United States. 
‘‘(d) AIR AND MARINE OPERATIONS CENTER.— 
‘‘(1) IN
GENERAL.—The Office shall operate 
and maintain the Air and Marine Operations Center 
in Riverside, California, or at such other facility of 
the Office as is designated by the Secretary. 
‘‘(2) DUTIES.—The Center shall provide com-
prehensive radar, communications, and control serv-
ices to the Office and to eligible Federal, State, or 
local agencies (as determined by the Assistant Sec-
retary for Air and Marine Operations), in order to 
identify, track, and support the interdiction and ap-
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prehension of individuals attempting to enter United 
States airspace or coastal waters for the purpose of 
narcotics trafficking, trafficking of persons, or other 
terrorist or criminal activity. 
‘‘(e) ACCESS TO INFORMATION.—The Office shall en-
sure that other agencies within the Department of Home-
land Security, the Department of Defense, the Depart-
ment of Justice, the Department of Transportation, and 
such other Federal, State, or local agencies, as may be 
determined by the Secretary, shall have access to the in-
formation gathered and analyzed by the Center. 
‘‘(f) REQUIREMENT.—Beginning not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall require that all information concerning all 
aviation activities, including all airplane, helicopter, or 
other aircraft flights, that are undertaken by the either 
the Office, United States Immigration and Customs En-
forcement, United States Customs and Border Protection, 
or any subdivisions thereof, be provided to the Air and 
Marine Operations Center. Such information shall include 
the identifiable transponder, radar, and electronic emis-
sions and codes originating and resident aboard the air-
craft or similar asset used in the aviation activity. 
‘‘(g) TIMING.—The Secretary shall require the infor-
mation described in subsection (f) to be provided to the
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Air and Marine Operations Center in advance of the avia-
tion activity whenever practicable for the purpose of timely 
coordination and conflict resolution of air missions by the 
Office, United States Immigration and Customs Enforce-
ment, and United States Customs and Border Protection. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter, impact, diminish, or in 
any way undermine the authority of the Administrator of 
the Federal Aviation Administration to oversee, regulate, 
and control the safe and efficient use of the airspace of 
the United States.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ADDITIONAL ASSISTANT SECRETARY.—Sec-
tion 103(a)(9) of the Homeland Security Act of 
2002 (6 U.S.C. 113(a)(9)) is amended by striking 
‘‘12’’ and inserting ‘‘13’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act (6 U.S.C. 101) is 
amended by inserting after the item relating to sec-
tion 430 the following new item: 
‘‘Sec. 431. Office of Air and Marine Operations.’’. 
SEC. 503. SHADOW WOLVES TRANSFER. 
(a) TRANSFER OF EXISTING UNIT.—Not later that 
90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall transfer to United 
States Immigration and Customs Enforcement all func-
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tions (including the personnel, assets, and liabilities attrib-
utable to such functions) of the Customs Patrol Officers 
unit operating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit). 
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within United States Im-
migration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section, 
as appropriate. 
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a), and additional units es-
tablished pursuant to subsection (b), shall operate on In-
dian lands by preventing the entry of terrorists, other un-
lawful aliens, instruments of terrorism, narcotics, and 
other contraband into the United States. 
(d) BASIC PAY
FOR JOURNEYMAN OFFICERS.—A 
Customs Patrol Officer in a unit described in this section 
shall receive equivalent pay as a special agent with similar 
competencies within United States Immigration and Cus-
toms Enforcement pursuant to the Department of Home-
land Security’s Human Resources Management System 
established under section 841 of the Homeland Security 
Act (6 U.S.C. 411). 
(e) SUPERVISORS.—Each unit described in this sec-
tion shall be supervised by a Chief Customs Patrol Officer,
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who shall have the same rank as a resident agent-in- 
charge of the Office of Investigations within United States 
Immigration and Customs Enforcement. 
TITLE VI—TERRORIST AND 
CRIMINAL ALIENS 
SEC. 601. REMOVAL OF TERRORIST ALIENS. 
