I 

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. 

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 ‘‘Helping Unaccom5 panied Minors and Alleviating National Emergency Act’’ 

6 or the ‘‘HUMANE Act’’. 


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1 TITLE I—PROTECTING 

2 CHILDREN 

3 SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL4 DREN. 

5 Section 235(a) of the William Wilberforce Trafficking 

6 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

7 1232(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by amending the paragraph heading to 

10 read as follows: ‘‘RULES FOR UNACCOMPANIED

11 ALIEN CHILDREN’’; 

12 (B) in subparagraph (A), in the matter 

13 preceding clause (i), by striking ‘‘who is a na14 tional or habitual resident of a country that is 

15 contiguous with the United States’’; and 

16 (C) in subparagraph (C)— 

17 (i) by amending the subparagraph 

18 heading to read as follows: ‘‘AGREEMENTS

19 WITH FOREIGN COUNTRIES’’; and 

20 (ii) in the matter preceding clause (i), 

21 by striking ‘‘countries contiguous to the 

22 United States’’ and inserting ‘‘Canada, El 

23 Salvador, Guatemala, Honduras, Mexico, 

24 and any other foreign country that the 

25 Secretary determines appropriate’’; and 


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1 (2) in paragraph (5)(D)— 

2 (A) in the subparagraph heading, by strik3 ing ‘‘PLACEMENT IN REMOVAL PROCEEDINGS’’ 

4 and inserting ‘‘EXPEDITED DUE PROCESS AND

5 SCREENING FOR UNACCOMPANIED ALIEN CHIL6 DREN’’; 

7 (B) in the matter preceding clause (i), by 

8 striking ‘‘, except for an unaccompanied alien 

9 child from a contiguous country subject to the 

10 exceptions under subsection (a)(2), shall be—’’ 

11 and inserting ‘‘who does not meet the criteria 

12 listed in paragraph (2)(A)—’’; 

13 (C) by striking clause (i) and inserting the 

14 following: 

15 ‘‘(i) shall be placed in a proceeding in 

16 accordance with section 235B of the Immi17 gration and Nationality Act, which shall 

18 commence not later than 7 days after the 

19 screening of an unaccompanied alien child 

20 described in paragraph (4);’’; 

21 (D) by redesignating clauses (ii) and (iii) 

22 as clauses (iii) and (iv), respectively; 

23 (E) by inserting after clause (i) the fol24 lowing: 


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1 ‘‘(ii) may not be placed in the custody 

2 of a nongovernmental sponsor or otherwise 

3 released from the custody of the United 

4 States Government until the child is repa5 triated unless the child is the subject of an 

6 order under section 235B(e)(1) of the Im7 migration and Nationality Act;’’; 

8 (F) in clause (iii), as redesignated, by in9 serting ‘‘is’’ before ‘‘eligible’’; and 

10 (G) in clause (iv), as redesignated, by in11 serting ‘‘shall be’’ before ‘‘provided’’. 

12 SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF 

13 UNACCOMPANIED ALIEN CHILDREN . 

14 (a) AMENDMENTS TO IMMIGRATION AND NATION15 ALITY ACT.— 

16 (1) IN GENERAL.—Chapter 4 of the Immigra17 tion and Nationality Act is amended by inserting 

18 after section 235A the following: 

19 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 

20 SCREENING FOR UNACCOMPANIED ALIEN 

21 CHILDREN. 

22 ‘‘(a) DEFINED TERM.—In this section, the term ‘asy23 lum officer’ means an immigration officer who— 

24 ‘‘(1) has had professional training in country 

25 conditions, asylum law, and interview techniques 


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1 comparable to that provided to full-time adjudicators 

2 of applications under section 208, and 

3 ‘‘(2) is supervised by an officer who— 

4 ‘‘(A) meets the condition described in 

5 paragraph (1); and 

6 ‘‘(B) has had substantial experience adju7 dicating asylum applications. 

8 ‘‘(b) PROCEEDING.— 

9 ‘‘(1) IN GENERAL.—Not later than 7 days after 

10 the screening of an unaccompanied alien child under 

11 section 235(a)(4) of the William Wilberforce Traf12 ficking Victims Protection Reauthorization Act of 

13 2008 (8 U.S.C. 1232(a)(4)), an immigration judge 

14 shall conduct a proceeding to inspect, screen, and 

15 determine the status of an unaccompanied alien 

16 child who is an applicant for admission to the 

17 United States. 

18 ‘‘(2) TIME LIMIT.—Not later than 72 hours 

19 after the conclusion of a proceeding with respect to 

20 an unaccompanied alien child under this section, the 

21 immigration judge who conducted such proceeding 

22 shall issue an order pursuant to subsection (e). 

23 ‘‘(c) CONDUCT OF PROCEEDING.— 


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1 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 

2 The immigration judge conducting a proceeding 

3 under this section— 

4 ‘‘(A) shall administer oaths, receive evi5 dence, and interrogate, examine, and cross-ex6 amine the alien and any witnesses; 

7 ‘‘(B) may issue subpoenas for the attend8 ance of witnesses and presentation of evidence; 

9 and 

10 ‘‘(C) is authorized to sanction by civil 

11 money penalty any action (or inaction) in con12 tempt of the judge’s proper exercise of author13 ity under this Act. 

14 ‘‘(2) FORM OF PROCEEDING.—A proceeding 

15 under this section may take place— 

16 ‘‘(A) in person; 

17 ‘‘(B) at a location agreed to by the parties, 

18 in the absence of the alien; 

19 ‘‘(C) through video conference; or 

20 ‘‘(D) through telephone conference. 

21 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti22 cable by reason of an alien’s mental incompetency 

23 for the alien to be present at the proceeding, the At24 torney General shall prescribe safeguards to protect 

25 the rights and privileges of the alien. 


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1 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 

2 under this section— 

3 ‘‘(A) the alien shall be given the privilege 

4 of being represented, at no expense to the Gov5 ernment, by counsel of the alien’s choosing who 

6 is authorized to practice in such proceedings; 

7 ‘‘(B) the alien shall be given a reasonable 

8 opportunity— 

9 ‘‘(i) to examine the evidence against 

10 the alien; 

11 ‘‘(ii) to present evidence on the alien’s 

12 own behalf; and 

13 ‘‘(iii) to cross-examine witnesses pre14 sented by the Government; 

15 ‘‘(C) the rights set forth in subparagraph 

16 (B) shall not entitle the alien— 

17 ‘‘(i) to examine such national security 

18 information as the Government may prof19 fer in opposition to the alien’s admission to 

20 the United States; or 

21 ‘‘(ii) to an application by the alien for 

22 discretionary relief under this Act; and 

23 ‘‘(D) a complete record shall be kept of all 

24 testimony and evidence produced at the pro25 ceeding. 


