[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5067 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5067
To establish operational control over the international land and
maritime borders of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2006
Mr. Pearce introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
the Judiciary and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish operational control over the international land and
maritime borders of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security
and Terrorism Prevention Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SECURING UNITED STATES BORDERS
Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Border patrol agents.
Sec. 108. Port of entry inspection personnel.
Sec. 109. Canine detection teams.
Sec. 110. Secure border initiative financial accountability.
Sec. 111. Border patrol training capacity review.
Sec. 112. Airspace security mission impact review.
Sec. 113. Repair of private infrastructure on border.
Sec. 114. Border Patrol unit for Virgin Islands.
Sec. 115. Report on progress in tracking travel of Central American
gangs along international border.
Sec. 116. Collection of data.
Sec. 117. Deployment of radiation detection portal equipment at United
States ports of entry.
Sec. 118. Sense of Congress regarding the Secure Border Initiative.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
Sec. 201. Joint strategic plan for United States border surveillance
and support.
Sec. 202. Border security on protected land.
Sec. 203. Border security threat assessment and information sharing
test and evaluation exercise.
Sec. 204. Border Security Advisory Committee.
Sec. 205. Permitted use of Homeland Security grant funds for border
security activities.
Sec. 206. Center of excellence for border security.
Sec. 207. Sense of Congress regarding cooperation with Indian Nations.
TITLE III--DETENTION AND REMOVAL
Sec. 301. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 302. Enhanced detention capacity.
Sec. 303. Expansion and effective management of detention facilities.
Sec. 304. Enhancing transportation capacity for unlawful aliens.
Sec. 305. Denial of admission to nationals of country denying or
delaying accepting alien.
Sec. 306. Report on financial burden of repatriation.
Sec. 307. Training program.
Sec. 308. Expedited removal.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
Sec. 401. Enhanced border security coordination and management.
Sec. 402. Office of Air and Marine Operations.
Sec. 403. Shadow Wolves transfer.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
it in section 2(2) of the Homeland Security Act of 2002 (6
U.S.C. 101(2)).
(2) State.--The term ``State'' has the meaning given it in
section 2(14) of the Homeland Security Act of 2002 (6 U.S.C.
101(14)).
TITLE I--SECURING UNITED STATES BORDERS
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General.--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;
(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;
(3) hiring and training as expeditiously as possible
additional Border Patrol agents authorized under section 5202
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458); and
(4) increasing deployment of United States Customs and
Border Protection personnel to areas along the international
land and maritime borders of the United States where there are
high levels of unlawful entry by aliens and other areas likely
to be impacted by such increased deployment.
(b) Operational Control Defined.--In this section, the term
``operational control'' means the prevention of the entry into the
United States of terrorists, other unlawful aliens, instruments of
terrorism, narcotics, and other contraband.
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Surveillance Plan.--Not later than six months after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees a comprehensive plan
for the systematic surveillance of the international land and maritime
borders of the United States. The plan shall include the following:
(1) An assessment of existing technologies employed on such
borders.
(2) A description of whether and how new surveillance
technologies will be compatible with existing surveillance
technologies.
(3) A description of how the United States Customs and
Border Protection is working, or is expected to work, with the
Directorate of Science and Technology of the Department of
Homeland Security to identify and test surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) The identification of any obstacles that may impede
full implementation of such deployment.
(6) A detailed estimate of all costs associated with the
implementation of such deployment and continued maintenance of
such technologies.
(7) A description of how the Department of Homeland
Security is working with the Federal Aviation Administration on
safety and airspace control issues associated with the use of
unmanned aerial vehicles in the National Airspace System.
(b) National Strategy for Border Security.--Not later than one year
after the date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the heads of other appropriate Federal
agencies, shall submit to the appropriate congressional committees a
National Strategy for Border Security to achieve operational control
over all ports of entry into the United States and the international
land and maritime borders of the United States. The Secretary shall
update the Strategy as needed and shall submit to the Committee, not
later than 30 days after each such update, the updated Strategy. The
National Strategy for Border Security shall include the following:
(1) The implementation timeline for the surveillance plan
described in subsection (a).
