Pub. L. 109-163, div. A, tit. III, subtit. F, sec. 354
REPORT REGARDING EFFECT ON MILITARY READINESS OF UNDOCUMENTED IMMIGRANTS TRESPASSING UPON OPERATIONAL RANGES.
SEC. 354. REPORT REGARDING EFFECT ON MILITARY READINESS OF UNDOCUMENTED IMMIGRANTS TRESPASSING UPON OPERATIONAL RANGES.(a) Report Containing Assessment and Response Plan.—Not later than April 15, 2006, the Secretary of Defense shall submit to Congress a report containing—(1) an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and(2) a plan for the implementation of measures to prevent such trespass.(b) Preparation and Elements of Assessment.—The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following:(1) A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges.(2) A description of the types of range activities affected by such trespass.(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass.(4) An evaluation of the nature and extent of such trespass and means of travel.(5) An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States.(6) A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors.(c) Preparation and Elements of Plan.—The plan required by subsection (a)(2) shall be prepared jointly by the Secretary of Defense and the Secretary of Homeland Security. The plan shall include the following:(1) The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries.119 STAT. 3205(2) The costs of, and timeline for, implementation of the plan.(d) Implementation Reports.—Not later than September 15, 2006, March 15, 2007, September 15, 2007, and March 15, 2008, the Secretary of Defense shall submit to Congress a report detailing the progress made by the Department of Defense, during the period covered by the report, in implementing measures recommended in the plan required by subsection (a)(2) to prevent undocumented immigrants from trespassing upon operational ranges. Each report shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass.(e) Definitions.—In this section, the terms “operational range” and “range activities” have the meaning given those terms in section 101(e) of title 10, United States Code.