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1 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD2 MISSION.—In the discretion of the Attorney General, 

3 an alien applying for admission to the United States 

4 may, and at any time, be permitted to withdraw 

5 such application and immediately be returned to the 

6 alien’s country of nationality or country of last ha7 bitual residence. 

8 ‘‘(d) DECISION AND BURDEN OF PROOF.— 

9 ‘‘(1) DECISION.— 

10 ‘‘(A) IN GENERAL.—At the conclusion of a 

11 proceeding under this section, the immigration 

12 judge shall determine whether an unaccom13 panied alien child is likely to be— 

14 ‘‘(i) admissible to the United States; 

15 or 

16 ‘‘(ii) eligible for any form of relief 

17 from removal under this Act. 

18 ‘‘(B) EVIDENCE.—The determination of 

19 the immigration judge under subparagraph (A) 

20 shall be based only on the evidence produced at 

21 the hearing. 

22 ‘‘(2) BURDEN OF PROOF.— 

23 ‘‘(A) IN GENERAL.—In a proceeding under 

24 this section, an alien who is an applicant for 


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1 admission has the burden of establishing, by a 

2 preponderance of the evidence, that the alien— 

3 ‘‘(i) is likely to be entitled to be law4 fully admitted to the United States or eli5 gible for any form of relief from removal 

6 under this Act; or 

7 ‘‘(ii) is lawfully present in the United 

8 States pursuant to a prior admission. 

9 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 

10 the burden of proof under subparagraph (A)(ii), 

11 the alien shall be given access to— 

12 ‘‘(i) the alien’s visa or other entry 

13 document, if any; and 

14 ‘‘(ii) any other records and docu15 ments, not considered by the Attorney 

16 General to be confidential, pertaining to 

17 the alien’s admission or presence in the 

18 United States. 

19 ‘‘(e) ORDERS.— 

20 ‘‘(1) PLACEMENT IN FURTHER PRO21 CEEDINGS.—If an immigration judge determines 

22 that the unaccompanied alien child has met the bur23 den of proof under subsection (d)(2), the judge shall 

24 order the alien to be placed in further proceedings 

25 in accordance with section 240. 


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1 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 

2 judge determines that the unaccompanied alien child 

3 has not met the burden of proof required under sub4 section (d)(2), the judge shall order the alien re5 moved from the United States without further hear6 ing or review unless the alien claims— 

7 ‘‘(A) an intention to apply for asylum 

8 under section 208; or 

9 ‘‘(B) a fear of persecution. 

10 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom11 panied alien child described in paragraph (2) claims 

12 an intention to apply for asylum under section 208 

13 or a fear of persecution, the officer shall order the 

14 alien referred for an interview by an asylum officer 

15 under subsection (f). 

16 ‘‘(f) ASYLUM INTERVIEWS.— 

17 ‘‘(1) DEFINED TERM.—In this subsection, the 

18 term ‘credible fear of persecution’ means, after tak19 ing into account the credibility of the statements 

20 made by the alien in support of the alien’s claim and 

21 such other facts as are known to the officer, there 

22 is a significant possibility that the alien could estab23 lish eligibility for asylum under section 208. 


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1 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy2 lum officer shall conduct interviews of aliens referred 

3 under subsection (e)(3). 

4 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 

5 officer determines at the time of the interview that 

6 an alien has a credible fear of persecution, the alien 

7 shall be held in the custody of the Secretary of 

8 Health and Human Services pursuant to section 

9 235(b) of the William Wilberforce Trafficking Vic10 tims Protection Reauthorization Act of 2008 (8 

11 U.S.C. 1232(b)) during further consideration of the 

12 application for asylum. 

13 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

14 NO CREDIBLE FEAR OF PERSECUTION.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (C), if the asylum officer determines that 

17 an alien does not have a credible fear of perse18 cution, the officer shall order the alien removed 

19 from the United States without further hearing 

20 or review. 

21 ‘‘(B) RECORD OF DETERMINATION.—The 

22 officer shall prepare a written record of a deter23 mination under subparagraph (A), which shall 

24 include— 


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1 ‘‘(i) a summary of the material facts 

2 as stated by the applicant; 

3 ‘‘(ii) such additional facts (if any) re4 lied upon by the officer; 

5 ‘‘(iii) the officer’s analysis of why, in 

6 light of such facts, the alien has not estab7 lished a credible fear of persecution; and 

8 ‘‘(iv) a copy of the officer’s interview 

9 notes. 

10 ‘‘(C) REVIEW OF DETERMINATION.— 

11 ‘‘(i) RULEMAKING.—The Attorney 

12 General shall establish, by regulation, a 

13 process by which an immigration judge will 

14 conduct a prompt review, upon the alien’s 

15 request, of a determination under subpara16 graph (A) that the alien does not have a 

17 credible fear of persecution. 

18 ‘‘(ii) MANDATORY COMPONENTS.— 

19 The review described in clause (i)— 

20 ‘‘(I) shall include an opportunity 

21 for the alien to be heard and ques22 tioned by the immigration judge, ei23 ther in person or by telephonic or 

24 video connection; and 

25 ‘‘(II) shall be conducted— 


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1 ‘‘(aa) as expeditiously as 

2 possible; 

3 ‘‘(bb) within the 24-hour pe4 riod beginning at the time the 

5 asylum officer makes a deter6 mination under subparagraph 

7 (A), to the maximum extent 

8 practicable; and 

9 ‘‘(cc) in no case later than 7 

10 days after such determination. 

11 ‘‘(D) MANDATORY PROTECTIVE CUS12 TODY.—Any alien subject to the procedures 

13 under this paragraph shall be held in the cus14 tody of the Secretary of Health and Human 

15 Services pursuant to Section 235(b) of the Wil16 liam Wilberforce Trafficking Victims Protection 

17 Reauthorization Act of 2008 (8 U.S.C. 

18 1232(b))— 

19 ‘‘(i) pending a final determination of 

20 credible fear of persecution; and 

21 ‘‘(ii) after a determination that the 

22 alien does not such a fear, until the alien 

23 is removed. 

24 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (f)(4)(C) and paragraph (2), a removal order 

3 entered in accordance with subsection (e)(2) or 

4 (f)(4)(A) is not subject to administrative appeal. 

