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SEC. 103. EMERGENCY IMMIGRATION JUDGE RESOURCES. 
Not later than 14 days after the date of the enact-
ment of this Act, the Attorney General shall designate up 
to 40 immigration judges, including through the hiring of 
retired immigration judges, administrative law judges, or 
magistrate judges, or the reassignment of current immi-
gration judges. Such designations shall remain in effect 
solely for the duration of the humanitarian crisis at the 
southern border (as determined by the Secretary of Home-
land Security, in consultation with the Attorney General). 
SEC. 104. PROTECTING CHILDREN FROM HUMAN TRAF-
FICKERS, 
SEX 
OFFENDERS, 
AND 
OTHER 
CRIMINALS. 
Section 235(c)(3) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(c)(3)) is amended— 
(1) in subparagraph (A), by inserting ‘‘, includ-
ing 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 cus-
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tody of an individual who has been con-
victed of— 
‘‘(I) a sex offense (as defined in 
section 111 of the Sex Offender Reg-
istration and Notification Act (42 
U.S.C. 16911)); or 
‘‘(II) a crime involving a severe 
form of trafficking in persons (as de-
fined in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 
U.S.C. 7102)). 
‘‘(ii) REQUIREMENTS
OF
CRIMINAL 
BACKGROUND CHECK.—A biometric crimi-
nal history check under subparagraph (A) 
shall be based on a set of fingerprints or 
other biometric identifiers and conducted 
through— 
‘‘(I) the Federal Bureau of Inves-
tigation; and 
‘‘(II) criminal history repositories 
of all States that the individual lists 
as current or former residences.’’. 
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SEC. 105. INCLUSION OF ADDITIONAL GROUNDS FOR PER 
SE INELIGIBILITY FOR ASYLUM. 
Section 208(b)(2)(A)(iii) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by 
inserting after ‘‘a serious nonpolitical crime’’ the fol-
lowing: ‘‘(including any drug-related offense punishable by 
a term of imprisonment greater than 1 year)’’. 
TITLE 
II—USE 
OF 
NATIONAL 
GUARD TO IMPROVE BORDER 
SECURITY 
SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPER-
ATIONS. 
(a) DEPLOYMENT
AUTHORITY
AND
FUNDING.— 
Amounts appropriated for the Department of Defense in 
this Act shall be expended for any units or personnel of 
the National Guard deployed to perform operations and 
missions under section 502(f) of title 32, United States 
Code, on the southern border of the United States. 
(b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 
(1) IN GENERAL.—National Guard units and 
personnel deployed under subsection (a) may be as-
signed such operations as may be necessary to pro-
vide assistance for operations on the southern bor-
der, with priority given to high traffic areas experi-
encing the highest number of crossings by unaccom-
panied alien children. 
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(2) NATURE OF DUTY.—The duty of National 
Guard personnel performing operations and missions 
on the southern border shall be full-time duty under 
title 32, United States Code. 
(c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense shall deploy such materiel and equip-
ment and logistical support as may be necessary to ensure 
success of the operations and missions conducted by the 
National Guard under this section. 
(d) EXCLUSION
FROM
NATIONAL
GUARD
PER-
SONNEL STRENGTH LIMITATIONS.—National Guard per-
sonnel deployed under subsection (a) shall not be included 
in— 
(1) the calculation to determine compliance 
with limits on end strength for National Guard per-
sonnel; or 
(2) 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. 
(e) HIGH TRAFFIC AREAS DEFINED.—In this sec-
tion: 
(1) The term ‘‘high traffic areas’’ means sec-
tors along the northern and southern borders of the 
United States that are within the responsibility of 
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the Border Patrol that have the most illicit cross- 
border activity, informed through situational aware-
ness. 
(2) The term ‘‘unaccompanied alien child’’ 
means a child who— 
(A) has no lawful immigration status in 
the United States; 
(B) has not attained 18 years of age; and 
(C) with respect to whom— 
(i) there is no parent or legal guard-
ian in the United States; or 
(ii) no parent or legal guardian in the 
United States is available to provide care 
and physical custody. 
