I 
113TH CONGRESS 
2D SESSION 
H. R. 5316 
To secure the border between the United States and Mexico. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2014 
Mr. STOCKMAN introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland 
Security, Ways and Means, Armed Services, and Foreign Affairs, 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 com-
mittee concerned 
A BILL 
To secure the border between the United States and Mexico. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safely Exacting Cau-
tious Useful Rules for Immigration This Year (SECU-
RITY) Act’’. 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) The Congress finds that: 
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(1) An estimated 11,800,000 aliens reside in 
the United States in contravention of Federal immi-
gration law. 
(2) The construction of a double-layered fence 
along the entire Southern Border reduces illegal im-
migration, decreases cross-border smuggling, and en-
ables the effective deployment of manpower, as dem-
onstrated by the San Diego sector where a fence was 
built in 2004. 
(3) Aliens, such as the El Salvadoran national 
and MS–13 gang members Kevin Fabricio Claros 
Cantarero and Julio Martinez, have attempted to 
use applications for asylum in order to reside in the 
United States. 
(4) The closing of Border Patrol stations, such 
as in June 2011, and failure to deploy the National 
Guard to assist the Border Patrol, such as during 
the border crisis of June 2014, impaired the ability 
of law enforcement to secure the border. 
(5) The backlog of immigration cases, in which 
87 percent of cases where ICE filed Notices to Ap-
pear between 2009 to 2014 are still pending in 
2014, could be addressed if Congress knew the num-
ber of judges needed in immigration courts. 
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(6) Illegal aliens, despite being ineligible, re-
ceived $4.2 billion in additional child tax credits 
from the United States Treasury in 2010 by apply-
ing with an individual taxpayer identification num-
ber. 
(7) Aliens have been applying for and receiving 
public benefits from Federal, State, and local gov-
ernments in substantially burdensome levels, such as 
$791.6 million covered by California taxpayers in 
2013. 
(b) The Congress further finds and declares that it 
serves a compelling government interest of the United 
States to— 
(1) establish and regularly evaluate the security 
at United States borders using the same metric; 
(2) construct a double-layered fence along the 
entire Southern Border of the United States; 
(3) provide adequate manpower for enforcement 
of immigration laws, sufficient judges to address the 
backlog in immigration courts, and the appropriate 
number of beds and facilities to meet immigration 
detention needs; 
(4) end the release of dangerous criminal aliens 
and the likelihood of foreign gang members using 
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refugee and asylee status to reside in the United 
States; and 
(5) remove incentives for illegal immigration 
provided by the availability of public benefits. 
SEC. 3. ACHIEVING AND MAINTAINING OPERATIONAL CON-
TROL OF THE BORDER. 
(a) PLAN.—Not later than 180 days of the date of 
enactment of this Act, the Secretary of Homeland Security 
shall develop and submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a plan to achieve and maintain operational 
control of the entire international land and maritime bor-
ders of the United States. The Secretary shall begin imple-
menting the plan immediately following its submission. 
(b) DEFINITION OF OPERATIONAL CONTROL OF THE 
BORDER.—For purposes of this Act, the term ‘‘oper-
ational control’’ means the prevention of all unlawful en-
tries into the United States, including entries by terror-
ists, other unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband. Any changes to the defini-
tion of ‘‘operational control’’ as defined in this Act must 
be approved by Congress. 
(c) REPORT AND CERTIFICATION.— 
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(1) Not later than one year after the date of 
enactment of this Act and annually thereafter, the 
Secretary shall submit to the Committee on Home-
land Security of the House of Representatives and 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on the 
progress made toward achieving and maintaining 
operational control of the entire international land 
and maritime borders of the United States. Such re-
port shall contain an analysis of the reason why, if 
any, operational control has not been achieved or 
maintained, and steps the Department will take to 
meet its goal of operational control. 
(2) Within 30 days of receiving the report, the 
respective committees in subsection (1) must certify 
whether operational control has been met. 
(d) FAILURE
TO
ACHIEVE
OPERATIONAL
CON-
TROL.—If the Department of Homeland Security fails to 
achieve or maintain operational control, then twenty-five 
percent of the Department’s Under Secretary for Manage-
ment’s budget will be cut and redistributed to Customs 
and Border Protection to go toward surveillance and inter-
diction activities. 
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SEC. 4. CONSTRUCTION AND COMPLETION OF REIN-
FORCED DOUBLE-LAYERED FENCING ALONG 
THE SOUTHERN BORDER. 
(a) Section 564 of division E of the Consolidated Ap-
propriations Act of 2008 (Public Law 110–161) is hereby 
repealed. 
(b) PLAN.—The Secretary of Homeland Security 
shall establish a plan to construct double-layered rein-
forced fencing as required under section 3 of the Secure 
Fence Act of 2006 (Public Law 109–367). Such plan must 
be submitted by the Secretary within 180 days of enact-
ment of this Act to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate. The plan shall include annual deadlines to complete 
a proportion of the total construction of the fence, with 
the entirety of the fence to be completed no later than 
10 years from the date of the submission of the plan. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of Homeland Security shall submit a report on 
the progress of the fence to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate. The report shall include whether planned 
objectives have been achieved by the Secretary’s proposed 
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