I 
113TH CONGRESS 
1ST SESSION 
H. R. 15 
To provide for comprehensive immigration reform and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2013 
Mr. GARCIA (for himself, Ms. CHU, Mr. HORSFORD, Mr. POLIS, Ms. 
DELBENE, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. BECERRA, Mr. 
CROWLEY, Mr. VAN HOLLEN, Mr. ISRAEL, Ms. DUCKWORTH, Mr. GENE 
GREEN of Texas, Ms. SPEIER, Ms. TITUS, Ms. LINDA T. SA´NCHEZ of 
California, Mr. DAVID SCOTT of Georgia, Mr. DELANEY, Mr. LARSEN of 
Washington, Mr. O’ROURKE, Ms. JACKSON LEE, Mr. PETERS of Cali-
fornia, Mr. GALLEGO, Ms. MICHELLE LUJAN GRISHAM of New Mexico, 
Mr. HINOJOSA, Mr. CONNOLLY, Mr. HIMES, Ms. BROWNLEY of Cali-
fornia, Mr. ENGEL, Mr. PERLMUTTER, Mr. SHERMAN, Ms. WASSERMAN 
SCHULTZ, Mr. VARGAS, Mr. CA´RDENAS, Mr. KILDEE, Mrs. NAPOLITANO, 
Mr. SWALWELL of California, Mr. RUIZ, Mr. LOWENTHAL, Mr. TAKANO, 
Mr. DOGGETT, Mr. QUIGLEY, Mr. BARBER, Mr. CASTRO of Texas, Mr. 
BEN RAY LUJA´N of New Mexico, Mr. FOSTER, Ms. ROYBAL-ALLARD, 
Ms. KUSTER, Ms. WILSON of Florida, Mr. SABLAN, Mr. SIRES, Mrs. 
MCCARTHY of New York, Ms. LORETTA SANCHEZ of California, Ms. 
SCHWARTZ, Mr. DEUTCH, Mr. MAFFEI, Mr. HUFFMAN, Mr. SCHRADER, 
Mr. MORAN, Mr. SCHIFF, Mr. MURPHY of Florida, Mrs. NEGRETE 
MCLEOD, Mr. HECK of Washington, Mr. POCAN, Mr. SMITH of Wash-
ington, Ms. KELLY of Illinois, Ms. HANABUSA, Mr. SERRANO, Mr. 
OWENS, Ms. ESTY, Ms. FRANKEL of Florida, Mr. KIND, Mr. SEAN PAT-
RICK MALONEY of New York, Mr. PIERLUISI, Mr. KILMER, Mr. HONDA, 
Mr. THOMPSON
of California, Ms. ESHOO, Mr. SCHNEIDER, Mr. 
CUELLAR, Mr. FALEOMAVAEGA, Ms. MCCOLLUM, Ms. MENG, Mr. RAN-
GEL, Ms. MATSUI, Mrs. CAROLYN B. MALONEY of New York, Ms. HAHN, 
Ms. CASTOR of Florida, Mr. NADLER, Mr. VEASEY, Mrs. KIRKPATRICK, 
Ms. MOORE, Mr. CICILLINE, Mr. CARTWRIGHT, Mr. MEEKS, Ms. 
DEGETTE, Mr. HASTINGS of Florida, Mr. COHEN, Mr. CLAY, Mr. CON-
YERS, Ms. SCHAKOWSKY, Mr. MCDERMOTT, Mr. ANDREWS, Mr. BLU-
MENAUER, Mr. DINGELL, Mr. GARAMENDI, Mr. LANGEVIN, Mr. TONKO, 
Mr. PASTOR of Arizona, Ms. VELA´ZQUEZ, Mr. FARR, Mr. COSTA, Mr. 
PRICE of North Carolina, Ms. BONAMICI, Mr. LARSON of Connecticut, 
Ms. SINEMA, Mr. COURTNEY, Mr. PALLONE, Mr. LEWIS, and Mr. GRAY-
SON) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Foreign Affairs, 
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Homeland Security, Ways and Means, Armed Services, Natural Re-
sources, Agriculture, Education and the Workforce, Energy and Com-
merce, Oversight and Government Reform, the Budget, Science, Space, 
and Technology, Financial Services, and Transportation and Infrastruc-
ture, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for comprehensive immigration reform and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security, Economic Opportunity, and Immigra-
tion Modernization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Statement of congressional findings. 
Sec. 3. Reports on current border security status. 
Sec. 4. Border security metrics and goals. 