5 ‘‘(2) RULEMAKING.—The Attorney General 

6 shall establish, by regulation, a process for the 

7 prompt review of an order under subsection (e)(2) 

8 against an alien who claims under oath, or as per9 mitted under penalty of perjury under section 1746 

10 of title 28, United States Code, after having been 

11 warned of the penal ties for falsely making such 

12 claim under such conditions to have been— 

13 ‘‘(A) lawfully admitted for permanent resi14 dence; 

15 ‘‘(B) admitted as a refugee under section 

16 207; or 

17 ‘‘(C) granted asylum under section 208.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents for the Immigration and Nationality Act (8 

20 U.S.C. 1101 et seq.) is amended by inserting after 

21 the item relating to section 235A the following: 

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 

22 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 

23 Section 242 of the Immigration and Nationality Act (8 

24 U.S.C. 1252) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by inserting ‘‘, or an 

3 order of removal issued to an unaccompanied 

4 alien child after proceedings under section 

5 235B’’ after ‘‘section 235(b)(1)’’; and 

6 (B) in paragraph (2)— 

7 (i) by inserting ‘‘or section 235B’’ 

8 after ‘‘section 235(b)(1)’’ each place it ap9 pears; and 

10 (ii) in subparagraph (A)— 

11 (I) in the subparagraph heading, 

12 by inserting ‘‘OR 235B’’ after ‘‘SEC13 TION 235(b)(1)’’; and 

14 (II) in clause (iii), by striking 

15 ‘‘section 235(b)(1)(B),’’ and inserting 

16 ‘‘section 235(b)(1)(B) or 235B(f);’’; 

17 and 

18 (2) in subsection (e)— 

19 (A) in the subsection heading, by inserting 

20 ‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 

21 (B) by inserting ‘‘or section 235B’’ after 

22 ‘‘section 235(b)(1)’’ in each place it appears; 

23 (C) in subparagraph (2)(C), by inserting 

24 ‘‘or section 235B(g)’’ after ‘‘section 

25 235(b)(1)(C)’’; and 


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1 (D) in subparagraph (3)(A), by inserting 

2 ‘‘or section 235B’’ after ‘‘section 235(b)’’. 

3 SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOM4 PANIED ALIEN CHILDREN PRESENT IN THE 

5 UNITED STATES. 

6 (a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN

7 CHILDREN.— 

8 (1) FILING AUTHORIZED.—Beginning on the 

9 date that is 60 days after the date of the enactment 

10 of this Act, the Secretary of Homeland Security, 

11 notwithstanding any other provision of law, may, at 

12 the sole and unreviewable discretion of the Sec13 retary, permit an unaccompanied alien child who 

14 was issued a Notice to Appear under section 239 of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1229) during the period beginning on January 1, 

17 2013, and ending on the date of the enactment of 

18 this Act— 

19 (A) to appear, in-person, before an immi20 gration judge who has been authorized by the 

21 Attorney General to conduct proceedings under 

22 section 235B of the Immigration and Nation23 ality Act, as added by section 102; 

24 (B) to attest to their desire to apply for 

25 admission to the United States; and 


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1 (C) to file a motion— 

2 (i) to expunge— 

3 (I) any final order of removal 

4 issued against them between January 

5 1, 2013, and the date of the enact6 ment of this Act under section 240 of 

7 the Immigration and Nationality Act 

8 (8 U.S.C. 1229a); or 

9 (II) any Notice to Appear issued 

10 between January 1, 2013, and the 

11 date of the enactment of this Act 

12 under section 239 of the Immigration 

13 and Nationality Act (8 U.S.C. 1229); 

14 and 

15 (ii) to apply for admission to the 

16 United States by being placed in pro17 ceedings under section 235B of the Immi18 gration and Nationality Act. 

19 (2) MOTION GRANTED.—An immigration judge 

20 may, at the sole and unreviewable discretion of the 

21 judge, grant a motion filed under paragraph (1)(C) 

22 upon a finding that— 

23 (A) the petitioner was an unaccompanied 

24 alien child (as defined in section 235 of the Wil25 liam Wilberforce Trafficking Victims Protection 


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1 Act of 2008 (8 U.S.C. 1232)) on the date on 

2 which a Notice to Appear described in para3 graph (1) was issued to the alien; 

4 (B) the Notice to Appear was issued dur5 ing the period beginning on January 1, 2013, 

6 and ending on the date of the enactment of this 

7 Act; 

8 (C) the unaccompanied alien child is apply9 ing for admission to the United States; and 

10 (D) the granting of such motion would not 

11 be manifestly unjust. 

12 (3) EFFECT OF MOTION.—Notwithstanding any 

13 other provision of law, upon the granting of a mo14 tion to expunge under paragraph (2)— 

15 (A) the Secretary of Homeland Security 

16 shall immediately expunge any final order of re17 moval resulting from a proceeding initiated by 

18 any Notice to Appear described in paragraph 

19 (1), and such Notice to Appear; and 

20 (B) the immigration judge who granted 

21 such motion shall, while the petitioner remains 

22 in-person, immediately inspect and screen the 

23 petitioner for admission to the United States by 

24 conducting a proceeding under section 235B of 

25 the Immigration and Nationality Act. 


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1 (4) PROTECTIVE CUSTODY.—An unaccompanied 

2 alien child who has been granted a motion under 

3 paragraph (2) shall be held in the custody of the 

4 Secretary of Health and Human Services pursuant 

5 to section 235 of the William Wilberforce Traf6 ficking Victims Protection Reauthorization Act of 

7 2008 (8 U.S.C. 1232). 

8 SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

9 (a) DESIGNATION.—Not later than 14 days after the 

10 date of the enactment of this Act, the Attorney General 

11 shall designate up to 40 immigration judges, including 

12 through the hiring of retired immigration judges or mag13 istrate judges, or the reassignment of current immigration 

14 judges, that are dedicated to conducting humane and ex15 pedited inspection and screening for unaccompanied alien 

16 children under section 235B of the Immigration and Na17 tionality Act, as added by section 102. 

18 (b) REQUIREMENT.—The Attorney General shall en19 sure that sufficient immigration judge resources are dedi20 cated to the purpose described in subsection (a) to comply 

21 with the requirement under section 235B(b)(1) of the Im22 migration and Nationality Act. 


