[Congressional Record Volume 160, Number 110 (Tuesday, July 15, 2014)]
[Senate]
[Pages S4504-S4509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Burr, Mr. Isakson, and Mr. 
        Wicker):
  S. 2611. A bill to facilitate the expedited processing of minors 
entering the United States across the southern border and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2611

       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 ``Helping Unaccompanied Minors 
     and Alleviating National Emergency Act'' or the ``HUMANE 
     Act''.

                      TITLE I--PROTECTING CHILDREN

     SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       Section 235(a) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(a)) is amended--
       (1) in paragraph (2)--
       (A) by amending the paragraph heading to read as follows: 
     ``Rules for unaccompanied alien children'';
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``who is a national or habitual resident of 
     a country that is contiguous with the United States''; and
       (C) in subparagraph (C)--
       (i) by amending the subparagraph heading to read as 
     follows: ``Agreements with foreign countries''; and
       (ii) in the matter preceding clause (i), by striking 
     ``countries contiguous to the United States'' and inserting 
     ``Canada, El Salvador, Guatemala, Honduras, Mexico, and any 
     other foreign country that the Secretary determines 
     appropriate''; and
       (2) in paragraph (5)(D)--
       (A) in the subparagraph heading, by striking ``Placement in 
     removal proceedings'' and inserting ``Expedited due process 
     and screening for unaccompanied alien children'';
       (B) in the matter preceding clause (i), by striking ``, 
     except for an unaccompanied alien child from a contiguous 
     country subject to the exceptions under subsection (a)(2), 
     shall be--'' and inserting ``who does not meet the criteria 
     listed in paragraph (2)(A)--'';
       (C) by striking clause (i) and inserting the following:
       ``(i) shall be placed in a proceeding in accordance with 
     section 235B of the Immigration and Nationality Act, which 
     shall commence not later than 7 days after the screening of 
     an unaccompanied alien child described in paragraph (4);'';
       (D) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (E) by inserting after clause (i) the following:
       ``(ii) may not be placed in the custody of a 
     nongovernmental sponsor or otherwise released from the 
     custody of the United States Government until the child is 
     repatriated unless the child is the subject of an order under 
     section 235B(e)(1) of the Immigration and Nationality Act;'';

[[Page S4505]]

       (F) in clause (iii), as redesignated, by inserting ``is'' 
     before ``eligible''; and
       (G) in clause (iv), as redesignated, by inserting ``shall 
     be'' before ``provided''.

     SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Amendments to Immigration and Nationality Act.--
       (1) In general.--Chapter 4 of the Immigration and 
     Nationality Act is amended by inserting after section 235A 
     the following:

     ``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING 
                   FOR UNACCOMPANIED ALIEN CHILDREN.