(a) EXPANSION OF REMOVAL.— 
(1) Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Attorney General may 
not’’ and inserting ‘‘Secretary of Home-
land Security may not’’; 
(ii) by inserting ‘‘or the Secretary’’ 
after ‘‘if the Attorney General’’; and 
(B) in subparagraph (B)— 
(i) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘if the Attorney 
General’’; 
(ii) by striking ‘‘or’’ in clause (iii); 
(iii) by striking the period at the end 
of clause (iv) and inserting ‘‘; or’’; 
(iv) by inserting after clause (iv) the 
following new clause:
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‘‘(v) the alien is described in any sub-
clause of section 212(a)(3)(B)(i) or section 
212(a)(3)(F), unless, in the case only of an 
alien described in subclause (IV) or (IX) of 
section 212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in the Sec-
retary’s discretion, that there are not rea-
sonable grounds for regarding the alien as 
a danger to the security of the United 
States.’’; and 
(v) in the third sentence, by inserting 
‘‘or the Secretary of Homeland Security’’ 
after ‘‘Attorney General’’; and 
(vi) by striking the last sentence and 
inserting the following: ‘‘The Secretary of 
Homeland Security shall waive the applica-
tion of clause (v) in the case of removal of 
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. 
(2) Section 208(b)(2)(A)(v) of such Act (8 
U.S.C. 1158(b)(2)(A)(v)) is amended— 
(A) by striking ‘‘subclause (I), (II), (III), 
(IV), or (VI)’’ and inserting ‘‘any subclause’’;
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(B) by striking ‘‘237(a)(4)(B)’’ and insert-
ing ‘‘212(a)(3)(F)’’; and 
(C) by inserting ‘‘or (IX)’’ after ‘‘subclause 
(IV)’’. 
(3) Section 240A(c)(4) of such Act (8 U.S.C. 
1229b(c)(4)) is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) by striking ‘‘deportable under’’ and in-
serting ‘‘described in’’. 
(4) Section 240B(b)(1)(C) of such Act (8 
U.S.C. 1229c(b)(1)(C)) is amended by striking ‘‘de-
portable under’’ and inserting ‘‘described in’’. 
(5) Section 249 of such Act (8 U.S.C. 1259)) 
is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) in paragraph (d), by striking ‘‘deport-
able under’’ and inserting ‘‘described in’’. 
(b) RETROACTIVE APPLICATION.—The amendments 
made by this section shall take effect on the date of enact-
ment of this Act and sections 208(b)(2)(A), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality 
Act, as so amended, shall apply to—
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(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on or filed after the 
date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2), acts and conditions 
constituting a ground for inadmissibility, exclud-
ability, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act. 
SEC. 602. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended— 
(1) in subsection (a), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’ each place it appears; 
(2) in subsection (a)(1)(B), by adding after and 
below clause (iii) the following: 
‘‘If, at that time, the alien is not in the custody 
of the Secretary (under the authority of this 
Act), the Secretary shall take the alien into cus-
tody for removal, and the removal period shall 
not begin until the alien is taken into such cus-
tody. If the Secretary transfers custody of the 
alien during the removal period pursuant to law
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to another Federal agency or a State or local 
government agency in connection with the offi-
cial duties of such agency, the removal period 
shall be tolled, and shall begin anew on the date 
of the alien’s return to the custody of the Sec-
retary.’’; 
(3) by amending clause (ii) of subsection 
(a)(1)(B) to read as follows: 
‘‘(ii) If a court, the Board of Immi-
gration Appeals, or an immigration judge 
orders a stay of the removal of the alien, 
the date the stay of removal is no longer 
in effect.’’; 
(4) by amending subparagraph (C) of sub-
section (a)(1) to read as follows: 
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period 
of 90 days and the alien may remain in deten-
tion during such extended period if the alien 
fails or refuses to make all reasonable efforts to 
comply with the removal order, or to fully co-
operate with the Secretary’s efforts to establish 
the alien’s identity and carry out the removal 