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1 SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAF2 FICKERS, SEX OFFENDERS, AND OTHER 

3 CRIMINALS. 

4 Section 235(c)(3) of the William Wilberforce Traf5 ficking Victims Protection Reauthorization Act of 2008 (8 

6 U.S.C. 1232(c)(3)) is amended— 

7 (1) in subparagraph (A), by inserting ‘‘, includ8 ing a mandatory biometric criminal history check’’ 

9 before the period at the end; and 

10 (2) by adding at the end the following— 

11 ‘‘(D) PROHIBITION ON PLACEMENT WITH

12 SEX OFFENDERS AND HUMAN TRAFFICKERS.— 

13 ‘‘(i) IN GENERAL.—The Secretary of 

14 Health and Human Services may not place 

15 an unaccompanied alien child in the cus16 tody of an individual who has been con17 victed of— 

18 ‘‘(I) a sex offense (as defined in 

19 section 111 of the Sex Offender Reg20 istration and Notification Act (42 

21 U.S.C. 16911)); or 

22 ‘‘(II) a crime involving a severe 

23 form of trafficking in persons (as de24 fined in section 103 of the Trafficking 

25 Victims Protection Act of 2000 (22 

26 U.S.C. 7102)). 


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1 ‘‘(ii) REQUIREMENTS OF CRIMINAL

2 BACKGROUND CHECK.—A biometric crimi3 nal history check under subparagraph (A) 

4 shall be based on a set of fingerprints or 

5 other biometric identifiers and conducted 

6 through— 

7 ‘‘(I) the Identification Division of 

8 the Federal Bureau of Investigation; 

9 and 

10 ‘‘(II) criminal history repositories 

11 of all States that the individual lists 

12 as current or former residences.’’. 

13 TITLE II—BORDER SECURITY 

14 AND TRADE FACILITATION 

15 SEC. 201. DEFINITIONS. 

16 In this title: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; and 

22 (B) the Committee on Homeland Security 

23 of the House of Representatives. 

24 (2) COCAINE REMOVAL EFFECTIVENESS

25 RATE.—The term ‘‘cocaine removal effectiveness 


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1 rate’’ means the percentage that results from divid2 ing the amount of cocaine removed by the Depart3 ment of Homeland Security’s maritime security com4 ponents inside or outside a transit zone, as the case 

5 may be, by the total documented cocaine flow rate 

6 as contained in Federal drug databases. 

7 (3) CONSEQUENCE DELIVERY SYSTEM.—The 

8 term ‘‘Consequence Delivery System’’ means the se9 ries of consequences applied to persons illegally en10 tering the United States by the Border Patrol to 

11 prevent illegal border crossing recidivism. 

12 (4) GOT AWAY.—The term ‘‘got away’’ means 

13 an illegal border crosser who, after making an illegal 

14 entry into the United States, is not turned back or 

15 apprehended. 

16 (5) HIGH TRAFFIC AREAS.—The term ‘‘high 

17 traffic areas’’ means sectors along the northern and 

18 southern borders of the United States that are with19 in the responsibility of the Border Patrol that have 

20 the most illicit cross-border activity, informed 

21 through situational awareness. 

22 (6) ILLEGAL BORDER CROSSING EFFECTIVE23 NESS RATE.—The term ‘‘illegal border crossing ef24 fectiveness rate’’ means the percentage that results 

25 from dividing the number of apprehensions and turn 


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1 backs by the number of apprehensions, turn backs, 

2 and got aways. The data used by the Secretary of 

3 Homeland Security to determine such rate shall be 

4 collected and reported in a consistent and standard5 ized manner across all Border Patrol sectors. 

6 (7) MAJOR VIOLATOR.—The term ‘‘major viola7 tor’’ means a person or entity that has engaged in 

8 serious criminal activities at any land, air, or sea 

9 port of entry, including possession of illicit drugs, 

10 smuggling of prohibited products, human smuggling, 

11 weapons possession, use of fraudulent United States 

12 documents, or other offenses serious enough to re13 sult in arrest. 

14 (8) OPERATIONAL CONTROL.—The term ‘‘oper15 ational control’’ means a condition in which there is 

16 a not lower than 90 percent illegal border crossing 

17 effectiveness rate, informed by situational awareness, 

18 and a significant reduction in the movement of illicit 

19 drugs and other contraband through such areas is 

20 being achieved. 

21 (9) SITUATIONAL AWARENESS.—The term ‘‘sit22 uational awareness’’ means knowledge and an under23 standing of current illicit cross-border activity, in24 cluding cross-border threats and trends concerning 

25 illicit trafficking and unlawful crossings along the 


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1 international borders of the United States and in the 

2 maritime environment, and the ability to forecast fu3 ture shifts in such threats and trends. 

4 (10) TRANSIT ZONE.—The term ‘‘transit zone’’ 

5 means the sea corridors of the western Atlantic 

6 Ocean, the Gulf of Mexico, the Caribbean Sea, and 

7 the eastern Pacific Ocean through which undocu8 mented migrants and illicit drugs transit, either di9 rectly or indirectly, to the United States. 

10 (11) TURN BACK.—The term ‘‘turn back’’ 

11 means an illegal border crosser who, after making 

12 an illegal entry into the United States, returns to 

13 the country from which such crosser entered. 

14 SEC. 202. BORDER SECURITY RESULTS. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act, every 180 days there17 after until the Comptroller General of the United States 

18 reports on the results of the review described in section 

19 203(k)(2)(B), and annually after the date of such report, 

20 the Secretary of Homeland Security shall submit a report 

21 to the appropriate congressional committees and the Gov22 ernment Accountability Office that— 

23 (1) assesses and describes the state of situa24 tional awareness and operational control; and 


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1 (2) identifies the high traffic areas and the ille2 gal border crossing effectiveness rate for each sector 

3 along the northern and southern borders of the 

4 United States that are within the responsibility of 

5 the Border Patrol. 

6 (b) GAO REPORT.—Not later than 90 days after re7 ceiving the initial report required under subsection (a), the 

8 Comptroller General of the United States shall submit a 

9 report to the appropriate congressional committees re10 garding the verification of the data and methodology used 

11 to determine high traffic areas and the illegal border 

12 crossing effectiveness rate. 

13 SEC. 203. STRATEGY TO ACHIEVE SITUATIONAL AWARE14 NESS AND OPERATIONAL CONTROL OF THE 

15 BORDER. 

16 (a) STRATEGY TO SECURE THE BORDER.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 the Secretary of Homeland Security shall submit, to the 

19 appropriate congressional committees, a comprehensive 

20 strategy for— 

21 (1) gaining and maintaining situational aware22 ness and operational control of high traffic areas not 

23 later than 2 years after the date of the submission 

24 of the implementation plan required under sub25 section (c); and 


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1 (2) gaining and maintaining operational control 

2 along the Southwest border of the United States not 

3 later than 5 years after such date of submission. 

