I 

113TH CONGRESS 

2D SESSION H. R. 4962 

To provide for enhanced border security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2014 

Mr. FRANKS of Arizona (for himself, Mr. SCHWEIKERT, Mr. GOSAR, Mr. 

FINCHER, Mr. STOCKMAN, Mr. LAMALFA, Mr. CRENSHAW, Mr. WEBER

of Texas, Mr. POE of Texas, Mr. SAM JOHNSON of Texas, Mr. NEUGEBAUER, Mr. MCCLINTOCK, Mr. DESANTIS, Mr. POSEY, Mr. YOHO, Mrs. 

BACHMANN, and Mr. MILLER of Florida) introduced the following bill; 

which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for enhanced border security, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Border and 

5 Homeland Security Act’’. 


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1 SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE 

2 CRIMINAL ALIEN ASSISTANCE PROGRAM. 

3 Section 241(i) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(i)) is amended by adding at the end 

5 the following: 

6 ‘‘(7) In distributing amounts under this sub7 section to a State or political subdivision of a State, 

8 including a municipality, for a fiscal year, the Attor9 ney General shall prioritize compensating— 

10 ‘‘(A) States that are on the northern or 

11 southern border; or 

12 ‘‘(B) political subdivisions of States, in13 cluding municipalities, that, in the determina14 tion of the Attorney General, have one of the 

15 four largest populations of aliens unlawfully 

16 present in the United States for the preceding 

17 fiscal year.’’. 

18 SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF 

19 THE SOUTHWEST BORDER. 

20 (a) FENCING.—Section 102(b)(1) of the Illegal Immi21 gration Reform and Immigrant Responsibility Act of 1996 

22 (8 U.S.C. 1103 note) is amended— 

23 (1) in subparagraph (A), by inserting ‘‘, not 

24 later than December 31, 2015,’’ before ‘‘construct’’; 

25 and 

26 (2) in subparagraph (B)— 


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1 (A) in clause (i), by striking ‘‘370 miles, or 

2 other mileage determined by the Secretary, 

3 whose authority to determine other mileage 

4 shall expire on December 31, 2008,’’ and in5 serting ‘‘areas’’; and 

6 (B) in clause (ii), by striking ‘‘2008’’ and 

7 inserting ‘‘2015’’. 

8 (b) OPERATIONAL CONTROL.—Subsection (a) of sec9 tion 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note; 

10 Public Law 109–367) is amended, in the matter preceding 

11 paragraph (1)— 

12 (1) by striking ‘‘18 months after the date of the 

13 enactment of this Act,’’ and inserting ‘‘December 

14 31, 2015,’’; and 

15 (2) by inserting ‘‘, in consultation with State 

16 and local officials along the international border be17 tween the United States and Mexico, including bor18 der State governors, mayors of border towns and cit19 ies, and border sheriffs,’’ before ‘‘shall’’. 

20 SEC. 4. BORDER PATROL AGENTS. 

21 The Secretary of Homeland Security shall increase 

22 the number of positions for full-time, active-duty Border 

23 Patrol agents over the number of such agents for the pre24 ceding fiscal year as follows: 


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1 (1) Three thousand such agents for fiscal year 

2 2015 (with 2,500 such agents deployed to the south3 ern border and 500 such agents deployed to the 

4 northern border). 

5 (2) One thousand such agents for fiscal year 

6 2016 (with 800 such agents deployed to the south7 ern border and 200 such agents deployed to the 

8 northern border). 

9 (3) One thousand such agents for fiscal year 

10 2017 (with 800 such agents deployed to the south11 ern border and 200 such agents deployed to the 

12 northern border). 

13 (4) One thousand such agents for fiscal year 

14 2018 (with 800 such agents deployed to the south15 ern border and 200 such agents deployed to the 

16 northern border). 

17 SEC. 5. CUSTOMS AND BORDER PROTECTION. 

18 For each of fiscal years 2015, 2016, 2017, and 2018, 

19 the Secretary of Homeland Security shall increase by not 

20 fewer than 200 the number of United States Customs and 

21 Border Protection officers at United States ports of entry 

22 over the number of such officers at such ports for the pre23 ceding fiscal year. 


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1 SEC. 6. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

2 (a) IN GENERAL.—Not later than 18 months after 

3 the date of enactment of this Act, the Secretary of Home4 land Security shall establish the biometric entry and exit 

5 data system required by section 7208 of the Intelligence 

6 Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 

7 1365b), notwithstanding any other dates specified in such 

8 section. 

9 (b) REQUIREMENTS.—In addition to the features re10 quired by the biometric entry and exit data system in ac11 cordance with section 7208 of the Intelligence Reform and 

12 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), the 

13 Secretary of Homeland Security shall ensure that such 

14 system is established and in operation at each port of 

15 entry in the United States. 

16 SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 

17 OF THE SECRETARY OF HOMELAND SECU18 RITY RELATED TO BORDER SECURITY. 

19 On public lands of the United States, neither the Sec20 retary of the Interior nor the Secretary of Agriculture may 

21 impede, prohibit, or restrict activities of the Secretary of 

22 Homeland Security to achieve operational control (as de23 fined in section 2(b) of the Secure Fence Act of 2006 (8 

24 U.S.C. 1701 note; Public Law 109–367). 


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1 SEC. 8. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 

2 Section 1902(a) of the Homeland Security Act of 

3 2002 (6 U.S.C. 592(a)) is amended— 

4 (1) in paragraph (1), by inserting before the 

5 semicolon at the end the following: ‘‘, particularly 

6 with respect to potential smuggling routes in land 

7 border areas between ports of entry, railcars enter8 ing the United States from Canada or Mexico, and 

9 private aircraft or small vessels’’; 

10 (2) by redesignating paragraphs (13) and (14) 

11 as paragraphs (14) and (15), respectively; 

12 (3) by inserting after paragraph (12) the fol13 lowing new paragraph: 

14 ‘‘(13) develop objectives to be accomplished to 

15 carry out this subsection, identify roles and respon16 sibilities for meeting such objectives, ensure that the 

17 funding necessary to achieve such objectives is avail18 able, and employ monitoring mechanisms to deter19 mine progress toward achieving such objectives;’’; 

20 and 

21 (4) in paragraph (14), as so redesignated, by 

22 striking ‘‘paragraphs (10), (11), and (12)’’ and in23 serting ‘‘this subsection’’. 


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1 SEC. 9. PORTABLE RADIATION DETECTORS AND RADIO2 ACTIVE ISOTOPE IDENTIFICATION DEVICES. 

3 Not later than one year after the date of enactment 

4 of this Act, the Secretary of Homeland Security shall de5 termine the number of next generation portable radiation 

6 detectors (PRD) and radioactive isotope identification de7 vices (RIID) required by Border Patrol agents patrolling 

8 the southern and northern borders of the United States 

9 and procure such detectors and devices. 

10 SEC. 10. STRATEGIC PLAN TO DETECT AND INTERDICT BIO11 LOGICAL AND CHEMICAL WEAPONS. 

12 (a) IN GENERAL.— 

13 (1) DEVELOPMENT.—Not later than one year 

14 after the date of enactment of this Act, the Sec15 retary of Homeland Security shall develop a stra16 tegic plan (in this section referred to as the ‘‘Plan’’) 

17 to detect and interdict biological and chemical weap18 ons entering the United States. 

19 (2) IMPLEMENTATION.—The Secretary of 

20 Homeland Security shall complete implementation of 

21 the Plan not later than two years after the develop22 ment of the Plan under paragraph (1). 

23 (b) REPORTS TO CONGRESS.— 

24 (1) INITIAL REPORT.—Not later than one year 

25 after the date of the enactment of this Act, the SecVerDate Mar 15 2010 03:11 Jul 01, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4962.IH H4962

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1 retary of Homeland Security shall submit to Con2 gress a report that describes the Plan. 

3 (2) ANNUAL REPORT.—Not later than two 

4 years after the submission of the initial report under 

5 paragraph (1) and annually thereafter, the Secretary 

6 of Homeland Security shall submit reports to Con7 gress on the implementation of the Plan. 

Æ 


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