order, including making timely application in 
good faith for travel or other documents nec-
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essary to the alien’s departure, or conspires or 
acts to prevent the alien’s removal subject to an 
order of removal.’’; 
(5) in subsection (a)(2), by adding at the end 
the following: ‘‘If a court orders a stay of removal 
of an alien who is subject to an administratively 
final order of removal, the Secretary in the exercise 
of discretion may detain the alien during the pend-
ency of such stay of removal.’’; 
(6) in subsection (a)(3), by amending subpara-
graph (D) to read as follows: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or perform affirma-
tive acts, that the Secretary prescribes for the 
alien, in order to prevent the alien from ab-
sconding, or for the protection of the commu-
nity, or for other purposes related to the en-
forcement of the immigration laws.’’; 
(7) in subsection (a)(6), by striking ‘‘removal 
period and, if released,’’ and inserting ‘‘removal pe-
riod, in the discretion of the Secretary, without any 
limitations other than those specified in this section, 
until the alien is removed. If an alien is released, the 
alien’’;
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(8) by redesignating paragraph (7) of sub-
section (a) as paragraph (10) and inserting after 
paragraph (6) of such subsection the following new 
paragraphs: 
‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the 
Secretary, in the Secretary’s discretion, may parole 
the alien under section 212(d)(5) of this Act and 
may provide, notwithstanding section 212(d)(5), that 
the alien shall not be returned to custody unless ei-
ther the alien violates the conditions of the alien’s 
parole or the alien’s removal becomes reasonably 
foreseeable, provided that in no circumstance shall 
such alien be considered admitted. 
‘‘(8) APPLICATION OF ADDITIONAL RULES FOR 
DETENTION OR RELEASE OF CERTAIN ALIENS WHO 
HAVE MADE AN ENTRY.—The rules set forth in sub-
section (j) shall only apply with respect to an alien 
who was lawfully admitted the most recent time the 
alien entered the United States or has otherwise ef-
fected an entry into the United States. 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) or 
subsection (j) shall be available exclusively in habeas
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corpus proceedings instituted in the United States 
District Court for the District of Columbia, and only 
if the alien has exhausted all administrative rem-
edies (statutory and regulatory) available to the 
alien as of right.’’; and 
(9) by adding at the end the following new sub-
section: 
‘‘(j) ADDITIONAL RULES FOR DETENTION OR RE-
LEASE
OF CERTAIN ALIENS WHO HAVE MADE
AN 
ENTRY.— 
‘‘(1) APPLICATION.—The rules set forth in this 
subsection apply in the case of an alien described in 
subsection (a)(8). 
‘‘(2) ESTABLISHMENT
OF
A
DETENTION
RE-
VIEW PROCESS FOR ALIENS WHO FULLY COOPERATE 
WITH REMOVAL.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish an administrative review process to 
determine whether the aliens should be detained 
or released on conditions for aliens who— 
‘‘(i) have made all reasonable efforts 
to comply with their removal orders; 
‘‘(ii) have complied with the Sec-
retary’s efforts to carry out the removal 
orders, including making timely application
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in good faith for travel or other documents 
necessary to the alien’s departure, and 
‘‘(iii) have not conspired or acted to 
prevent removal. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
shall make a determination whether to release 
an alien after the removal period in accordance 
with paragraphs (3) and (4). The determina-
tion— 
‘‘(i) shall include consideration of any 
evidence submitted by the alien and the 
history of the alien’s efforts to comply with 
the order of removal, and 
‘‘(ii) may include any information or 
assistance provided by the Department of 
State or other Federal agency and any 
other information available to the Sec-
retary pertaining to the ability to remove 
the alien. 
‘‘(3) AUTHORITY TO DETAIN BEYOND THE RE-
MOVAL PERIOD .— 
‘‘(A) INITIAL 90 DAY PERIOD.—The Sec-
retary in the exercise of discretion, without any 
limitations other than those specified in this 
section, may continue to detain an alien for 90