4 (b) CONTENTS OF STRATEGY.—The strategy re5 quired under subsection (a) shall include a consideration 

6 of the following: 

7 (1) An assessment of principal border security 

8 threats, including threats relating to the smuggling 

9 and trafficking of humans, weapons, and illicit 

10 drugs. 

11 (2) Efforts to analyze and disseminate border 

12 security and border threat information between the 

13 border security components of the Department of 

14 Homeland Security and with other appropriate Fed15 eral departments and agencies with missions associ16 ated with the border. 

17 (3) Efforts to increase situational awareness, in 

18 accordance with privacy, civil liberties, and civil 

19 rights protections, including— 

20 (A) surveillance capabilities developed or 

21 utilized by the Department of Defense, includ22 ing any technology determined to be excess by 

23 the Department of Defense; and 


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1 (B) use of manned aircraft and unmanned 

2 aerial systems, including camera and sensor 

3 technology deployed on such assets. 

4 (4) Efforts to detect and prevent terrorists and 

5 instruments of terrorism from entering the United 

6 States. 

7 (5) Efforts to ensure that any new border secu8 rity technology can be operationally integrated with 

9 existing technologies in use by the Department of 

10 Homeland Security. 

11 (6) An assessment of existing efforts and tech12 nologies used for border security and the effect of 

13 such efforts and technologies on civil rights, private 

14 property rights, privacy rights, and civil liberties. 

15 (7) Technology required to maintain, support, 

16 and enhance security and facilitate trade at ports of 

17 entry, including nonintrusive detection equipment, 

18 radiation detection equipment, biometric technology, 

19 surveillance systems, and other sensors and tech20 nology that the Secretary of Homeland Security de21 termines to be necessary. 

22 (8) Operational coordination of the border secu23 rity components of the Department of Homeland Se24 curity. 


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1 (9) Lessons learned from Operation Jumpstart 

2 and Operation Phalanx. 

3 (10) Cooperative agreements and information 

4 sharing with State, local, tribal, territorial, and 

5 other Federal law enforcement agencies that have 

6 jurisdiction on the northern or southern borders, or 

7 in the maritime environment. 

8 (11) Border security information received from 

9 consultation with— 

10 (A) State, local, tribal, and Federal law en11 forcement agencies that have jurisdiction on the 

12 northern or southern border, or in the maritime 

13 environment; and 

14 (B) border community stakeholders (in15 cluding through public meetings with such 

16 stakeholders), including representatives from 

17 border agricultural and ranching organizations 

18 and representatives from business and civic or19 ganizations along the northern or southern bor20 der. 

21 (12) Agreements with foreign governments that 

22 support the border security efforts of the United 

23 States, including coordinated installation of stand24 ardized land border inspection technology, such as li25 cense plate readers and RFID readers. 


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1 (13) Staffing requirements for all border secu2 rity functions. 

3 (14) A prioritized list of research and develop4 ment objectives to enhance the security of the inter5 national land and maritime borders of the United 

6 States. 

7 (15) An assessment of training programs, in8 cluding training programs regarding— 

9 (A) identifying and detecting fraudulent 

10 documents; 

11 (B) protecting the civil, constitutional, 

12 human, and privacy rights of individuals; 

13 (C) understanding the scope of enforce14 ment authorities and the use of force policies; 

15 (D) screening, identifying, and addressing 

16 vulnerable populations, such as children and 

17 victims of human trafficking; and 

18 (E) social and cultural sensitivity toward 

19 border communities. 

20 (16) Local crime indices of municipalities and 

21 counties along the southern border. 

22 (17) An assessment of how border security op23 erations affect crossing times. 

24 (18) Resources and other measures that are 

25 necessary to achieve a 50-percent reduction in the 


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1 average wait times of commercial and passenger ve2 hicles at international land ports of entry along the 

3 southern border and the northern border. 

4 (19) Metrics required under subsections (e), (f), 

5 and (g). 

6 (c) IMPLEMENTATION PLAN.— 

7 (1) IN GENERAL.—Not later than 90 days after 

8 the submission of the strategy required under sub9 section (a), the Secretary of Homeland Security 

10 shall submit, to the appropriate congressional com11 mittees and to the Government Accountability Of12 fice, an implementation plan for each of the border 

13 security components of the Department of Home14 land Security to carry out such strategy. 

15 (2) CONTENTS OF PLAN.—The implementation 

16 plan required under paragraph (1) shall— 

17 (A) specify what protections will be put in 

18 place to ensure that staffing and resources nec19 essary for the maintenance of operations at 

20 ports of entry are not diverted to the detriment 

21 of such operations in favor of operations be22 tween ports of entry; and 

23 (B) include— 

24 (i) an integrated master schedule and 

25 cost estimate, including lifecycle costs, for 


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1 the activities contained in such implemen2 tation plan; and 

3 (ii) a comprehensive border security 

4 technology plan to improve surveillance ca5 pabilities that includes— 

6 (I) a documented justification 

7 and rationale for technology choices; 

8 (II) deployment locations; 

9 (III) fixed versus mobile assets; 

10 (IV) a timetable for procurement 

11 and deployment; 

12 (V) estimates of operation and 

13 maintenance costs; 

14 (VI) an identification of any im15 pediments to the deployment of such 

16 technologies; and 

17 (VII) estimates of the relative 

18 cost effectiveness of various border se19 curity strategies and operations, in20 cluding— 

21 (aa) the deployment of per22 sonnel and technology; and 

23 (bb) the construction of new 

24 physical and virtual barriers. 


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1 (3) GOVERNMENT ACCOUNTABILITY OFFICE RE2 VIEW.—Not later than 90 days after receiving the 

3 implementation plan in accordance with paragraph 

4 (1), the Comptroller General of the United States 

5 shall submit an assessment of such plan to the ap6 propriate congressional committees a report on such 

7 plan. 

8 (d) PERIODIC UPDATES.—Not later than 180 days 

9 after the submission of each Quadrennial Homeland Secu10 rity Review required under section 707 of the Homeland 

11 Security Act of 2002 (6 U.S.C. 347) beginning with the 

12 first such Review that is due after the implementation 

13 plan is submitted under subsection (c), the Secretary of 

14 Homeland Security shall submit, to the appropriate con15 gressional committees, an updated— 

16 (1) strategy under subsection (a); and 

17 (2) implementation plan under subsection (c). 

