[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.