Sec. 5. Southern Border Security Commission. 
Sec. 6. Border Security Results Strategy. 
Sec. 7. US–VISIT Implementation. 
Sec. 8. Alternate model for border security strategy development. 
Sec. 9. Comprehensive Immigration Reform Funds. 
Sec. 10. Reference to the Immigration and Nationality Act. 
Sec. 11. Definitions. 
Sec. 12. Grant accountability. 
TITLE I—BORDER SECURITY 
Sec. 1101. Definitions. 
Sec. 1102. Additional U.S. Customs and Border Protection officers. 
Sec. 1103. National Guard support to secure the Southern border. 
Sec. 1104. Enhancement of existing border security operations. 
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Sec. 1105. Border security on certain Federal land. 
Sec. 1106. Equipment and technology. 
Sec. 1107. Access to emergency personnel. 
Sec. 1108. Southwest Border Region Prosecution Initiative. 
Sec. 1109. Interagency collaboration. 
Sec. 1110. State Criminal Alien Assistance Program. 
Sec. 1111. Use of force. 
Sec. 1112. Training for border security and immigration enforcement officers. 
Sec. 1113. Department of Homeland Security Border Oversight Task Force. 
Sec. 1114. Ombudsman for Immigration Related Concerns of the Department 
of Homeland Security. 
Sec. 1115. Protection of family values in apprehension programs. 
Sec. 1116. Reports. 
Sec. 1117. Severability and delegation. 
Sec. 1118. Prohibition on land border crossing fees. 
Sec. 1119. Human Trafficking Reporting. 
Sec. 1120. Rule of construction. 
Sec. 1121. Limitations on dangerous deportation practices. 
Sec. 1122. Maximum allowable costs of salaries of contractor employees. 
TITLE II—IMMIGRANT VISAS 
Subtitle A—Registration and Adjustment of Registered Provisional 
Immigrants 
Sec. 2101. Registered provisional immigrant status. 
Sec. 2102. Adjustment of status of registered provisional immigrants. 
Sec. 2103. The DREAM Act. 
Sec. 2104. Additional requirements. 
Sec. 2105. Criminal penalty. 
Sec. 2106. Grant program to assist eligible applicants. 
Sec. 2107. Conforming amendments to the Social Security Act. 
Sec. 2108. Government contracting and acquisition of real property interest. 
Sec. 2109. Long-term legal residents of the Commonwealth of the Northern 
Mariana Islands. 
Sec. 2110. Rulemaking. 
Sec. 2111. Statutory construction. 
Subtitle B—Agricultural Worker Program 
Sec. 2201. Short title. 
Sec. 2202. Definitions. 
CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 
AGRICULTURAL WORKERS 
SUBCHAPTER A—BLUE CARD STATUS 
Sec. 2211. Requirements for blue card status. 
Sec. 2212. Adjustment to permanent resident status. 
Sec. 2213. Use of information. 
Sec. 2214. Reports on blue cards. 
Sec. 2215. Authorization of appropriations. 
SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS 
Sec. 2221. Correction of social security records. 
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CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM 
Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers. 
Sec. 2232. Establishment of nonimmigrant agricultural worker program. 
Sec. 2233. Transition of H–2A Worker Program. 
Sec. 2234. Reports to Congress on nonimmigrant agricultural workers. 
CHAPTER 3—OTHER PROVISIONS 
Sec. 2241. Rulemaking. 
Sec. 2242. Reports to Congress. 
Sec. 2243. Benefits integrity programs. 
Sec. 2244. Effective date. 
Subtitle C—Future Immigration 
Sec. 2301. Merit-based points track one. 
Sec. 2302. Merit-based track two. 
Sec. 2303. Repeal of the diversity visa program. 
Sec. 2304. Worldwide levels and recapture of unused immigrant visas. 
Sec. 2305. Reclassification of spouses and minor children of lawful permanent 
residents as immediate relatives. 
Sec. 2306. Numerical limitations on individual foreign states. 
Sec. 2307. Allocation of immigrant visas. 
Sec. 2308. Inclusion of communities adversely affected by a recommendation of 
the Defense Base Closure and Realignment Commission as tar-
geted employment areas. 
Sec. 2309. V nonimmigrant visas. 
Sec. 2310. Fiance´e and fiance´ child status protection. 
Sec. 2311. Equal treatment for all stepchildren. 
Sec. 2312. Modification of adoption age requirements. 