18 (e) METRICS FOR SECURING THE BORDER BETWEEN

19 PORTS OF ENTRY.—Not later than 120 days after the 

20 date of the enactment of this Act, the Secretary of Home21 land Security shall implement metrics, informed by situa22 tional awareness, to measure the effectiveness of security 

23 between ports of entry, including— 

24 (1) an illegal border crossing effectiveness rate, 

25 informed by situational awareness; 


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1 (2) an illicit drugs seizure rate, which measures 

2 the amount and type of illicit drugs seized by the 

3 Border Patrol in any fiscal year compared to an av4 erage of the amount and type of illicit drugs seized 

5 by the Border Patrol for the immediately preceding 

6 5 fiscal years; 

7 (3) a cocaine seizure effectiveness rate, which 

8 shall be measured by calculating the percentage of 

9 the total documented cocaine flow rate (as contained 

10 in Federal drug databases) that is seized by the 

11 Border Patrol; 

12 (4) estimates, using alternative methodologies, 

13 including recidivism data, survey data, known-flow 

14 data, and technologically measured data, of— 

15 (A) total attempted illegal border cross16 ings; 

17 (B) total deaths and injuries resulting 

18 from such attempted illegal border crossings; 

19 (C) the rate of apprehension of attempted 

20 illegal border crossers; and 

21 (D) the inflow into the United States of il22 legal border crossers who evade apprehension; 

23 and 


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1 (5) estimates of the impact of the Border Pa2 trol’s Consequence Delivery System on the rate of 

3 recidivism of illegal border crossers. 

4 (f) METRICS FOR SECURING THE BORDER AT PORTS

5 OF ENTRY.— 

6 (1) IN GENERAL.—Not later than 120 days 

7 after the date of the enactment of this Act, the Sec8 retary of Homeland Security shall implement 

9 metrics, informed by situational awareness, to meas10 ure the effectiveness of security at ports of entry, 

11 which shall include— 

12 (A) an inadmissible border crossing rate, 

13 which measures the number of known inadmis14 sible border crossers who are apprehended, ex15 cluding those border crossers who voluntarily 

16 withdraw their applications for admission, 

17 against the total estimated number of inadmis18 sible border crossers U.S. Customs and Border 

19 Protection fails to apprehend; 

20 (B) an illicit drugs seizure rate, which 

21 measures the amount and type of illicit drugs 

22 seized by U.S. Customs and Border Protection 

23 in any fiscal year compared to an average of 

24 the amount and type of illicit drugs seized by 


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1 U.S. Customs and Border Protection for the 

2 immediately preceding 5 fiscal years; 

3 (C) a cocaine seizure effectiveness rate, 

4 which shall be measured by calculating the per5 centage of the total documented cocaine flow 

6 rate (as contained in Federal drug databases) 

7 that is seized by U.S. Customs and Border Pro8 tection; 

9 (D) estimates, using alternative methodolo10 gies, including survey data and randomized sec11 ondary screening data, of— 

12 (i) total attempted inadmissible border 

13 crossers; 

14 (ii) the rate of apprehension of at15 tempted inadmissible border crossers; and 

16 (iii) the inflow into the United States 

17 of inadmissible border crossers who evade 

18 apprehension; 

19 (E) the number of infractions related to 

20 personnel and cargo committed by major viola21 tors who are apprehended by U.S. Customs and 

22 Border Protection at ports of entry, and the es23 timated number of such infractions committed 

24 by major violators who are not so apprehended; 

25 and 


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1 (F) a measurement of how border security 

2 operations affect crossing times. 

3 (2) COVERT TESTING.—The Inspector General 

4 of the Department of Homeland Security shall carry 

5 out covert testing at ports of entry and submit to 

6 the Secretary of Homeland Security and the appro7 priate congressional committees a report that con8 tains the results of such testing. The Secretary shall 

9 use such results to inform activities under this sub10 section. 

11 (g) METRICS FOR SECURING THE MARITIME BOR12 DER.—Not later than 120 days after the date of the enact13 ment of this Act, the Secretary of Homeland Security shall 

14 implement metrics, informed by situational awareness, to 

15 measure the effectiveness of security in the maritime envi16 ronment, which shall include— 

17 (1) an estimate of the total number of undocu18 mented migrants the Department of Homeland Se19 curity’s maritime security components fail to inter20 dict; 

21 (2) an undocumented migrant interdiction rate, 

22 which measures the number of undocumented mi23 grants interdicted against the total estimated num24 ber of undocumented migrants the Department of 


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1 Homeland Security’s maritime security components 

2 fail to interdict; 

3 (3) an illicit drugs removal rate, which meas4 ures the amount and type of illicit drugs removed by 

5 the maritime security components of the Department 

6 of Homeland Security inside a transit zone in any 

7 fiscal year compared to an average of the amount 

8 and type of illicit drugs removed by such compo9 nents inside a transit zone for the immediately pre10 ceding 5 fiscal years; 

11 (4) an illicit drugs removal rate, which meas12 ures the amount of illicit drugs removed by the mar13 itime security components of the Department of 

14 Homeland Security outside a transit zone in any fis15 cal year compared to an average of the amount of 

16 illicit drugs removed by such components outside a 

17 transit zone for the immediately preceding 5 fiscal 

18 years; 

19 (5) a cocaine removal effectiveness rate inside a 

20 transit zone; 

21 (6) a cocaine removal effectiveness rate outside 

22 a transit zone; and 

23 (7) a response rate which measures the Depart24 ment of Homeland Security’s ability to respond to 

25 and resolve known maritime threats, both inside and 


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1 outside a transit zone, by placing assets on-scene, 

2 compared to the total number of events with respect 

3 to which the Department has known threat informa4 tion. 

5 (h) COLLABORATION AND CONSULTATION.— 

6 (1) IN GENERAL.—The Secretary of Homeland 

7 Security shall collaborate with the head of a national 

8 laboratory within the Department of Homeland Se9 curity laboratory network with expertise in border 

10 security and the head of a border security univer11 sity-based center within the Department of Home12 land Security centers of excellence network to de13 velop, and ensure the suitability and statistical valid14 ity of, the metrics required under subsections (e), 

15 (f), and (g). 

