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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5114 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5114

 To facilitate the expedited processing of minors entering the United 
       States across the southern border and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2014

 Mr. Cuellar (for himself, Mr. Barber, and Mr. Farenthold) introduced 
    the following bill; which was referred to the Committee on the 
   Judiciary, and in addition to the Committees on Foreign Affairs, 
Homeland Security, Armed Services, and Ways and Means, 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 facilitate the expedited processing of minors entering the United 
       States across the southern border and for other purposes.

    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;'';
                    (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 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)) 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;
                    ``(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 
        amended 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.C. 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.

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--
                    (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 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.
                                 <all>
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