TITLE III—NATIONAL SECURITY 
AND FEDERAL LANDS PRO-
TECTION 
SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BOR-
DER SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of the 
United States border with Mexico that is under the juris-
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diction of the Secretary of the Interior or the Secretary 
of Agriculture, to execute search and rescue operations, 
and to prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, in-
struments of terrorism, narcotics, and other contraband 
through such international land border of the United 
States. These authorities of U.S. Customs and Border 
Protection on such Federal land apply whether or not a 
state of emergency exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the United States border with Mexico that 
is under the jurisdiction of the Secretary of the Interior 
or the Secretary of Agriculture for purposes of conducting 
the following activities on such land that prevent all un-
lawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband through such inter-
national land border of the United States: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
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(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infra-
structure. 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating to the waiver referred to in this subsection), 
the waiver by the Secretary of Homeland Security 
on April 1, 2008, under section 102(c)(1) of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note; Public Law 
104–208) of the laws described in paragraph (2) 
with respect to certain sections of the international 
border between the United States and Mexico shall 
be considered to apply to all Federal land under the 
jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture within 100 miles of such 
international land border of the United States for 
the activities of U.S. Customs and Border Protection 
described in subsection (b). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
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derness Act (16 U.S.C. 1131 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the National Historic Preser-
vation Act (16 U.S.C. 470 et seq.), Public Law 86– 
523 (16 U.S.C. 469 et seq.), the Act of June 8, 
1906 (commonly known as the ‘‘Antiquities Act of 
1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 
Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 
668dd et seq.), the Fish and Wildlife Act of 1956 
(16 U.S.C. 742a et seq.), the Fish and Wildlife Co-
ordination Act (16 U.S.C. 661 et seq.), subchapter 
II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 
U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 
of the National Parks and Recreation Act of 1978 
(Public Law 95–625, 92 Stat. 3467), and the Ari-
zona Desert Wilderness Act of 1990 (16 U.S.C. 
1132 note; Public Law 101–628). 
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(d) PROTECTION
OF LEGAL USES.—This section 
shall not be construed to provide— 
(1) authority to restrict legal uses, such as 
grazing, hunting, mining, or public-use recreational 
and backcountry airstrips on land under the jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This 
Act shall— 
(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes treaties or 
other agreements between the United States and Indian 
tribes. 
SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAU-
THORIZED ALIENS AT MILITARY INSTALLA-
TIONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) the Secretary of Defense should not allow 
the placement of unauthorized aliens at a military 
installation unless— 
(A) the Secretary submits written notice to 
the congressional defense committees and each 
Member of Congress representing any jurisdic-
tion in which an affected military installation is 
situated; and 
(B) the Secretary publishes notice in the 
Federal Register; 
(2) the placement of unauthorized aliens at a 
military institution should not displace active mem-
bers of the Armed Forces; 
(3) the placement of unauthorized aliens at a 
military institution should not interfere with any 
mission of the Department of Defense; 
(4) the Secretary of Health and Human Serv-
ices should not use a military installation for the 
placement of unauthorized aliens unless all other fa-
cilities of the Department of Health and Human 
Services are unavailable; 
(5) the Secretary of Health and Human Serv-
ices should not use a military installation for the 
placement of unauthorized aliens for more than 120 
days; 
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(6) the Secretary of Health and Human Serv-
ices should ensure that all unauthorized alien chil-
dren are vaccinated upon arrival at a military instal-
lation as set forth in the guidelines of the Office of 
Refugee Resettlement; 
(7) the Secretary of Health and Human Serv-
ices should ensure that all individuals under the su-
pervision of the Secretary with access to unauthor-
ized alien children at a military installation are 
properly cleared according to the procedures set 
forth in the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13001 et seq.); 
(8) the Secretary of Health and Human Serv-
ices should fully comply with the provisions of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 
13001 et seq.) with respect to background checks 
and should retain full legal responsibility for such 
compliance; and 
(9) in accordance with section 1535 of title 31, 
United States Code (commonly referred to as the 
‘‘Economy Act’’), the Secretary of Health and 
Human Services should reimburse the Secretary of 
Defense for all expenses incurred by the Secretary of 
Defense in carrying out the placement of unauthor-
ized aliens at a military installation. 
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(b) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(2) The term ‘‘Member of Congress’’ has the 
meaning given that term in section 1591(c)(1) of 
title 10, United States Code. 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801(c)(4) of 
title 10, United States Code, but does not include an 
installation located outside of the United States. 
(4) The term ‘‘placement’’ means the placement 
of an unauthorized alien in either a detention facility 
or an alternative to such a facility. 
(5) The term ‘‘unauthorized alien’’ means an 
alien unlawfully present in the United States, but 
does not include a dependent of a member of the 
Armed Forces. 
SEC. 303. LIMITATION ON PLACEMENT OF UNAUTHORIZED 
ALIENS AT MILITARY INSTALLATIONS. 
(a) LIMITATION.—The Secretary of Defense may not 
allow the placement of unauthorized aliens at a military 
installation in the United States if the use of the military 
institution to house or care for unauthorized aliens 
would— 
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(1) displace members of the Armed Forces serv-
ing on active duty or in a reserve or Guard status; 
or 
(2) interfere with activities of the Armed 
Forces, including reserve components thereof, at the 
installation. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘military installation’’ has the 
meaning given such term in section 2801(c)(4) of 
title 10, United States Code. 
(2) The term ‘‘unauthorized alien’’ means an 
alien unlawfully present in the United States, but 
does not include a dependent of a member of the 
Armed Forces. 
Passed the House of Representatives August 1, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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