[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

120 STAT. 2638

Public Law 109-367
109th Congress

An Act


 
To establish operational control over the international land and
maritime borders of the United States.  NOTE: Oct. 26, 2006 -  [H.R.
6061]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Secure Fence Act of
2006.  assembled,
SECTION 1.  NOTE: 8 USC 1101 note.  SHORT TITLE.

This Act may be cited as the ``Secure Fence Act of 2006''.
SEC. 2.  NOTE: 8 USC 1701 note.  ACHIEVING OPERATIONAL CONTROL
ON THE BORDER.

(a)   NOTE: Deadline.  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
appropriate 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 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.

(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 unlawful
aliens, instruments of terrorism, narcotics, and other contraband.
(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--

[[Page 2639]]
120 STAT. 2639

(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 additional 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  NOTE: Deadlines.  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
Secretary 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).

[[Page 2640]]
120 STAT. 2640

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 assessment 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 assessment 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.

LEGISLATIVE HISTORY--H.R. 6061:
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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.