Sec. 2313. Relief for orphans, widows, and widowers. 
Sec. 2314. Discretionary authority with respect to removal, deportation, or in-
admissibility of citizen and resident immediate family members. 
Sec. 2315. Waivers of inadmissibility. 
Sec. 2316. Continuous presence. 
Sec. 2317. Global health care cooperation. 
Sec. 2318. Extension and improvement of the Iraqi special immigrant visa pro-
gram. 
Sec. 2319. Extension and improvement of the Afghan special immigrant visa 
program. 
Sec. 2320. Special Immigrant Nonminister Religious Worker Program. 
Sec. 2321. Special immigrant status for certain surviving spouses and children. 
Sec. 2322. Reunification of certain families of Filipino veterans of World War 
II. 
Subtitle D—Conrad State 30 and Physician Access 
Sec. 2401. Conrad State 30 Program. 
Sec. 2402. Retaining physicians who have practiced in medically underserved 
communities. 
Sec. 2403. Employment protections for physicians. 
Sec. 2404. Allotment of Conrad 30 waivers. 
Sec. 2405. Amendments to the procedures, definitions, and other provisions re-
lated to physician immigration. 
Subtitle E—Integration 
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Sec. 2501. Definitions. 
CHAPTER 1—CITIZENSHIP AND NEW AMERICANS 
SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS 
Sec. 2511. Office of Citizenship and New Americans. 
SUBCHAPTER B—TASK FORCE ON NEW AMERICANS 
Sec. 2521. Establishment. 
Sec. 2522. Purpose. 
Sec. 2523. Membership. 
Sec. 2524. Functions. 
CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP 
Sec. 2531. Establishment of United States Citizenship Foundation. 
Sec. 2532. Funding. 
Sec. 2533. Purposes. 
Sec. 2534. Authorized activities. 
Sec. 2535. Council of directors. 
Sec. 2536. Powers. 
Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Pro-
gram. 
Sec. 2538. Pilot program to promote immigrant integration at State and local 
levels. 
Sec. 2539. Naturalization ceremonies. 
CHAPTER 3—FUNDING 
Sec. 2541. Authorization of appropriations. 
CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION 
Sec. 2551. Waiver of English requirement for senior new Americans. 
Sec. 2552. Filing of applications not requiring regular Internet access. 
Sec. 2553. Permissible use of assisted housing by battered immigrants. 
Sec. 2554. United States citizenship for internationally adopted individuals. 
TITLE III—INTERIOR ENFORCEMENT 
Subtitle A—Employment Verification System 
Sec. 3101. Unlawful employment of unauthorized aliens. 
Sec. 3102. Increasing security and integrity of social security cards. 
Sec. 3103. Increasing security and integrity of immigration documents. 
Sec. 3104. Responsibilities of the Social Security Administration. 
Sec. 3105. Improved prohibition on discrimination based on national origin or 
citizenship status. 
Sec. 3106. Rulemaking. 
Sec. 3107. Office of the Small Business and Employee Advocate. 
Subtitle B—Protecting United States Workers 
Sec. 3201. Protections for victims of serious violations of labor and employment 
law or crime. 
Sec. 3202. Employment Verification System Education Funding. 
Sec. 3203. Directive to the United States Sentencing Commission. 
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Subtitle C—Other Provisions 
Sec. 3301. Funding. 
Sec. 3302. Effective date. 
Sec. 3303. Mandatory exit system. 
Sec. 3304. Identity-theft resistant manifest information for passengers, crew, 
and non-crew onboard departing aircraft and vessels. 
Sec. 3305. Profiling. 
Sec. 3306. Enhanced penalties for certain drug offenses on Federal lands. 
Subtitle D—Asylum and Refugee Provisions 
Sec. 3401. Time limits and efficient adjudication of genuine asylum claims. 
Sec. 3402. Refugee family protections. 
Sec. 3403. Clarification on designation of certain refugees. 
Sec. 3404. Asylum determination efficiency. 
Sec. 3405. Stateless persons in the United States. 
Sec. 3406. U visa accessibility. 
Sec. 3407. Work authorization while applications for U and T visas are pend-
ing. 
Sec. 3408. Representation at overseas refugee interviews. 
Sec. 3409. Law enforcement and national security checks. 
Sec. 3410. Tibetan refugee assistance. 
Sec. 3411. Termination of asylum or refugee status. 
Sec. 3412. Asylum clock. 
Subtitle E—Shortage of Immigration Court Resources for Removal 
Proceedings 
Sec. 3501. Shortage of immigration court personnel for removal proceedings. 