       ``(a) Defined Term.--In this section, the term `asylum 
     officer' means an immigration officer who--
       ``(1) has had professional training in country conditions, 
     asylum law, and interview techniques comparable to that 
     provided to full-time adjudicators of applications under 
     section 208, and
       ``(2) is supervised by an officer who--
       ``(A) meets the condition described in paragraph (1); and
       ``(B) has had substantial experience adjudicating asylum 
     applications.
       ``(b) Proceeding.--
       ``(1) In general.--Not later than 7 days after the 
     screening of an unaccompanied alien child under section 
     235(a)(4) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
     an immigration judge shall conduct a proceeding to inspect, 
     screen, and determine the status of an unaccompanied alien 
     child who is an applicant for admission to the United States.
       ``(2) Time limit.--Not later than 72 hours after the 
     conclusion of a proceeding with respect to an unaccompanied 
     alien child under this section, the immigration judge who 
     conducted such proceeding shall issue an order pursuant to 
     subsection (e).
       ``(c) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge conducting a proceeding under this section--
       ``(A) shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the alien and any 
     witnesses;
       ``(B) may issue subpoenas for the attendance of witnesses 
     and presentation of evidence; and
       ``(C) is authorized to sanction by civil money penalty any 
     action (or inaction) in contempt of the judge's proper 
     exercise of authority under this Act.
       ``(2) Form of proceeding.--A proceeding under this section 
     may take place--
       ``(A) in person;
       ``(B) at a location agreed to by the parties, in the 
     absence of the alien;
       ``(C) through video conference; or
       ``(D) through telephone conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of an alien's mental incompetency for the alien to be present 
     at the proceeding, the Attorney General shall prescribe 
     safeguards to protect the rights and privileges of the alien.
       ``(4) Rights of the alien.--In a proceeding under this 
     section--
       ``(A) the alien shall be given the privilege of being 
     represented, at no expense to the Government, by counsel of 
     the alien's choosing who is authorized to practice in such 
     proceedings;
       ``(B) the alien shall be given a reasonable opportunity--
       ``(i) to examine the evidence against the alien;
       ``(ii) to present evidence on the alien's own behalf; and
       ``(iii) to cross-examine witnesses presented by the 
     Government;
       ``(C) the rights set forth in subparagraph (B) shall not 
     entitle the alien--
       ``(i) to examine such national security information as the 
     Government may proffer in opposition to the alien's admission 
     to the United States; or
       ``(ii) to an application by the alien for discretionary 
     relief under this Act; and
       ``(D) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Withdrawal of application for admission.--In the 
     discretion of the Attorney General, an alien applying for 
     admission to the United States may, and at any time, be 
     permitted to withdraw such application and immediately be 
     returned to the alien's country of nationality or country of 
     last habitual residence.
       ``(d) Decision and Burden of Proof.--
       ``(1) Decision.--
       ``(A) In general.--At the conclusion of a proceeding under 
     this section, the immigration judge shall determine whether 
     an unaccompanied alien child is likely to be--
       ``(i) admissible to the United States; or
       ``(ii) eligible for any form of relief from removal under 
     this Act.
       ``(B) Evidence.--The determination of the immigration judge 
     under subparagraph (A) shall be based only on the evidence 
     produced at the hearing.
       ``(2) Burden of proof.--
       ``(A) In general.--In a proceeding under this section, an 
     alien who is an applicant for admission has the burden of 
     establishing, by a preponderance of the evidence, that the 
     alien--
       ``(i) is likely to be entitled to be lawfully admitted to 
     the United States or eligible for any form of relief from 
     removal under this Act; or
       ``(ii) is lawfully present in the United States pursuant to 
     a prior admission.
       ``(B) Access to documents.--In meeting the burden of proof 
     under subparagraph (A)(ii), the alien shall be given access 
     to--
       ``(i) the alien's visa or other entry document, if any; and
       ``(ii) any other records and documents, not considered by 
     the Attorney General to be confidential, pertaining to the 
     alien's admission or presence in the United States.
       ``(e) Orders.--
       ``(1) Placement in further proceedings.--If an immigration 
     judge determines that the unaccompanied alien child has met 
     the burden of proof under subsection (d)(2), the judge shall 
     order the alien to be placed in further proceedings in 
     accordance with section 240.
       ``(2) Orders of removal.--If an immigration judge 
     determines that the unaccompanied alien child has not met the 
     burden of proof required under subsection (d)(2), the judge 
     shall order the alien removed from the United States without 
     further hearing or review unless the alien claims--
       ``(A) an intention to apply for asylum under section 208; 
     or
       ``(B) a fear of persecution.
       ``(3) Claims for asylum.--If an unaccompanied alien child 
     described in paragraph (2) claims an intention to apply for 
     asylum under section 208 or a fear of persecution, the 
     officer shall order the alien referred for an interview by an 
     asylum officer under subsection (f).
       ``(f) Asylum Interviews.--
       ``(1) Defined term.--In this subsection, the term `credible 
     fear of persecution' means, after taking into account the 
     credibility of the statements made by the alien in support of 
     the alien's claim and such other facts as are known to the 
     officer, there is a significant possibility that the alien 
     could establish eligibility for asylum under section 208.
       ``(2) Conduct by asylum officer.--An asylum officer shall 
     conduct interviews of aliens referred under subsection 
     (e)(3).
       ``(3) Referral of certain aliens.--If the officer 
     determines at the time of the interview that an alien has a 
     credible fear of persecution, the alien shall be held in the 
     custody of the Secretary for Health and Human Services 
     pursuant to section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b)) during further consideration of the 
     application for asylum.
       ``(4) Removal without further review if no credible fear of 
     persecution.--
       ``(A) In general.--Subject to subparagraph (C), if the 
     asylum officer determines that an alien does not have a 
     credible fear of persecution, the officer shall order the 
     alien removed from the United States without further hearing 
     or review.
       ``(B) Record of determination.--The officer shall prepare a 
     written record of a determination under subparagraph (A), 
     which shall include--
       ``(i) a summary of the material facts as stated by the 
     applicant;
       ``(ii) such additional facts (if any) relied upon by the 
     officer;
       ``(iii) the officer's analysis of why, in light of such 
     facts, the alien has not established a credible fear of 
     persecution; and
       ``(iv) a copy of the officer's interview notes.
       ``(C) Review of determination.--
       ``(i) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process by which an immigration judge will 
     conduct a prompt review, upon the alien's request, of a 
     determination under subparagraph (A) that the alien does not 
     have a credible fear of persecution.
       ``(ii) Mandatory components.--The review described in 
     clause (i)--

       ``(I) shall include an opportunity for the alien to be 
     heard and questioned by the immigration judge, either in 
     person or by telephonic or video connection; and
       ``(II) shall be conducted--

       ``(aa) as expeditiously as possible;
       ``(bb) within the 24-hour period beginning at the time the 
     asylum officer makes a determination under subparagraph (A), 
     to the maximum extent practicable; and
       ``(cc) in no case later than 7 days after such 
     determination.
       ``(D) Mandatory protective custody.--Any alien subject to 
     the procedures under this paragraph shall be held in the 
     custody of the Secretary of Health and Human Services 
     pursuant to Section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b))--
       ``(i) pending a final determination of credible fear of 
     persecution; and
       ``(ii) after a determination that the alien does not such a 
     fear, until the alien is removed.
       ``(g) Limitation on Administrative Review.--
       ``(1) In general.--Except as provided in subsection 
     (f)(4)(C) and paragraph (2), a removal order entered in 
     accordance with subsection (e)(2) or (f)(4)(A) is not subject 
     to administrative appeal.
       ``(2) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process for the prompt review of an order under 
     subsection (e)(2) against an alien who claims under oath, or 
     as permitted under penalty of perjury under section 1746 of 
     title 28, United States Code, after having been warned of the 
     penal ties for falsely making such claim under such 
     conditions to have been--
       ``(A) lawfully admitted for permanent residence;