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at points along the international land and maritime borders of
the United States.
(3) A risk assessment of all ports of entry to the United
States and all portions of the international land and maritime
borders of the United States with respect to--
(A) preventing the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics,
and other contraband into the United States; and
(B) protecting critical infrastructure at or near
such ports of entry or borders.
(4) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(5) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(6) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations with respect to how the Department of Homeland
Security can improve coordination with such authorities, to
enable border security enforcement to be carried out in an
efficient and effective manner.
(7) A prioritization of research and development objectives
to enhance the security of the international land and maritime
borders of the United States.
(8) A description of ways to ensure that the free flow of
legitimate travel and commerce of the United States is not
diminished by efforts, activities, and programs aimed at
securing the international land and maritime borders of the
United States.
(9) An assessment of additional detention facilities and
bed space needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States in accordance with the National
Strategy for Border Security required under this subsection and
the mandatory detention requirement described in section 301 of
this Act.
(10) A description of how the Secretary shall ensure
accountability and performance metrics within the appropriate
agencies of the Department of Homeland Security responsible for
implementing the border security measures determined necessary
upon completion of the National Strategy for Border Security.
(11) A timeline for the implementation of the additional
security measures determined necessary as part of the National
Strategy for Border Security, including a prioritization of
security measures, realistic deadlines for addressing the
security and enforcement needs, and resource estimates and
allocations.
(c) Consultation.--In creating the National Strategy for Border
Security described in subsection (b), the Secretary shall consult
with--
(1) State, local, and tribal authorities along the
international land and maritime borders of the United States;
and
(2) an appropriate cross-section of private sector and
nongovernmental organizations with relevant expertise.
(d) Priority of National Strategy.--The National Strategy for
Border Security described in subsection (b) shall be the controlling
document for security and enforcement efforts related to securing the
international land and maritime borders of the United States.
(e) Immediate Action.--Nothing in this section shall be construed
to relieve the Secretary of the responsibility to take all actions
necessary and appropriate to achieve and maintain operational control
over the entire international land and maritime borders of the United
States pursuant to section 101 of this Act or any other provision of
law.
(f) Reporting of Implementing Legislation.--After submittal of the
National Strategy for Border Security described in subsection (b) to
the Committee on Homeland Security of the House of Representatives,
such Committee shall promptly report to the House legislation
authorizing necessary security measures based on its evaluation of the
National Strategy for Border Security.
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the appropriate congressional committees a report on the
implementation of the cross-border security agreements signed by the
United States with Mexico and Canada, including recommendations on
improving cooperation with such countries to enhance border security.
(b) Updates.--The Secretary shall regularly update the Committee
concerning such implementation.
SEC. 104. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2006, the Secretary of Homeland Security
shall--
(1) in consultation with the Attorney General, enhance
connectivity between the IDENT and IAFIS fingerprint databases
to ensure more expeditious data searches; and
(2) in consultation with the Secretary of State, collect
ten fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section 110
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1221 note).
SEC. 105. ONE FACE AT THE BORDER INITIATIVE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to Congress a report--
(1) describing the tangible and quantifiable benefits of
the One Face at the Border Initiative established by the
Department of Homeland Security;
(2) identifying goals for and challenges to increased
effectiveness of the One Face at the Border Initiative;
(3) providing a breakdown of the number of inspectors who
were--
(A) personnel of the United States Customs Service
before the date of the establishment of the Department
of Homeland Security;
(B) personnel of the Immigration and Naturalization
Service before the date of the establishment of the
Department;
(C) personnel of the Department of Agriculture
before the date of the establishment of the Department;
or
(D) hired after the date of the establishment of
the Department;
(4) describing the training time provided to each employee
on an annual basis for the various training components of the
One Face at the Border Initiative; and
(5) outlining the steps taken by the Department to ensure
that expertise is retained with respect to customs,
immigration, and agriculture inspection functions under the One
Face at the Border Initiative.