Sec. 3502. Improving immigration court efficiency and reducing costs by in-
creasing access to legal information. 
Sec. 3503. Office of Legal Access Programs. 
Sec. 3504. Codifying Board of Immigration Appeals. 
Sec. 3505. Improved training for immigration judges and Board Members. 
Sec. 3506. Improved resources and technology for immigration courts and 
Board of Immigration Appeals. 
Sec. 3507. Transfer of responsibility for trafficking protections. 
Subtitle F—Prevention of Trafficking in Persons and Abuses Involving 
Workers Recruited Abroad 
Sec. 3601. Definitions. 
Sec. 3602. Disclosure. 
Sec. 3603. Prohibition on discrimination. 
Sec. 3604. Recruitment fees. 
Sec. 3605. Registration. 
Sec. 3606. Bonding requirement. 
Sec. 3607. Maintenance of lists. 
Sec. 3608. Amendment to the Immigration and Nationality Act. 
Sec. 3609. Responsibilities of Secretary of State. 
Sec. 3610. Enforcement provisions. 
Sec. 3611. Detecting and preventing child trafficking. 
Sec. 3612. Protecting child trafficking victims. 
Sec. 3613. Rule of construction. 
Sec. 3614. Regulations. 
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Subtitle G—Interior Enforcement 
Sec. 3701. Criminal street gangs. 
Sec. 3702. Banning habitual drunk drivers from the United States. 
Sec. 3703. Sexual abuse of a minor. 
Sec. 3704. Illegal entry. 
Sec. 3705. Reentry of removed alien. 
Sec. 3706. Penalties relating to vessels and aircraft. 
Sec. 3707. Reform of passport, visa, and immigration fraud offenses. 
Sec. 3708. Combating schemes to defraud aliens. 
Sec. 3709. Inadmissibility and removal for passport and immigration fraud of-
fenses. 
Sec. 3710. Directives related to passport and document fraud. 
Sec. 3711. Inadmissible aliens. 
Sec. 3712. Organized and abusive human smuggling activities. 
Sec. 3713. Preventing criminals from renouncing citizenship during wartime. 
Sec. 3714. Diplomatic security service. 
Sec. 3715. Secure alternatives programs. 
Sec. 3716. Oversight of detention facilities. 
Sec. 3717. Procedures for bond hearings and filing of notices to appear. 
Sec. 3718. Sanctions for countries that delay or prevent repatriation of their 
nationals. 
Sec. 3719. Gross violations of human rights. 
Sec. 3720. Reporting and recordkeeping requirements relating to the detention 
of aliens. 
Sec. 3721. Powers of immigration officers and employees at sensitive locations. 
Subtitle H—Protection of Children Affected by Immigration Enforcement 
Sec. 3801. Short title. 
Sec. 3802. Definitions. 
Sec. 3803. Apprehension procedures for immigration enforcement-related activi-
ties. 
Sec. 3804. Access to children, State and local courts, child welfare agencies, 
and consular officials. 
Sec. 3805. Mandatory training. 
Sec. 3806. Rulemaking. 
Sec. 3807. Severability. 
TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS 
Subtitle A—Employment-Based Nonimmigrant Visas 
Sec. 4101. Market-based H–1B visa limits. 
Sec. 4102. Employment authorization for dependents of employment-based non-
immigrants. 
Sec. 4103. Eliminating impediments to worker mobility. 
Sec. 4104. STEM education and training. 
Sec. 4105. H–1B and L visa fees. 
Subtitle B—H–1B Visa Fraud and Abuse Protections 
CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS 
Sec. 4211. Modification of application requirements. 
Sec. 4212. Requirements for admission of nonimmigrant nurses in health pro-
fessional shortage areas. 
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Sec. 4213. New application requirements. 
Sec. 4214. Application review requirements. 
CHAPTER 2—INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H– 
1B EMPLOYERS 
Sec. 4221. General modification of procedures for investigation and disposition. 
Sec. 4222. Investigation, working conditions, and penalties. 
Sec. 4223. Initiation of investigations. 
Sec. 4224. Information sharing. 
Sec. 4225. Transparency of high-skilled immigration programs. 
CHAPTER 3—OTHER PROTECTIONS 
Sec. 4231. Posting available positions through the Department of Labor. 
Sec. 4232. Requirements for information for H–1B and L nonimmigrants. 
Sec. 4233. Filing fee for H–1B-dependent employers. 
