Secure Fence Act of 2006
PL 109-367 (H.R.6061), enacted 10/26/2006

120 STAT. 2638
PUBLIC LAW 109–367—OCT. 26, 2006
Public Law 109–367
109th Congress
An Act
To establish operational control over the international land and maritime borders
of the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Secure Fence Act of 2006’’.
SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Homeland Security
shall take all actions the Secretary determines necessary and appro-
priate to achieve and maintain operational control over the entire
international land and maritime borders of the United States, to
include the following—
(1) systematic surveillance of the international land and
maritime borders of the United States through more effective
use of personnel and technology, such as unmanned aerial
vehicles, ground-based sensors, satellites, radar coverage, and
cameras; and
(2) physical infrastructure enhancements to prevent unlaw-
ful 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.
(b) OPERATIONAL CONTROL DEFINED.—In this section, the term
‘‘operational control’’ means the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlaw-
ful aliens, instruments of terrorism, narcotics, and other contra-
band.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report on the progress made toward achieving
and maintaining operational control over the entire international
land and maritime borders of the United States in accordance
with this section.
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS
IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF
MEXICO.
Section 102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103
note) is amended—
Deadline.
8 USC 1701 note.
8 USC 1101 note.
Secure Fence Act
of 2006.
Oct. 26, 2006
[H.R. 6061]
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120 STAT. 2639
PUBLIC LAW 109–367—OCT. 26, 2006
(1) in the subsection heading by striking ‘‘NEAR SAN DIEGO,
CALIFORNIA’’; and
(2) by amending paragraph (1) to read as follows:
‘‘(1) SECURITY FEATURES.—
‘‘(A) REINFORCED FENCING.—In carrying out subsection
(a), the Secretary of Homeland Security shall provide for
least 2 layers of reinforced fencing, the installation of addi-
tional physical barriers, roads, lighting, cameras, and
sensors—
‘‘(i) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
‘‘(ii) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
‘‘(iii) extending from 5 miles west of the Columbus,
New Mexico, port of entry to 10 miles east of El Paso,
Texas;
‘‘(iv) extending from 5 miles northwest of the Del
Rio, Texas, port of entry to 5 miles southeast of the
Eagle Pass, Texas, port of entry; and
‘‘(v) extending 15 miles northwest of the Laredo,
Texas, port of entry to the Brownsville, Texas, port
of entry.
‘‘(B) PRIORITY
AREAS.—With respect to the border
described—
‘‘(i) in subparagraph (A)(ii), the Secretary shall
ensure that an interlocking surveillance camera system
is installed along such area by May 30, 2007, and
that fence construction is completed by May 30, 2008;
and
‘‘(ii) in subparagraph (A)(v), the Secretary shall
ensure that fence construction from 15 miles northwest
of the Laredo, Texas, port of entry to 15 southeast
of the Laredo, Texas, port of entry is completed by
December 31, 2008.
‘‘(C) EXCEPTION.—If the topography of a specific area
has an elevation grade that exceeds 10 percent, the Sec-
retary may use other means to secure such area, including
the use of surveillance and barrier tools.’’.
SEC. 4. NORTHERN BORDER STUDY.
(a) IN GENERAL.—The Secretary of Homeland Security shall
conduct a study on the feasibility of a state of-the-art infrastructure
security system along the northern international land and maritime
border of the United States and shall include in the study—
(1) the necessity of implementing such a system;
(2) the feasibility of implementing such a system; and
(3) the economic impact implementing such a system will
have along the northern border.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security 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 that contains the
results of the study conducted under subsection (a).
Deadlines.
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120 STAT. 2640
PUBLIC LAW 109–367—OCT. 26, 2006
LEGISLATIVE HISTORY—H.R. 6061:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 14, considered and passed House.
Sept. 21, 25, 26, 28, 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 26, Presidential remarks.
SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY
TO STOP CERTAIN FLEEING VEHICLES.
(a) EVALUATION.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall—
(1) evaluate the authority of personnel of United States
Customs and Border Protection to stop vehicles that enter
the United States illegally and refuse to stop when ordered
to do so by such personnel, compare such Customs authority
with the authority of the Coast Guard to stop vessels under
section 637 of title 14, United States Code, and make an assess-
ment as to whether such Customs authority should be
expanded;
(2) review the equipment and technology available to
United States Customs and Border Protection personnel to
stop vehicles described in paragraph (1) and make an assess-
ment as to whether or not better equipment or technology
is available or should be developed; and
(3) evaluate the training provided to United States Customs
and Border Protection personnel to stop vehicles described in
paragraph (1).
(b) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security 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 that contains the
results of the evaluation conducted under subsection (a).
Approved October 26, 2006.
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