SEC. 106. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously as
practicable, develop and implement a plan to ensure clear and secure
two-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land border who do not have
mobile communications, as the Secretary determines necessary;
and
(4) between all appropriate Department of Homeland Security
border security agencies and State, local, and tribal law
enforcement agencies.
SEC. 107. BORDER PATROL AGENTS.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary for each of fiscal
years 2007 through 2010 to carry out section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (requiring the Secretary to
increase by not less than 2,000 the number of positions for full-time
active-duty Border Patrol agents within the Department of Homeland
Security above the number of such positions for which funds were
allotted for the preceding fiscal year) (Public Law 108-458; 118 Stat.
3734).
SEC. 108. PORT OF ENTRY INSPECTION PERSONNEL.
In each of fiscal years 2007 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations,
increase by not less than 250 the number of positions for full-time
active duty port of entry inspectors. There are authorized to be
appropriated to the Secretary such sums as may be necessary for each
such fiscal year to hire, train, equip, and support such additional
inspectors under this section.
SEC. 109. CANINE DETECTION TEAMS.
In each of fiscal years 2007 through 2011, the Secretary of
Homeland Security shall, subject to the availability of appropriations,
increase by not less than 25 percent above the number of such positions
for which funds were allotted for the preceding fiscal year the number
of trained detection canines for use at United States ports of entry
and along the international land and maritime borders of the United
States.
SEC. 110. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department of
Homeland Security shall review each contract action related to the
Department's Secure Border Initiative having a value greater than
$20,000,000, to determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned business, and
timelines. The Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General.--Upon completion of each review
described in subsection (a), the Inspector General shall submit to the
Secretary of Homeland Security a report containing the findings of the
review, including findings regarding any cost overruns, significant
delays in contract execution, lack of rigorous departmental contract
management, insufficient departmental financial oversight, bundling
that limits the ability of small business to compete, or other high
risk business practices.
(c) Report by Secretary.--Not later than 30 days after the receipt
of each report required under subsection (b), the Secretary of Homeland
Security shall submit to the appropriate congressional committees a
report on the findings of the report by the Inspector General and the
steps the Secretary has taken, or plans to take, to address the
problems identified in such report.
(d) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General, an additional amount equal to at least five percent
for fiscal year 2007, at least six percent for fiscal year 2008, and at
least seven percent for fiscal year 2009 of the overall budget of the
Office for each such fiscal year is authorized to be appropriated to
the Office to enable the Office to carry out this section.
SEC. 111. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the basic training provided to Border Patrol agents
by the Department of Homeland Security to ensure that such training is
provided as efficiently and cost-effectively as possible.
(b) Components of Review.--The review under subsection (a) shall
include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by the
Federal Law Enforcement Training Center, including a
description of how the curriculum has changed since September
11, 2001.
(2) A review and a detailed breakdown of the costs incurred
by United States Customs and Border Protection and the Federal
Law Enforcement Training Center to train one new Border Patrol
agent.
(3) A comparison, based on the review and breakdown under
paragraph (2) of the costs, effectiveness, scope, and quality,
including geographic characteristics, with other similar law
enforcement training programs provided by State and local
agencies, non-profit organizations, universities, and the
private sector.
(4) An evaluation of whether and how utilizing comparable
non-Federal training programs, proficiency testing to
streamline training, and long-distance learning programs may
affect--
(A) the cost-effectiveness of increasing the number
of Border Patrol agents trained per year and reducing
the per agent costs of basic training; and
(B) the scope and quality of basic training needed
to fulfill the mission and duties of a Border Patrol
agent.
SEC. 112. AIRSPACE SECURITY MISSION IMPACT REVIEW.
Not later than 120 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 a report detailing
the impact the airspace security mission in the National Capital Region
(in this section referred to as the ``NCR'') will have on the ability
of the Department of Homeland Security to protect the international
land and maritime borders of the United States. Specifically, the
report shall address:
(1) The specific resources, including personnel, assets,
and facilities, devoted or planned to be devoted to the NCR
airspace security mission, and from where those resources were
obtained or are planned to be obtained.