[[Page S4506]]

       ``(B) admitted as a refugee under section 207; or
       ``(C) granted asylum under section 208.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amendment by inserting after the item relating to section 
     235A the following:

``Sec. 235B. Humane and expedited inspection and screening for 
              unaccompanied alien children.''.
       (b) Judicial Review of Orders of Removal.--Section 242 of 
     the Immigration and Nationality Act (8 U.S.C. 1252) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, or an order of 
     removal issued to an unaccompanied alien child after 
     proceedings under section 235B'' after ``section 235(b)(1)''; 
     and
       (B) in paragraph (2)--
       (i) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' each place it appears; and
       (ii) in subparagraph (A)--

       (I) in the subparagraph heading, by inserting ``or 235b'' 
     after ``section 235(b)(1)''; and
       (II) in clause (iii), by striking ``section 235(b)(1)(B),'' 
     and inserting ``section 235(b)(1)(B) or 235B(f);''; and

       (2) in subsection (e)--
       (A) in the subsection heading, by inserting ``or 235B'' 
     after ``Section 235(b)(1)'';
       (B) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' in each place it appears;
       (C) in subparagraph (2)(C), by inserting ``or section 
     235B(g)'' after ``section 235(b)(1)(C)''; and
       (D) in subparagraph (3)(A), by inserting ``or section 
     235B'' after ``section 235(b).

     SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN 
                   CHILDREN PRESENT IN THE UNITED STATES.

       (a) Special Motions for Unaccompanied Alien Children.--
       (1) Filing authorized.--Beginning on the date that is 60 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security, notwithstanding any other 
     provision of law, may, at the sole and unreviewable 
     discretion of the Secretary, permit an unaccompanied alien 
     child who was issued a Notice to Appear under section 239 of 
     the Immigration and Nationality Act (8 U.S.C. 1229) during 
     the period beginning on January 1, 2013, and ending on the 
     date of the enactment of this Act--
       (A) to appear, in-person, before an immigration judge who 
     has been authorized by the Attorney General to conduct 
     proceedings under section 235B of the Immigration and 
     Nationality Act, as added by section 102;
       (B) to attest to their desire to apply for admission to the 
     United States; and
       (C) to file a motion--
       (i) to expunge--

       (I) any final order of removal issued against them between 
     January 1, 2013 and the date of the enactment of this Act 
     under section 240 of the Immigration and Nationality Act (8 
     U.S.C. 1229a); or
       (II) any Notice to Appear issued between January 1, 2013 
     and the date of the enactment of this Act under section 239 
     of the Immigration and Nationality Act (8 U.S.C. 1229); and

       (ii) to apply for admission to the United States by being 
     placed in proceedings under section 235B of the Immigration 
     and Nationality Act.
       (2) Motion granted.--An immigration judge may, at the sole 
     and unreviewable discretion of the judge, grant a motion 
     filed under paragraph (1)(C) upon a finding that--
       (A) the petitioner was an unaccompanied alien child (as 
     defined in section 235 of the William Wilberforce Trafficking 
     Victims Protection Act of 2008 (8 U.S.C. 1232)) on the date 
     on which a Notice to Appear described in paragraph (1) was 
     issued to the alien;
       (B) the Notice to Appear was issued during the period 
     beginning on January 1, 2013, and ending on the date of the 
     enactment of this Act;
       (C) the unaccompanied alien child is applying for admission 
     to the United States; and
       (D) the granting of such motion would not be manifestly 
     unjust.
       (3) Effect of motion.--Notwithstanding any other provision 
     of law, upon the granting of a motion to expunge under 
     paragraph (2)--
       (A) the Secretary of Homeland Security shall immediately 
     expunge any final order of removal resulting from a 
     proceeding initiated by any Notice to Appear described in 
     paragraph (1), and such Notice to Appear; and
       (B) the immigration judge who granted such motion shall, 
     while the petitioner remains in-person, immediately inspect 
     and screen the petitioner for admission to the United States 
     by conducting a proceeding under section 235B of the 
     Immigration and Nationality Act.
       (4) Protective custody.--An unaccompanied alien child who 
     has been granted a motion under paragraph (2) shall be held 
     in the custody of the Secretary of Health and Human Services 
     pursuant to section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232).

     SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.

       (a) Designation.--Not later than 14 days after the date of 
     the enactment of this Act, the Attorney General shall 
     designate up to 40 immigration judges, including through the 
     hiring of retired immigration judges or magistrate judges, or 
     the reassignment of current immigration judges, that are 
     dedicated to conducting humane and expedited inspection and 
     screening for unaccompanied alien children under section 235B 
     of the Immigration and Nationality Act, as added by section 
     102.
       (b) Requirement.--The Attorney General shall ensure that 
     sufficient immigration judge resources are dedicated to the 
     purpose described in subsection (a) to comply with the 
     requirement under section 235B(b)(1) of the Immigration and 
     Nationality Act.

     SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX 
                   OFFENDERS, AND OTHER CRIMINALS.

