171 
or were determined not to be inadmissible or deport-
able. 
(6) Aliens granted parole pursuant to section 
212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 
(7) Aliens granted deferred action, extended vol-
untary departure or any other type of relief from re-
moval not specified in the Immigration and Nation-
ality Act or where determined not to be inadmissible 
or deportable. 
(b) CONTENTS OF REPORT.—The report shall include 
a listing of each alien described in each paragraph of sub-
section (a), including when in the possession of the Depart-
ment of Homeland Security their names, fingerprint identi-
fication numbers, alien registration numbers, and reason 
why each was granted the type of prosecutorial discretion 
received. The report shall also include current criminal his-
tories on each alien from the Federal Bureau of Investiga-
tion. 
SEC. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO 
BORDER SECURITY ACTIONS ON DEPART-
MENT OF THE INTERIOR AND DEPARTMENT 
OF AGRICULTURE LANDS. 
(a) PROHIBITION ON SECRETARIES OF THE INTERIOR 
AND AGRICULTURE.—The Secretary of the Interior or the 
Secretary of Agriculture shall not impede, prohibit, or re-
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172 
strict activities of U.S. Customs and Border Protection on 
Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary 
of the Interior or the Secretary of Agriculture, to execute 
search and rescue operations and to prevent all unlawful 
entries into the United States, including entries by terror-
ists, other unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband through the international land 
borders of the United States. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Protec-
tion shall have immediate access to Federal land within 100 
miles of the international land border under the jurisdiction 
of the Secretary of the Interior or the Secretary of Agri-
culture for purposes of conducting the following activities 
on such land that prevent all unlawful entries into the 
United States, including entries by terrorists, other unlaw-
ful aliens, instruments of terrorism, narcotics, and other 
contraband through the international land borders of the 
United States: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
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(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infrastruc-
ture. 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating to the waiver referred to in this subsection), the 
waiver by the Secretary of Homeland Security on 
April 1, 2008, under section 102(c)(1) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 
208) of the laws described in paragraph (2) with re-
spect to certain sections of the international border 
between the United States and Mexico and between 
the United States and Canada shall be considered to 
apply to all Federal land under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agri-
culture within 100 miles of the international land 
borders of the United States for the activities of U.S. 
Customs and Border Protection described in sub-
section (c). 
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174 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness Act (16 U.S.C. 1131 et seq.), the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), Public Law 86–523 (16 
U.S.C. 469 et seq.), the Act of June 8, 1906 (com-
monly known as the ‘‘Antiquities Act of 1906’’; 16 
U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 
(16 U.S.C. 1271 et seq.), the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wild-
life Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 
Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ‘‘Admin-
istrative Procedure Act’’), the National Park Service 
Organic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 U.S.C. 
1a–1 et seq.), sections 401(7), 403, and 404 of the Na-
tional Parks and Recreation Act of 1978 (Public Law 
95–625, 92 Stat. 3467), and the Arizona Desert Wil-
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derness Act of 1990 (16 U.S.C. 1132 note; Public Law 
101–628). 
(d) PROTECTION OF LEGAL USES.—This section shall 
not be construed to provide— 
(1) authority to restrict legal uses, such as graz-
ing, hunting, mining, or public-use recreational and 
backcountry airstrips on land under the jurisdiction 
of the Secretary of the Interior or the Secretary of Ag-
riculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This Act 
shall— 
(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section su-
persedes, replaces, negates, or diminishes treaties or other 
agreements between the United States and Indian tribes. 
(g) REPORT.—Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the Sec-
retary of Homeland Security shall submit to the appro-
priate committees of Congress a report describing the extent 
to which implementation of this section has affected the op-
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erations of U.S. Customs and Border Protection in the year 
preceding the report. 
SEC. 607. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall establish the biometric entry and exit data 
system required by section 7208 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b). 
(b) REQUIREMENTS.—In addition to the features re-
quired by such section 7208, the Secretary shall ensure that 
the biometric entry and exit data system is established and 
in operation at each port of entry to the United States. 
SEC. 608. CERTAIN ACTIVITIES RESTRICTED. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may not finalize, implement, administer, or enforce the 
documents described in subsection (b). 
(b) DOCUMENTS DESCRIBED.—For purposes of this 
section, the documents described in this subsection are the 
following: 
(1) Policy Number 10072.1, published on March 
2, 2011. 
(2) Policy Number 10075.1, published on June 
17, 2011. 
(3) Policy Number 10076,1, published on June 
17, 2011. 
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