(2) An assessment of the impact that diverting resources to
support the NCR mission has or is expected to have on the
traditional missions in and around the international land and
maritime borders of the United States.
SEC. 113. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.
(a) In General.--Subject to the amount appropriated in subsection
(d) of this section, the Secretary of Homeland Security shall reimburse
property owners for costs associated with repairing damages to the
property owners' private infrastructure constructed on a United States
Government right-of-way delineating the international land border when
such damages are--
(1) the result of unlawful entry of aliens; and
(2) confirmed by the appropriate personnel of the
Department of Homeland Security and submitted to the Secretary
for reimbursement.
(b) Value of Reimbursements.--Reimbursements for submitted damages
as outlined in subsection (a) shall not exceed the value of the private
infrastructure prior to damage.
(c) Reports.--Not later than six months after the date of the
enactment of this Act and every subsequent six months until the amount
appropriated for this section is expended in its entirety, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives a report that details
the expenditures and circumstances in which those expenditures were
made pursuant to this section.
(d) Authorization of Appropriations.--There shall be authorized to
be appropriated an initial $50,000 for each fiscal year to carry out
this section.
SEC. 114. BORDER PATROL UNIT FOR VIRGIN ISLANDS.
Not later than September 30, 2006, the Secretary of Homeland
Security shall establish at least one Border Patrol unit for the Virgin
Islands of the United States.
SEC. 115. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN
GANGS ALONG INTERNATIONAL BORDER.
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security shall report to the Committee
on Homeland Security of the House of Representatives on the progress of
the Department of Homeland Security in tracking the travel of Central
American gangs across the international land border of the United
States and Mexico.
SEC. 116. COLLECTION OF DATA.
Beginning on October 1, 2006, the Secretary of Homeland Security
shall annually compile data on the following categories of information:
(1) The number of unauthorized aliens who require medical
care taken into custody by Border Patrol officials.
(2) The number of unauthorized aliens with serious injuries
or medical conditions Border Patrol officials encounter, and
refer to local hospitals or other health facilities.
(3) The number of unauthorized aliens with serious injuries
or medical conditions who arrive at United States ports of
entry and subsequently are admitted into the United States for
emergency medical care, as reported by United States Customs
and Border Protection.
(4) The number of unauthorized aliens described in
paragraphs (2) and (3) who subsequently are taken into custody
by the Department of Homeland Security after receiving medical
treatment.
SEC. 117. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED
STATES PORTS OF ENTRY.
(a) Deployment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall deploy
radiation portal monitors at all United States ports of entry and
facilities as determined by the Secretary to facilitate the screening
of all inbound cargo for nuclear and radiological material.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary 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 on
the Department's progress toward carrying out the deployment described
in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out subsection (a) such sums as
may be necessary for each of fiscal years 2006 and 2007.
SEC. 118. SENSE OF CONGRESS REGARDING THE SECURE BORDER INITIATIVE.
It is the sense of Congress that--
(1) as the Secretary of Homeland Security develops and
implements the Secure Border Initiative and other initiatives
to strengthen security along the Nation's borders, the
Secretary shall conduct extensive outreach to the private
sector, including small, minority-owned, women-owned, and
disadvantaged businesses; and
(2) the Secretary also shall consult with firms that are
practitioners of mission effectiveness at the Department of
Homeland Security, homeland security business councils, and
associations to identify existing and emerging technologies and
best practices and business processes, to maximize economies of
scale, cost-effectiveness, systems integration, and resource
allocation, and to identify the most appropriate contract
mechanisms to enhance financial accountability and mission
effectiveness of border security programs.
TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT
SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE
AND SUPPORT.
(a) In General.--The Secretary of Homeland Security and the
Secretary of Defense shall develop a joint strategic plan to use the
authorities provided to the Secretary of Defense under chapter 18 of
title 10, United States Code, to increase the availability and use of
Department 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 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 Homeland 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 international 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 report 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.