       Section 235(c)(3) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)(3)) is amended--
       (1) in subparagraph (A), by inserting ``, including a 
     mandatory biometric criminal history check'' before the 
     period at the end; and
       (2) by adding at the end the following--
       ``(D) Prohibition on placement with sex offenders and human 
     traffickers.--
       ``(i) In general.--The Secretary of Health and Human 
     Services may not place an unaccompanied alien child in the 
     custody of an individual who has been convicted of--

       ``(I) a sex offense, (as defined in section 111 of the Sex 
     Offender Registration and Notification Act (42 U.S. 16911); 
     or
       ``(II) a crime involving a severe form of trafficking in 
     persons (as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)).

       ``(ii) Requirements of criminal background check.--A 
     biometric criminal history check under subparagraph (A) shall 
     be based on a set of fingerprints or other biometric 
     identifiers and conducted through--

       ``(I) the Identification Division of the Federal Bureau of 
     Investigation; and
       ``(II) criminal history repositories of all States that the 
     individual lists as current or former residences.''.

            TITLE II--BORDER SECURITY AND TRADE FACILITATION

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Cocaine removal effectiveness rate.--The term ``cocaine 
     removal effectiveness rate'' means the percentage that 
     results from dividing the amount of cocaine removed by the 
     Department of Homeland Security's maritime security 
     components inside or outside a transit zone, as the case may 
     be, by the total documented cocaine flow rate as contained in 
     Federal drug databases.
       (3) Consequence delivery system.--The term ``Consequence 
     Delivery System'' means the series of consequences applied to 
     persons illegally entering the United States by the Border 
     Patrol to prevent illegal border crossing recidivism.
       (4) Got away.--The term ``got away'' means an illegal 
     border crosser who, after making an illegal entry into the 
     United States, is not turned back or apprehended.
       (5) High traffic areas.--The term ``high traffic areas'' 
     means sectors along the northern and southern borders of the 
     United States that are within the responsibility of the 
     Border Patrol that have the most illicit cross-border 
     activity, informed through situational awareness.
       (6) Illegal border crossing effectiveness rate.--The term 
     ``illegal border crossing effectiveness rate'' means the 
     percentage that results from dividing the number of 
     apprehensions and turn backs by the number of apprehensions, 
     turn backs, and got aways. The data used by the Secretary of 
     Homeland Security to determine such rate shall be collected 
     and reported in a consistent and standardized manner across 
     all Border Patrol sectors.
       (7) Major violator.--The term ``major violator'' means a 
     person or entity that has engaged in serious criminal 
     activities at any land, air, or sea port of entry, including 
     possession of illicit drugs, smuggling of prohibited 
     products, human smuggling, weapons possession, use of 
     fraudulent United States documents, or other offenses serious 
     enough to result in arrest.
       (8) Operational control.--The term ``operational control'' 
     means a condition in which there is a not lower than 90 
     percent illegal border crossing effectiveness rate, informed 
     by situational awareness, and a significant reduction in the 
     movement of illicit drugs and other contraband through such 
     areas is being achieved.
       (9) Situational awareness.--The term ``situational 
     awareness'' means knowledge and an understanding of current 
     illicit cross-border activity, including cross-border threats 
     and trends concerning illicit trafficking and unlawful 
     crossings along the international borders of the United 
     States and in the maritime environment, and the ability to 
     forecast future shifts in such threats and trends.
       (10) Transit zone.--The term ``transit zone'' means the sea 
     corridors of the western Atlantic Ocean, the Gulf of Mexico, 
     the Caribbean Sea, and the eastern Pacific Ocean through 
     which undocumented migrants and illicit drugs transit, either 
     directly or indirectly, to the United States.
       (11) Turn back.--The term ``turn back'' means an illegal 
     border crosser who, after making an illegal entry into the 
     United States, returns to the country from which such crosser 
     entered.

[[Page S4507]]

     SEC. 202. BORDER SECURITY RESULTS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, every 180 days thereafter until 
     the Comptroller General of the United States reports on the 
     results of the review described in section 203(k)(2)(B), and 
     annually after the date of such report, the Secretary of 
     Homeland Security shall submit a report to the appropriate 
     congressional committees and the Government Accountability 
     Office that--
       (1) assesses and describes the state of situational 
     awareness and operational control; and
       (2) identifies the high traffic areas and the illegal 
     border crossing effectiveness rate for each sector along the 
     northern and southern borders of the United States that are 
     within the responsibility of the Border Patrol.
       (b) GAO Report.--Not later than 90 days after receiving the 
     initial report required under subsection (a), the Comptroller 
     General of the United States shall submit a report to the 
     appropriate congressional committees regarding the 
     verification of the data and methodology used to determine 
     high traffic areas and the illegal border crossing 
     effectiveness rate.

     SEC. 203. STRATEGY TO ACHIEVE SITUATIONAL AWARENESS AND 
                   OPERATIONAL CONTROL OF THE BORDER.