Sec. 4234. Providing premium processing of employment-based visa petitions. 
Sec. 4235. Technical correction. 
Sec. 4236. Application. 
Sec. 4237. Portability for beneficiaries of immigrant petitions. 
Subtitle C—L Visa Fraud and Abuse Protections 
Sec. 4301. Prohibition on outplacement of L nonimmigrants. 
Sec. 4302. L employer petition requirements for employment at new offices. 
Sec. 4303. Cooperation with Secretary of State. 
Sec. 4304. Limitation on employment of L nonimmigrants. 
Sec. 4305. Filing fee for L nonimmigrants. 
Sec. 4306. Investigation and disposition of complaints against L nonimmigrant 
employers. 
Sec. 4307. Penalties. 
Sec. 4308. Prohibition on retaliation against L nonimmigrants. 
Sec. 4309. Reports on L nonimmigrants. 
Sec. 4310. Application. 
Sec. 4311. Report on L blanket petition process. 
Subtitle D—Other Nonimmigrant Visas 
Sec. 4401. Nonimmigrant visas for students. 
Sec. 4402. Classification for specialty occupation workers from free trade coun-
tries. 
Sec. 4403. E-visa reform. 
Sec. 4404. Other changes to nonimmigrant visas. 
Sec. 4405. Treatment of nonimmigrants during adjudication of application. 
Sec. 4406. Nonimmigrant elementary and secondary school students. 
Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee. 
Sec. 4408. J visa eligibility for speakers of certain foreign languages. 
Sec. 4409. F–1 visa fee. 
Sec. 4410. Pilot program for remote B nonimmigrant visa interviews. 
Sec. 4411. Providing consular officers with access to all terrorist databases and 
requiring heightened scrutiny of applications for admission 
from persons listed on terrorist databases. 
Sec. 4412. Visa revocation information. 
Sec. 4413. Status for certain battered spouses and children. 
Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii. 
Sec. 4415. Treatment of compact of free association migrants. 
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Subtitle E—JOLT Act 
Sec. 4501. Short titles. 
Sec. 4502. Premium processing. 
Sec. 4503. Encouraging Canadian tourism to the United States. 
Sec. 4504. Retiree visa. 
Sec. 4505. Incentives for foreign visitors visiting the United States during low 
peak seasons. 
Sec. 4506. Visa waiver program enhanced security and reform. 
Sec. 4507. Expediting entry for priority visitors. 
Sec. 4508. Visa processing. 
Sec. 4509. B visa fee. 
Subtitle F—Reforms to the H–2B Visa Program 
Sec. 4601. Extension of returning worker exemption to H–2B numerical limita-
tion. 
Sec. 4602. Other requirements for H–2B employers. 
Sec. 4603. Executives and managers. 
Sec. 4604. Honoraria. 
Sec. 4605. Nonimmigrants participating in relief operations. 
Sec. 4606. Nonimmigrants performing maintenance on common carriers. 
Sec. 4607. American jobs in American forests. 
Subtitle G—W Nonimmigrant Visas 
Sec. 4701. Bureau of Immigration and Labor Market Research. 
Sec. 4702. Nonimmigrant classification for W nonimmigrants. 
Sec. 4703. Admission of W nonimmigrant workers. 
Subtitle H—Investing in New Venture, Entrepreneurial Startups, and 
Technologies 
Sec. 4801. Nonimmigrant INVEST visas. 
Sec. 4802. INVEST immigrant visa. 
Sec. 4803. Administration and oversight. 
Sec. 4804. Permanent authorization of EB–5 Regional Center Program. 
Sec. 4805. Conditional permanent resident status for certain employment-based 
immigrants, spouses, and children. 
Sec. 4806. EB–5 visa reforms. 
Sec. 4807. Authorization of appropriations. 
Subtitle I—Student and Exchange Visitor Programs 
Sec. 4901. Short title. 
Sec. 4902. SEVIS and SEVP defined. 
Sec. 4903. Increased criminal penalties. 
Sec. 4904. Accreditation requirement. 
Sec. 4905. Other academic institutions. 
Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements. 
Sec. 4907. Visa fraud. 
Sec. 4908. Background checks. 
Sec. 4909. Revocation of authority to issue Form I–20 of flight schools not cer-
tified by the Federal Aviation Administration. 
Sec. 4910. Revocation of accreditation. 
Sec. 4911. Report on risk assessment. 
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Sec. 4912. Implementation of GAO recommendations. 
