[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6061 Placed on Calendar Senate (PCS)]


                                                       Calendar No. 615
109th CONGRESS
  2d Session
                                H. R. 6061


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2006

                    Received and read the first time

                           September 15, 2006

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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).

            Passed the House of Representatives September 14, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

                              By Marjorie C. Kelaher,

                                                          Deputy Clerk.
                                                       Calendar No. 615

109th CONGRESS

  2d Session

                               H. R. 6061

_______________________________________________________________________

                                 AN ACT

   To establish operational control over the international land and 
                 maritime borders of the United States.

_______________________________________________________________________

                           September 15, 2006

            Read the second time and placed on the calendar