(c) Rule of Construction.--Nothing in this section shall be
construed as altering or amending the prohibition 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 Security, in
consultation with the Secretary of the Interior, shall evaluate border
security vulnerabilities on land directly 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 contraband 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 appropriate border security assistance on land
directly adjacent to the international land border of the United States
under the jurisdiction of the Department of the Interior, its bureaus,
and tribal entities.
SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING
TEST AND EVALUATION EXERCISE.
Not later than one year after the date of the enactment 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, territorial,
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 sharing
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 advisory committee to be known as the Border
Security Advisory Committee (in this section referred to as the
``Committee'').
(b) Duties.--The Committee shall advise the Secretary on issues
relating to border security and enforcement 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. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER
SECURITY ACTIVITIES.
(a) Reimbursement.--The Secretary of Homeland Security may allow
the recipient of amounts under a covered grant to use those amounts to
reimburse itself for costs it incurs in carrying out any 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 Federal agency.
(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 governments, or Indian tribes administered
under the following programs:
(1) State homeland security grant program.--The State
Homeland Security Grant Program 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 prevention program.--The Law
Enforcement Terrorism Prevention Program of the Department, or
any successor to such grant program.
SEC. 206. CENTER OF EXCELLENCE FOR BORDER SECURITY.
(a) Establishment.--The Secretary of Homeland Security shall
establish a university-based Center of Excellence for Border Security
following the merit-review processes and procedures and other
limitations that have been established for selecting and supporting
University Programs 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 systems. 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. 207. 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 Strategy for Border Security
recommendations on how to enhance Department cooperation with
sovereign Indian Nations on securing our borders and preventing
terrorist entry, including, specifically, the Department should
consider whether a Tribal Smart Border 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.
TITLE III--DETENTION AND REMOVAL
SEC. 301. MANDATORY DETENTION FOR ALIENS APPREHENDED 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 Immigration and Nationality Act
(8 U.S.C. 1225(a)(4)) and immediately departs from the United
States pursuant to such section; or
(2) is paroled into the United States by the Secretary of
Homeland Security for urgent humanitarian reasons or
significant public benefit in accordance with section
212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days after
the date of the enactment of this Act and before October 1, 2006, an
alien described in subsection (a) may be released with a notice to
appear only if--
(1) the Secretary of Homeland Security determines, 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.--Nothing in this section
shall be construed to change or alter any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
relating to 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.
SEC. 302. ENHANCED DETENTION CAPACITY.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary for each of fiscal
years 2007 through 2010 to carry out Section 5204 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (related to an increase in
the number of beds by not less than 8,000 each fiscal year available
for immigration detention and removal operations of the Department of
Homeland Security) (Public Law 108-458; 118 Stat. 3734).
SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall fully utilize--
(1) all available detention facilities operated or
contracted by the Department of Homeland Security; and
(2) all possible options to cost effectively increase
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 Security is authorized
to enter into contracts with private entities for the purpose of
providing secure domestic transport of aliens who are apprehended at or
along the international land or maritime borders from the custody of
United States Customs and Border Protection to detention 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 containing such information as the Secretary may require.
The Secretary shall select from such applications those entities which
offer, in the determination of the Secretary, the best combination of
service, cost, and security.
SEC. 305. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY 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 consultation with the Secretary of State,
may deny admission to any citizen, subject, national, or resident of
that country until the country accepts the alien who was ordered
removed.''.
SEC. 306. REPORT ON FINANCIAL BURDEN OF REPATRIATION.
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 unlawful aliens to their countries of nationality or
last habitual residence, including details relating to cost per
country. The Secretary shall include in each such report the
recommendations of the Secretary to more cost effectively repatriate
such aliens.
SEC. 307. TRAINING PROGRAM.
Not later than six months after the date of the enactment 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 described in
paragraph (1), take necessary and appropriate measures to
ensure consistency in referrals by Border Patrol agents and
port of entry inspectors to asylum officers for determinations
of credible fear.
SEC. 308. 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 General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(2) by adding at the end the following new subclause:
``(III) Exception.--Notwithstanding
subclauses (I) and (II), the Secretary
of Homeland Security shall apply
clauses (i) and (ii) of this
subparagraph 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
apprehended within 100 miles of an
international land border of the United
States and within 14 days of entry.''.
(b) Exceptions.--Section 235(b)(1)(F) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before
the period at the end the following: ``or in any manner at or between a
land border 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.
TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY 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 particular, the Secretary of Homeland Security
shall--
(1) oversee and ensure the coordinated execution of border
security operations and policy;
(2) establish a mechanism for sharing and coordinating
intelligence information and analysis at the headquarters and
field office levels pertaining to counter-terrorism, border
enforcement, customs and trade, immigration, human smuggling,
human trafficking, and other issues of concern to both United
States Immigration and Customs Enforcement and United States
Customs and Border Protection;
(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 organizations engaged in cross-border
smuggling, money laundering, and immigration violations;
(4) enhance coordination between the border security and
investigations missions within the Department by requiring
that, with respect to cases involving 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 allocation of the
Department's border security related resources, and analyze
budget issues on the basis of Department-wide border
enforcement goals, plans, and processes;
(6) establish measures and metrics for determining the
effectiveness of coordinated border enforcement efforts; and
(7) develop and implement a comprehensive plan to protect
the northern and southern land borders of the United States and
address the different challenges each border faces by--
(A) coordinating all Federal border security
activities;
(B) improving communications and data sharing
capabilities within the Department and with other
Federal, State, local, tribal, and foreign law
enforcement agencies on matters relating to border
security; and
(C) providing input to relevant bilateral
agreements to improve border functions, including
ensuring security and promoting trade and tourism.
SEC. 402. 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 (referred to in this section as the
`Office').
``(b) Assistant Secretary.--The Office shall be headed by an
Assistant Secretary for Air and Marine Operations who shall be
appointed by the President, by and with the advice and consent of the
Senate, and who shall 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 terrorism, 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 comprehensive
radar, communications, and control services to the Office and
to eligible Federal, State, or local agencies (as determined by
the Assistant Secretary for Air and Marine Operations), in
order to identify, track, and support the interdiction and
apprehension 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 ensure that other
agencies within the Department of Homeland Security, the Department of
Defense, the Department of Justice, and such other Federal, State, or
local agencies, as may be determined by the Secretary, shall have
access to the information gathered and analyzed by the Center.
``(f) Requirement.--Beginning not later than 180 days after the
date of the enactment of this Act, the Secretary 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 Enforcement,
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 emissions and codes originating and resident aboard the
aircraft or similar asset used in the aviation activity.
``(g) Timing.--The Secretary shall require the information
described in subsection (f) to be provided to the Air and Marine
Operations Center in advance of the aviation activity whenever
practicable for the purpose of timely coordination and conflict
resolution of air missions by the Office, United States Immigration and
Customs Enforcement, and United States Customs and Border Protection.
``(h) Rule of Construction.--Nothing in this section 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.--Section 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 contents in section
1(b) of such Act (6 U.S.C. 101) is amended by inserting after
the item relating to section 430 the following new item:
``Sec. 431. Office of Air and Marine Operations.''.
SEC. 403. 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
functions (including the personnel, assets, and liabilities
attributable 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 Secretary is authorized to
establish within United States Immigration and Customs Enforcement
additional units of Customs Patrol Officers in accordance with this
section, as appropriate.
(c) Duties.--The Customs Patrol Officer unit transferred pursuant
to subsection (a), and additional units established pursuant to
subsection (b), shall operate on Indian lands by preventing the entry
of terrorists, other unlawful 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 Customs Enforcement pursuant to the Department of
Homeland 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 section shall be
supervised by a Chief Customs Patrol Officer, who shall have the same
rank as a resident agent-in-charge of the Office of Investigations
within United States Immigration and Customs Enforcement.
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