       (a) Strategy to Secure the Border.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit, to the appropriate 
     congressional committees, a comprehensive strategy for--
       (1) gaining and maintaining situational awareness and 
     operational control of high traffic areas not later than 2 
     years after the date of the submission of the implementation 
     plan required under subsection (c); and
       (2) gaining and maintaining operational control along the 
     Southwest border of the United States not later than 5 years 
     after such date of submission.
       (b) Contents of Strategy.--The strategy required under 
     subsection (a) shall include a consideration of the 
     following:
       (1) An assessment of principal border security threats, 
     including threats relating to the smuggling and trafficking 
     of humans, weapons, and illicit drugs.
       (2) Efforts to analyze and disseminate border security and 
     border threat information between the border security 
     components of the Department of Homeland Security and with 
     other appropriate Federal departments and agencies with 
     missions associated with the border.
       (3) Efforts to increase situational awareness, in 
     accordance with privacy, civil liberties, and civil rights 
     protections, including--
       (A) surveillance capabilities developed or utilized by the 
     Department of Defense, including any technology determined to 
     be excess by the Department of Defense; and
       (B) use of manned aircraft and unmanned aerial systems, 
     including camera and sensor technology deployed on such 
     assets.
       (4) Efforts to detect and prevent terrorists and 
     instruments of terrorism from entering the United States.
       (5) Efforts to ensure that any new border security 
     technology can be operationally integrated with existing 
     technologies in use by the Department of Homeland Security.
       (6) An assessment of existing efforts and technologies used 
     for border security and the effect of such efforts and 
     technologies on civil rights, private property rights, 
     privacy rights, and civil liberties.
       (7) Technology required to maintain, support, and enhance 
     security and facilitate trade at ports of entry, including 
     nonintrusive detection equipment, radiation detection 
     equipment, biometric technology, surveillance systems, and 
     other sensors and technology that the Secretary of Homeland 
     Security determines to be necessary.
       (8) Operational coordination of the border security 
     components of the Department of Homeland Security.
       (9) Lessons learned from Operation Jumpstart and Operation 
     Phalanx.
       (10) Cooperative agreements and information sharing with 
     State, local, tribal, territorial, and other Federal law 
     enforcement agencies that have jurisdiction on the northern 
     or southern borders, or in the maritime environment.
       (11) Border security information received from consultation 
     with--
       (A) State, local, tribal, and Federal law enforcement 
     agencies that have jurisdiction on the northern or southern 
     border, or in the maritime environment; and
       (B) border community stakeholders (including through public 
     meetings with such stakeholders), including representatives 
     from border agricultural and ranching organizations and 
     representatives from business and civic organizations along 
     the northern or southern border.
       (12) Agreements with foreign governments that support the 
     border security efforts of the United States, including 
     coordinated installation of standardized land border 
     inspection technology, such as license plate readers and RFID 
     readers.
       (13) Staffing requirements for all border security 
     functions.
       (14) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (15) An assessment of training programs, including training 
     programs regarding--
       (A) identifying and detecting fraudulent documents;
       (B) protecting the civil, constitutional, human, and 
     privacy rights of individuals;
       (C) understanding the scope of enforcement authorities and 
     the use of force policies;
       (D) screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking; and
       (E) social and cultural sensitivity toward border 
     communities.
       (16) Local crime indices of municipalities and counties 
     along the southern border.
       (17) An assessment of how border security operations affect 
     crossing times.
       (18) Resources and other measures that are necessary to 
     achieve a 50 percent reduction in the average wait times of 
     commercial and passenger vehicles at international land ports 
     of entry along the southern border and the northern border.
       (19) Metrics required under subsections (e), (f), and (g).
       (c) Implementation Plan.--
       (1) In general.--Not later than 90 days after the 
     submission of the strategy required under subsection (a), the 
     Secretary of Homeland Security shall submit, to the 
     appropriate congressional committees and to the Government 
     Accountability Office, an implementation plan for each of the 
     border security components of the Department of Homeland 
     Security to carry out such strategy.
       (2) Contents of plan.--The implementation plan required 
     under paragraph (1) shall--
       (A) specify what protections will be put in place to ensure 
     that staffing and resources necessary for the maintenance of 
     operations at ports of entry are not diverted to the 
     detriment of such operations in favor of operations between 
     ports of entry; and
       (B) include--
       (i) an integrated master schedule and cost estimate, 
     including lifecycle costs, for the activities contained in 
     such implementation plan; and
       (ii) a comprehensive border security technology plan to 
     improve surveillance capabilities that includes--

       (I) a documented justification and rationale for technology 
     choices;
       (II) deployment locations;
       (III) fixed versus mobile assets;
       (IV) a timetable for procurement and deployment;
       (V) estimates of operation and maintenance costs;
       (VI) an identification of any impediments to the deployment 
     of such technologies; and
       (VII) estimates of the relative cost effectiveness of 
     various border security strategies and operations, 
     including--

       (aa) the deployment of personnel and technology; and
       (bb) the construction of new physical and virtual barriers.
       (3) Government accountability office review.--Not later 
     than 90 days after receiving the implementation plan in 
     accordance with paragraph (1), the Comptroller General of the 
     United States shall submit an assessment of such plan to the 
     appropriate congressional committees a report on such plan.
       (d) Periodic Updates.--Not later than 180 days after the 
     submission of each Quadrennial Homeland Security Review 
     required under section 707 of the Homeland Security Act of 
     2002 (6 U.S.C. 347) beginning with the first such Review that 
     is due after the implementation plan is submitted under 
     subsection (c), the Secretary of Homeland Security shall 
     submit, to the appropriate congressional committees, an 
     updated--
       (1) strategy under subsection (a); and
       (2) implementation plan under subsection (c).
       (e) Metrics for Securing the Border Between Ports of 
     Entry.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall implement metrics, informed by situational awareness, 
     to measure the effectiveness of security between ports of 
     entry, including--
       (1) an illegal border crossing effectiveness rate, informed 
     by situational awareness;
       (2) an illicit drugs seizure rate, which measures the 
     amount and type of illicit drugs seized by the Border Patrol 
     in any fiscal year compared to an average of the amount and 
     type of illicit drugs seized by the Border Patrol for the 
     immediately preceding 5 fiscal years;
       (3) a cocaine seizure effectiveness rate, which shall be 
     measured by calculating the percentage of the total 
     documented cocaine flow rate (as contained in Federal drug 
     databases) that is seized by the Border Patrol.
       (4) estimates, using alternative methodologies, including 
     recidivism data, survey data, known-flow data, and 
     technologically-measured data, of--
       (A) total attempted illegal border crossings;
       (B) total deaths and injuries resulting from such attempted 
     illegal border crossings;
       (C) the rate of apprehension of attempted illegal border 
     crossers; and
       (D) the inflow into the United States of illegal border 
     crossers who evade apprehension; and
       (5) estimates of the impact of the Border Patrol's 
     Consequence Delivery System on the rate of recidivism of 
     illegal border crossers.
       (f) Metrics for Securing the Border at Ports of Entry.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall implement metrics, informed by situational awareness, 
     to measure the effectiveness of security at ports of entry, 
     which shall include--

[[Page S4508]]

