[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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