16 (2) RECOMMENDATIONS RELATING TO CERTAIN

17 OTHER METRICS.—In carrying out paragraph (1), 

18 the head of the national laboratory and the head of 

19 a border security university-based center shall make 

20 recommendations to the Secretary of Homeland Se21 curity for other suitable metrics that may be used to 

22 measure the effectiveness of border security. 

23 (3) CONSULTATION.—In addition to the col24 laboration described in paragraph (1), the Secretary 

25 shall also consult with the Governors of every border 


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1 State and the representatives of the Border Patrol 

2 and U.S. Customs and Border Protection regarding 

3 the development of the metrics required under sub4 sections (e), (f), and (g). 

5 (i) EVALUATION BY THE GOVERNMENT ACCOUNT6 ABILITY OFFICE.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security shall provide the Government Account9 ability Office with the data and methodology used to 

10 develop the metrics implemented under subsections 

11 (e), (f), and (g). 

12 (2) REPORT.—Not later than 270 days after re13 ceiving the data and methodology referred to in 

14 paragraph (1), the Comptroller General of the 

15 United States shall submit a report to the appro16 priate congressional committees on the suitability 

17 and statistical validity of such data and method18 ology. 

19 (j) CERTIFICATIONS AND REPORTS RELATING TO

20 OPERATIONAL CONTROL.— 

21 (1) BY THE SECRETARY OF HOMELAND SECU22 RITY.— 

23 (A) TWO YEARS.—If the Secretary of 

24 Homeland Security determines that situational 

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1 fic areas have been achieved not later than 2 

2 years after the date of the submission of the 

3 implementation plan required under subsection 

4 (c), the Secretary shall submit an attestation of 

5 such achievement to the appropriate congres6 sional committees and the Comptroller General 

7 of the United States. 

8 (B) FIVE YEARS.—If the Secretary of 

9 Homeland Security determines that operational 

10 control along the southwest border of the 

11 United States has been achieved not later than 

12 5 years after the date of the submission of the 

13 implementation plan required under subsection 

14 (c), the Secretary shall submit an attestation of 

15 such achievement to the appropriate congres16 sional committees and the Comptroller General 

17 of the United States. 

18 (C) ANNUAL UPDATES.—Every year begin19 ning with the year after the Secretary of Home20 land Security submits the attestation under 

21 subparagraph (B), if the Secretary determines 

22 that operational control along the southwest 

23 border of the United States is being main24 tained, the Secretary shall submit an attesta25 tion of such maintenance to the appropriate 


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1 congressional committees and the Comptroller 

2 General of the United States. 

3 (2) BY THE COMPTROLLER GENERAL.— 

4 (A) REVIEWS.—The Comptroller General 

5 of the United States shall review and assess the 

6 attestations of the Secretary of Homeland Secu7 rity under subparagraphs (A), (B), and (C) of 

8 paragraph (1). 

9 (B) REPORTS.—Not later than 120 days 

10 after conducting the reviews described in sub11 paragraph (A), the Comptroller General of the 

12 United States shall submit a report on the re13 sults of each such review to the appropriate 

14 congressional committees. 

15 (k) FAILURE TO ACHIEVE SITUATIONAL AWARENESS

16 OR OPERATIONAL CONTROL.—If the Secretary of Home17 land Security determines that situational awareness, oper18 ational control, or both, as the case may be, has not been 

19 achieved by the dates referred to in subparagraphs (A) 

20 and (B) of subsection (j)(1), as the case may be, or if 

21 the Secretary determines that operational control is not 

22 being annually maintained pursuant to subparagraph (C) 

23 of such subsection, the Secretary shall, not later than 60 

24 days after such dates, submit a report to the appropriate 

25 congressional committees that— 


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1 (1) describes why situational awareness or oper2 ational control, or both, as the case may be, was not 

3 achieved; and 

4 (2) includes a description of impediments in5 curred, potential remedies, and recommendations to 

6 achieve situational awareness, operational control, or 

7 both, as the case may be. 

8 (l) GOVERNMENT ACCOUNTABILITY OFFICE REPORT

9 ON BORDER SECURITY DUPLICATION AND COST EFFEC10 TIVENESS.—Not later than 1 year after the date of the 

11 enactment of this Act, the Comptroller General of the 

12 United States shall submit a report to the appropriate 

13 congressional committees that addresses— 

14 (1) areas of overlap in responsibilities within 

15 the border security functions of the Department of 

16 Homeland Security; and 

17 (2) the relative cost effectiveness of border se18 curity strategies, including deployment of additional 

19 personnel and technology, and construction of virtual 

20 and physical barriers. 

21 (m) REPORTS.—Not later than 60 days after the date 

22 of the enactment of this Act and annually thereafter, the 

23 Secretary of Homeland Security shall submit a report to 

24 the appropriate congressional committees that contains— 


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1 (1) a resource allocation model for current and 

2 future year staffing requirements that includes— 

3 (A) optimal staffing levels at all land, air, 

4 and sea ports of entry; and 

5 (B) an explanation of U.S. Customs and 

6 Border Protection methodology for aligning 

7 staffing levels and workload to threats and 

8 vulnerabilities and their effects on cross border 

9 trade and passenger travel across all mission 

10 areas; 

11 (2) detailed information on the level of man12 power available at all land, air, and sea ports of 

13 entry and between ports of entry, including the num14 ber of canine and agricultural specialists assigned to 

15 each such port of entry; 

16 (3) detailed information that describes the dif17 ference between the staffing the model suggests and 

18 the actual staffing at each port of entry and between 

19 the ports of entry; and 

20 (4) detailed information that examines the secu21 rity impacts and competitive impacts of entering into 

22 a reimbursement agreement with foreign govern23 ments for U.S. Customs and Border Protection 

24 preclearance facilities. 


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1 SEC. 204. PROHIBITION ON LAND BORDER CROSSING FEE 

2 STUDY. 

3 The Secretary of Homeland Security may not con4 duct any study relating to the imposition of a border cross5 ing fee for pedestrians or passenger vehicles at land ports 

6 of entry along the southern border or the northern border 

7 of the United States. 

8 SEC. 205. BORDER SECURITY RESOURCES. 

9 (a) EQUIPMENT AND TECHNOLOGY ENHANCE10 MENTS.—Consistent with the Southern Border Security 

11 Strategy required under section 203, the Secretary of 

12 Homeland Security, in consultation with the Commis13 sioner of U.S. Customs and Border Protection, shall up14 grade existing technological assets and equipment, and 

15 procure and deploy additional technological assets and 

16 equipment on the southern border. 

