[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4312 Reported in House (RH)]







                                                 Union Calendar No. 181
109th CONGRESS
  1st Session
                                H. R. 4312

                      [Report No. 109-329, Part I]

   To establish operational control over the international land and 
     maritime borders of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2005

Mr. King of New York (for himself, Mr. Daniel E. Lungren of California, 
 and Ms. Loretta Sanchez of California) 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

                            December 6, 2005

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 Additional sponsors: Mr. Smith of Texas, Mr. Linder, Mr. Souder, Mr. 
 Gibbons, Mr. Simmons, Mr. Rogers of Alabama, Mr. Pearce, Ms. Harris, 
 Mr. Reichert, Mr. McCaul of Texas, Mr. Dent, Ms. Ginny Brown-Waite of 
 Florida, Mr. McHugh, Mr. Royce, Mrs. Myrick, Mr. Gordon, Mr. Shuster, 
                             and Mr. Istook
Deleted sponsor: Ms. Loretta Sanchez of California (added November 14, 
                    2005; deleted December 6, 2005)

                            December 6, 2005

Committees on the Judiciary and Armed Services discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 14, 2005]

_______________________________________________________________________

                                 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 2005''.
    (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.
                                                 Union Calendar No. 181

109th CONGRESS

  1st Session

                               H. R. 4312

                      [Report No. 109-329, Part I]

_______________________________________________________________________

                                 A BILL

   To establish operational control over the international land and 
     maritime borders of the United States, and for other purposes.

_______________________________________________________________________

                            December 6, 2005

Committees on the Judiciary and Armed Services discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed