[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6061 Enrolled Bill (ENR)]
H.R.6061
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To establish operational control over the international land and
maritime borders of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Fence Act of 2006''.
SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Homeland Security shall take
all actions the Secretary determines necessary and appropriate to
achieve and maintain operational control over the entire international
land and maritime borders of the United States, to include the
following--
(1) systematic surveillance of the international land and
maritime borders of the United States through more effective use of
personnel and technology, such as unmanned aerial vehicles, ground-
based sensors, satellites, radar coverage, and cameras; and
(2) physical infrastructure enhancements to prevent unlawful
entry by aliens into the United States and facilitate access to the
international land and maritime borders by United States Customs
and Border Protection, such as additional checkpoints, all weather
access roads, and vehicle barriers.
(b) Operational Control Defined.--In this section, the term
``operational control'' means the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband.
(c) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report on the progress made toward achieving and
maintaining operational control over the entire international land and
maritime borders of the United States in accordance with this section.
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER
AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.
Section 102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is
amended--
(1) in the subsection heading by striking ``Near San Diego,
California''; and
(2) by amending paragraph (1) to read as follows:
``(1) Security features.--
``(A) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security shall provide for least 2
layers of reinforced fencing, the installation of additional
physical barriers, roads, lighting, cameras, and sensors--
``(i) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
``(ii) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
``(iii) extending from 5 miles west of the Columbus,
New Mexico, port of entry to 10 miles east of El Paso,
Texas;
``(iv) extending from 5 miles northwest of the Del Rio,
Texas, port of entry to 5 miles southeast of the Eagle
Pass, Texas, port of entry; and
``(v) extending 15 miles northwest of the Laredo,
Texas, port of entry to the Brownsville, Texas, port of
entry.
``(B) Priority areas.--With respect to the border
described--
``(i) in subparagraph (A)(ii), the Secretary shall
ensure that an interlocking surveillance camera system is
installed along such area by May 30, 2007, and that fence
construction is completed by May 30, 2008; and
``(ii) in subparagraph (A)(v), the Secretary shall
ensure that fence construction from 15 miles northwest of
the Laredo, Texas, port of entry to 15 southeast of the
Laredo, Texas, port of entry is completed by December 31,
2008.
``(C) Exception.--If the topography of a specific area has
an elevation grade that exceeds 10 percent, the Secretary may
use other means to secure such area, including the use of
surveillance and barrier tools.''.
SEC. 4. NORTHERN BORDER STUDY.
(a) In General.--The Secretary of Homeland Security shall conduct a
study on the feasibility of a state of-the-art infrastructure security
system along the northern international land and maritime border of the
United States and shall include in the study--
(1) the necessity of implementing such a system;
(2) the feasibility of implementing such a system; and
(3) the economic impact implementing such a system will have
along the northern border.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report that contains the results of the study conducted under
subsection (a).
SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP
CERTAIN FLEEING VEHICLES.
(a) Evaluation.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) evaluate the authority of personnel of United States
Customs and Border Protection to stop vehicles that enter the
United States illegally and refuse to stop when ordered to do so by
such personnel, compare such Customs authority with the authority
of the Coast Guard to stop vessels under section 637 of title 14,
United States Code, and make an assessment as to whether such
Customs authority should be expanded;
(2) review the equipment and technology available to United
States Customs and Border Protection personnel to stop vehicles
described in paragraph (1) and make an assessment as to whether or
not better equipment or technology is available or should be
developed; and
(3) evaluate the training provided to United States Customs and
Border Protection personnel to stop vehicles described in paragraph
(1).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that contains the results of the evaluation conducted under
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.