       (A) an inadmissible border crossing rate, which measures 
     the number of known inadmissible border crossers who are 
     apprehended, excluding those border crossers who voluntarily 
     withdraw their applications for admission, against the total 
     estimated number of inadmissible border crossers U.S. Customs 
     and Border Protection fails to apprehend;
       (B) an illicit drugs seizure rate, which measures the 
     amount and type of illicit drugs seized by U.S. Customs and 
     Border Protection in any fiscal year compared to an average 
     of the amount and type of illicit drugs seized by U.S. 
     Customs and Border Protection for the immediately preceding 5 
     fiscal years;
       (C) a cocaine seizure effectiveness rate, which shall be 
     measured by calculating the percentage of the total 
     documented cocaine flow rate (as contained in Federal drug 
     databases) that is seized by U.S. Customs and Border 
     Protection;
       (D) estimates, using alternative methodologies, including 
     survey data and randomized secondary screening data, of--
       (i) total attempted inadmissible border crossers;
       (ii) the rate of apprehension of attempted inadmissible 
     border crossers; and
       (iii) the inflow into the United States of inadmissible 
     border crossers who evade apprehension;
       (E) the number of infractions related to personnel and 
     cargo committed by major violators who are apprehended by 
     U.S. Customs and Border Protection at ports of entry, and the 
     estimated number of such infractions committed by major 
     violators who are not so apprehended; and
       (F) a measurement of how border security operations affect 
     crossing times.
       (2) Covert testing.--The Inspector General of the 
     Department of Homeland Security shall carry out covert 
     testing at ports of entry and submit to the Secretary of 
     Homeland Security and the appropriate congressional 
     committees a report that contains the results of such 
     testing. The Secretary shall use such results to inform 
     activities under this subsection.
       (g) Metrics for Securing the Maritime Border.--Not later 
     than 120 days after the date of the enactment of this Act, 
     the Secretary of Homeland Security shall implement metrics, 
     informed by situational awareness, to measure the 
     effectiveness of security in the maritime environment, which 
     shall include--
       (1) an estimate of the total number of undocumented 
     migrants the Department of Homeland Security's maritime 
     security components fail to interdict;
       (2) an undocumented migrant interdiction rate, which 
     measures the number of undocumented migrants interdicted 
     against the total estimated number of undocumented migrants 
     the Department of Homeland Security's maritime security 
     components fail to interdict;
       (3) an illicit drugs removal rate, which measures the 
     amount and type of illicit drugs removed by the maritime 
     security components of the Department of Homeland Security 
     inside a transit zone in any fiscal year compared to an 
     average of the amount and type of illicit drugs removed by 
     such components inside a transit zone for the immediately 
     preceding 5 fiscal years;
       (4) an illicit drugs removal rate, which measures the 
     amount of illicit drugs removed by the maritime security 
     components of the Department of Homeland Security outside a 
     transit zone in any fiscal year compared to an average of the 
     amount of illicit drugs removed by such components outside a 
     transit zone for the immediately preceding 5 fiscal years;
       (5) a cocaine removal effectiveness rate inside a transit 
     zone;
       (6) a cocaine removal effectiveness rate outside a transit 
     zone; and
       (7) a response rate which measures the Department of 
     Homeland Security's ability to respond to and resolve known 
     maritime threats, both inside and outside a transit zone, by 
     placing assets on-scene, compared to the total number of 
     events with respect to which the Department has known threat 
     information.
       (h) Collaboration and Consultation.--
       (1) In general.--The Secretary of Homeland Security shall 
     collaborate with the head of a national laboratory within the 
     Department of Homeland Security laboratory network with 
     expertise in border security and the head of a border 
     security university-based center within the Department of 
     Homeland Security centers of excellence network to develop, 
     and ensure the suitability and statistical validity of, the 
     metrics required under subsections (e), (f), and (g).
       (2) Recommendations relating to certain other metrics.--In 
     carrying out paragraph (1), the head of the national 
     laboratory and the head of a border security university-based 
     center shall make recommendations to the Secretary of 
     Homeland Security for other suitable metrics that may be used 
     to measure the effectiveness of border security.
       (3) Consultation.--In addition to the collaboration 
     described in paragraph (1), the Secretary shall also consult 
     with the Governors of every border State and the 
     representatives of the Border Patrol and U.S. Customs and 
     Border Protection regarding the development of the metrics 
     required under subsections (e), (f), and (g).
       (i) Evaluation by the Government Accountability Office.--
       (1) In general.--The Secretary of Homeland Security shall 
     provide the Government Accountability Office with the data 
     and methodology used to develop the metrics implemented under 
     subsections (e), (f), and (g).
       (2) Report.--Not later than 270 days after receiving the 
     data and methodology referred to in paragraph (1), the 
     Comptroller General of the United States shall submit a 
     report to the appropriate congressional committees on the 
     suitability and statistical validity of such data and 
     methodology.
       (j) Certifications and Reports Relating to Operational 
     Control.--
       (1) By the secretary of homeland security.--
       (A) Two years.--If the Secretary of Homeland Security 
     determines that situational awareness and operational control 
     of high traffic areas have been achieved not later than 2 
     years after the date of the submission of the implementation 
     plan required under subsection (c), the Secretary shall 
     submit an attestation of such achievement to the appropriate 
     congressional committees and the Comptroller General of the 
     United States.
       (B) Five years.--If the Secretary of Homeland Security 
     determines that operational control along the southwest 
     border of the United States has been achieved not later than 
     5 years after the date of the submission of the 
     implementation plan required under subsection (c), the 
     Secretary shall submit an attestation of such achievement to 
     the appropriate congressional committees and the Comptroller 
     General of the United States.
       (C) Annual updates.--Every year beginning with the year 
     after the Secretary of Homeland Security submits the 
     attestation under subparagraph (B), if the Secretary 
     determines that operational control along the southwest 
     border of the United States is being maintained, the 
     Secretary shall submit an attestation of such maintenance to 
     the appropriate congressional committees and the Comptroller 
     General of the United States.
       (2) By the comptroller general.--
       (A) Reviews.--The Comptroller General of the United States 
     shall review and assess the attestations of the Secretary of 
     Homeland Security under subparagraphs (A), (B), and (C) of 
     paragraph (1).
       (B) Reports.--Not later than 120 days after conducting the 
     reviews described in subparagraph (A), the Comptroller 
     General of the United States shall submit a report on the 
     results of each such review to the appropriate congressional 
     committees.
       (k) Failure to Achieve Situational Awareness or Operational 
     Control.--If the Secretary of Homeland Security determines 
     that situational awareness, operational control, or both, as 
     the case may be, has not been achieved by the dates referred 
     to in subparagraphs (A) and (B) of subsection (j)(1), as the 
     case may be, or if the Secretary determines that operational 
     control is not being annually maintained pursuant to 
     subparagraph (C) of such subsection, the Secretary shall, not 
     later than 60 days after such dates, submit a report to the 
     appropriate congressional committees that--
       (1) describes why situational awareness or operational 
     control, or both, as the case may be, was not achieved; and
       (2) includes a description of impediments incurred, 
     potential remedies, and recommendations to achieve 
     situational awareness, operational control, or both, as the 
     case may be.
       (l) Government Accountability Office Report on Border 
     Security Duplication and Cost Effectiveness.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit a 
     report to the appropriate congressional committees that 
     addresses--
       (1) areas of overlap in responsibilities within the border 
     security functions of the Department of Homeland Security; 
     and
       (2) the relative cost effectiveness of border security 
     strategies, including deployment of additional personnel and 
     technology, and construction of virtual and physical 
     barriers.
       (m) Reports.--Not later than 60 days after the date of the 
     enactment of this Act and annually thereafter, the Secretary 
     of Homeland Security shall submit a report to the appropriate 
     congressional committees that contains--
       (1) a resource allocation model for current and future year 
     staffing requirements that includes--
       (A) optimal staffing levels at all land, air, and sea ports 
     of entry; and
       (B) an explanation of U.S. Customs and Border Protection 
     methodology for aligning staffing levels and workload to 
     threats and vulnerabilities and their effects on cross border 
     trade and passenger travel across all mission areas;
       (2) detailed information on the level of manpower available 
     at all land, air, and sea ports of entry and between ports of 
     entry, including the number of canine and agricultural 
     specialists assigned to each such port of entry;
       (3) detailed information that describes the difference 
     between the staffing the model suggests and the actual 
     staffing at each port of entry and between the ports of 
     entry; and
       (4) detailed information that examines the security impacts 
     and competitive impacts of entering into a reimbursement 
     agreement with foreign governments for U.S. Customs and 
     Border Protection preclearance facilities.

     SEC. 204. PROHIBITION ON LAND BORDER CROSSING FEE STUDY.

       The Secretary of Homeland Security may not conduct any 
     study relating to the imposition of a border crossing fee for 
     pedestrians

[[Page S4509]]

     or passenger vehicles at land ports of entry along the 
     southern border or the northern border of the United States.

     SEC. 205. BORDER SECURITY RESOURCES.