17 (b) PHYSICAL AND TACTICAL INFRASTRUCTURE IM18 PROVEMENTS.— 

19 (1) CONSTRUCTION, UPGRADE, AND ACQUISI20 TION OF BORDER CONTROL FACILITIES.—Consistent 

21 with the Southern Border Security Strategy required 

22 under section 203, the Secretary, shall upgrade ex23 isting physical and tactical infrastructure of the De24 partment of Homeland Security, and construct and 

25 acquire additional physical and tactical infrastruc26 ture on the southern border, including the following: 


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1 (A) U.S. Border Patrol stations. 

2 (B) U.S. Border Patrol checkpoints. 

3 (C) Forward operating bases. 

4 (D) Monitoring stations. 

5 (E) Mobile command centers. 

6 (F) Land border port of entry improve7 ments. 

8 (G) Other necessary facilities, structures, 

9 and properties. 

10 (c) CUSTOMS AND BORDER PROTECTION PER11 SONNEL ENHANCEMENTS.— 

12 (1) ADDITIONAL OFFICERS.—Consistent with 

13 the Southern Border Security Strategy required 

14 under section 203, the Secretary is authorized to in15 crease the number of trained active-duty U.S. Cus16 toms and Border Protection officers deployed on the 

17 southern border, including— 

18 (A) officers serving in the Office of the 

19 Border Patrol; 

20 (B) officers serving in the Office of Air 

21 and Marine; and 

22 (C) officers serving in the Office of Field 

23 Operations, including officers stationed at land 

24 border ports of entry. 


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1 (2) EXPEDITED TRAINING AND DEPLOYMENT

2 AUTHORITY.—When exercising authority under this 

3 section, the Secretary is authorized— 

4 (A) to conduct enhanced recruiting oper5 ations for U.S. Customs and Border Protection 

6 personnel; 

7 (B) to conduct additional training acad8 emies for U.S. Customs and Border Protection 

9 personnel; and 

10 (C) to promulgate regulations allowing for 

11 the expedited training of U.S. Customs and 

12 Border Protection personnel. 

13 (d) NATIONAL GUARD SUPPORT FOR OPERATIONS.— 

14 (1) IN GENERAL.—Amounts authorized to be 

15 appropriated under this section may be expended, 

16 with the approval of the Secretary of Defense and 

17 the Secretary of Homeland Security, for the Gov18 ernor of a State to order any units or personnel of 

19 the National Guard of such State to perform oper20 ations and missions under section 502(f) of title 32, 

21 United States Code, on the southern border. 

22 (2) ASSIGNMENT OF OPERATIONS AND MIS23 SIONS.— 

24 (A) IN GENERAL.—National Guard units 

25 and personnel deployed under paragraph (1) 


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1 may be assigned such operations, including mis2 sions specified in paragraph (3), as may be nec3 essary to provide assistance for operations on 

4 the southern border. 

5 (B) NATURE OF DUTY.—The duty of Na6 tional Guard personnel performing operations 

7 and missions described in subparagraph (A) 

8 shall be full-time duty under title 32, United 

9 States Code. 

10 (3) RANGE OF OPERATIONS AND MISSIONS.— 

11 The operations and missions assigned under para12 graph (2) shall include the temporary authority— 

13 (A) to provide assistance for law enforce14 ment, including the interdiction of human traf15 ficking, illicit drugs, and contraband crossing 

16 the border; 

17 (B) to assist in the provision of humani18 tarian relief; 

19 (C) to increase ground-based mobile sur20 veillance systems; 

21 (D) to deploy additional unmanned aerial 

22 systems and manned aircraft sufficient to main23 tain continuous surveillance of the southern 

24 border; 


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1 (E) to deploy and provide capability for 

2 radio communications interoperability between 

3 U.S. Customs and Border Protection and State, 

4 local, and tribal law enforcement agencies; 

5 (F) to construct checkpoints along the 

6 southern border to bridge the gap to long-term 

7 permanent checkpoints; 

8 (G) to provide assistance to U.S. Customs 

9 and Border Protection, particularly in rural, 

10 high-trafficked areas, as designated by the 

11 Commissioner of U.S. Customs and Border 

12 Protection; 

13 (H) to enhance law enforcement rotary 

14 wing operations supporting quick reaction 

15 forces, medical air evacuations, and incident 

16 awareness and assessment operations; and 

17 (I) to provide equipment and training to 

18 law enforcement agencies. 

19 (4) MATERIEL AND LOGISTICAL SUPPORT.— 

20 The Secretary of Defense shall deploy such materiel 

21 and equipment and logistical support as may be nec22 essary to ensure success of the operations and mis23 sions conducted by the National Guard under this 

24 subsection. 


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1 (5) EXCLUSION FROM NATIONAL GUARD PER2 SONNEL STRENGTH LIMITATIONS.—National Guard 

3 personnel deployed under paragraph (1) shall not be 

4 included in— 

5 (A) the calculation to determine compli6 ance with limits on end strength for National 

7 Guard personnel; or 

8 (B) limits on the number of National 

9 Guard personnel that may be placed on active 

10 duty for operational support under section 115 

11 of title 10, United States Code. 

12 (6) FUNDING.—There are authorized to be ap13 propriated for fiscal years 2014 and 2015 such sums 

14 as may be necessary to carry out this subsection. 

15 (e) STATE AND LOCAL ASSISTANCE.— 

16 (1) IN GENERAL.—The Federal Emergency 

17 Management Agency shall enhance law enforcement 

18 preparedness, humanitarian responses, and oper19 ational readiness along the southern border through 

20 Operation Stonegarden. 

21 (2) GRANTS AND REIMBURSEMENTS.— 

22 (A) IN GENERAL.—For purposes of para23 graph (1), amounts made available under this 

24 section shall be allocated for grants and reim25 bursements to State and local governments in 


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1 Border Patrol Sectors on the southern border 

2 for personnel, overtime, travel, costs related to 

3 combating illegal immigration and drug smug4 gling, and costs related to providing humani5 tarian relief to unaccompanied alien children 

6 who have entered the United States. 

7 (B) FUNDING FOR STATE AND LOCAL GOV8 ERNMENTS.—Allocations for grants and reim9 bursements to State and local governments 

10 under this paragraph shall be made by the Fed11 eral Emergency Management Agency through a 

12 competitive process. 

13 (3) FUNDING.—There are authorized to be ap14 propriated for fiscal years 2014 and 2015 such sums 

15 as may be necessary to carry out this subsection. 

Æ 


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