       (a) Equipment and Technology Enhancements.--Consistent with 
     the Southern Border Security Strategy required under section 
     203, the Secretary of Homeland Security, in consultation with 
     the Commissioner of U.S. Customs and Border Protection, shall 
     upgrade existing technological assets and equipment, and 
     procure and deploy additional technological assets and 
     equipment on the southern border.
       (b) Physical and Tactical Infrastructure Improvements.--
       (1) Construction, upgrade, and acquisition of border 
     control facilities.--Consistent with the Southern Border 
     Security Strategy required under section 203, the Secretary, 
     shall upgrade existing physical and tactical infrastructure 
     of the Department of Homeland Security, and construct and 
     acquire additional physical and tactical infrastructure on 
     the Southern Border, including the following:
       (A) U.S. Border Patrol stations.
       (B) U.S. Border Patrol checkpoints.
       (C) Forward operating bases.
       (D) Monitoring stations.
       (E) Mobile command centers.
       (F) Land border port of entry improvements.
       (G) Other necessary facilities, structures, and properties.
       (c) Customs and Border Protection Personnel Enhancements.--
       (1) Additional officers.--Consistent with the Southern 
     Border Security Strategy required under section 203, the 
     Secretary is authorized to increase the number of trained 
     active-duty U.S. Customs and Border Protection officers 
     deployed on the Southern Border, including--
       (A) officers serving in the Office of the Border Patrol;
       (B) officers serving in the Office of Air and Marine; and
       (C) officers serving in the Office of Field Operations, 
     including officers stationed at land border ports of entry.
       (2) Expedited training and deployment authority.--When 
     exercising authority under this section, the Secretary is 
     authorized--
       (A) to conduct enhanced recruiting operations for U.S. 
     Customs and Border Protection personnel;
       (B) to conduct additional training academies for U.S. 
     Customs and Border Protection personnel; and
       (C) to promulgate regulations allowing for the expedited 
     training of U.S. Customs and Border Protection personnel.
       (d) National Guard Support for Operations.--
       (1) In general.--Amounts authorized to be appropriated 
     under this section may be expended, with the approval of the 
     Secretary of Defense and the Secretary of Homeland Security, 
     for the Governor of a State to order any units or personnel 
     of the National Guard of such State to perform operations and 
     missions under section 502(f) of title 32, United States 
     Code, on the southern border.
       (2) Assignment of operations and missions.--
       (A) In general.--National Guard units and personnel 
     deployed under paragraph (1) may be assigned such operations, 
     including missions specified in paragraph (3), as may be 
     necessary to provide assistance for operations on the 
     southern border.
       (B) Nature of duty.--The duty of National Guard personnel 
     performing operations and missions described in subparagraph 
     (A) shall be full-time duty under title 32, United States 
     Code.
       (3) Range of operations and missions.--The operations and 
     missions assigned under paragraph (2) shall include the 
     temporary authority--
       (A) to provide assistance for law enforcement, including 
     the interdiction of human trafficking, illicit drugs, and 
     contraband crossing the border;
       (B) to assist in the provision of humanitarian relief;
       (C) to increase ground-based mobile surveillance systems;
       (D) to deploy additional unmanned aerial systems and manned 
     aircraft sufficient to maintain continuous surveillance of 
     the southern border;
       (E) to deploy and provide capability for radio 
     communications interoperability between U.S. Customs and 
     Border Protection and State, local, and tribal law 
     enforcement agencies;
       (F) to construct checkpoints along the southern border to 
     bridge the gap to long-term permanent checkpoints;
       (G) to provide assistance to U.S. Customs and Border 
     Protection, particularly in rural, high-trafficked areas, as 
     designated by the Commissioner of U.S. Customs and Border 
     Protection;
       (H) to enhance law enforcement rotary wing operations 
     supporting quick reaction forces, medical air evacuations, 
     and incident awareness and assessment operations; and
       (I) to provide equipment and training to law enforcement 
     agencies.
       (4) Materiel and logistical support.--The Secretary of 
     Defense shall deploy such materiel and equipment and 
     logistical support as may be necessary to ensure success of 
     the operations and missions conducted by the National Guard 
     under this subsection.
       (5) Exclusion from national guard personnel strength 
     limitations.--National Guard personnel deployed under 
     paragraph (1) shall not be included in--
       (A) the calculation to determine compliance with limits on 
     end strength for National Guard personnel; or
       (B) limits on the number of National Guard personnel that 
     may be placed on active duty for operational support under 
     section 115 of title 10, United States Code.
       (6) Funding.--There are authorized to be appropriated for 
     fiscal years 2014 and 2015 such sums as may be necessary to 
     carry out this subsection.
       (e) State and Local Assistance.--
       (1) In general.--The Federal Emergency Management Agency 
     shall enhance law enforcement preparedness, humanitarian 
     responses, and operational readiness along the Southern 
     border through Operation Stonegarden.
       (2) Grants and reimbursements.--
       (A) In general.--For purposes of paragraph (1), amounts 
     made available under this section shall be allocated for 
     grants and reimbursements to State and local governments in 
     Border Patrol Sectors on the southern border for personnel, 
     overtime, travel, costs related to combating illegal 
     immigration and drug smuggling, and costs related to 
     providing humanitarian relief to unaccompanied alien children 
     who have entered the United States.
       (B) Funding for state and local governments.--Allocations 
     for grants and reimbursements to State and local governments 
     under this paragraph shall be made by the Federal Emergency 
     Management Agency through a competitive process.
       (3) Funding.--There are authorized to be appropriated for 
     fiscal years 2014 and 2015 such sums as may be necessary to 
     carry out this subsection.

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