Sec. 4913. Implementation of SEVIS II. 
SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS. 
Congress makes the following findings: 
(1) The passage of this Act recognizes that the 
primary tenets of its success depend on securing the 
sovereignty of the United States of America and es-
tablishing a coherent and just system for integrating 
those who seek to join American society. 
(2) We have a right, and duty, to maintain and 
secure our borders, and to keep our country safe and 
prosperous. As a Nation founded, built and sus-
tained by immigrants we also have a responsibility 
to harness the power of that tradition in a balanced 
way that secures a more prosperous future for 
America. 
(3) We have always welcomed newcomers to the 
United States and will continue to do so. But in 
order to qualify for the honor and privilege of even-
tual citizenship, our laws must be followed. The 
world depends on America to be strong—economi-
cally, militarily and ethically. The establishment of a 
stable, just, and efficient immigration system only 
supports those goals. As a Nation, we have the right 
and responsibility to make our borders safe, to es-
tablish clear and just rules for seeking citizenship, to 
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control the flow of legal immigration, and to elimi-
nate illegal immigration, which in some cases has be-
come a threat to our national security. 
(4) All parts of this Act are premised on the 
right and need of the United States to achieve these 
goals, and to protect its borders and maintain its 
sovereignty. 
SEC. 3. REPORTS ON CURRENT BORDER SECURITY STATUS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, every 180 days there-
after until the Comptroller General of the United States 
reports on the results of the review described in section 
4(c)(7)(B)(ii), and every 365 days after the date of such 
report, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees and the Gov-
ernment Accountability Office a report that assesses and 
describes the state of situational awareness and oper-
ational control. Such reports shall include an identification 
of 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 re-
ceiving the initial report required under subsection (a), the 
Comptroller General of the United States shall report to 
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the appropriate congressional committees regarding the 
verification of the data and methodology used to determine 
high traffic areas and the illegal border crossing effective-
ness rate. 
SEC. 4. BORDER SECURITY METRICS AND GOALS. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate. 
(2) BORDER SECURITY RESULTS STRATEGY.— 
The term ‘‘Border Security Results Strategy’’ means 
the strategy established by the Secretary pursuant 
to section 6. 
(3) 
COCAINE
REMOVAL
EFFECTIVENESS 
RATE.—The term ‘‘cocaine removal effectiveness 
rate’’ means the percentage that results from divid-
ing the amount of cocaine removed by the Depart-
ment of Homeland Security’s maritime security com-
ponents inside or outside a transit zone, as the case 
may be, by the total documented cocaine flow rate 
as contained in Federal drug databases. 
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(4) CONSEQUENCE
DELIVERY
SYSTEM.—The 
term ‘‘Consequence Delivery System’’ means the se-
ries of consequences applied to persons illegally en-
tering the United States by the Border Patrol to 
prevent illegal border crossing recidivism. 
(5) 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. 
(6) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ means sectors along the northern and 
southern borders of the United States that are with-
in the responsibility of the Border Patrol that have 
the most illicit cross-border activity, informed 
through situational awareness. 
(7) ILLEGAL
BORDER
CROSSING
EFFECTIVE-
NESS RATE.—The term ‘‘illegal border crossing ef-
fectiveness 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 standard-
ized manner across all Border Patrol sectors. 
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(8) MAJOR VIOLATOR.—The term ‘‘major viola-
tor’’ 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 re-
sult in arrest. 
(9) OPERATIONAL CONTROL.—The term ‘‘oper-
ational 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. 
(10) 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 fu-
ture shifts in such threats and trends. 
(11) TRANSIT ZONE.—The term ‘‘transit zone’’ 
means the sea corridors of the western Atlantic 
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Ocean, the Gulf of Mexico, the Caribbean Sea, and 
the eastern Pacific Ocean through which undocu-
mented migrants and illicit drugs transit, either di-
rectly or indirectly, to the United States. 
(12) 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. 
(b) BORDER SECURITY GOAL.—The Department’s 
border security goal is to gain and maintain situational 
awareness, and operational control of high traffic areas 
and operational control along the southwest border of the 
United States. 
(c) METRICS.— 
(1) METRICS FOR SECURING THE BORDER BE-
TWEEN PORTS OF ENTRY.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall implement 
metrics, informed by situational awareness, to meas-
ure the effectiveness of security between ports of 
entry, which shall include, at a minimum, the fol-
lowing: 
(A) An illegal border crossing effectiveness 
rate, informed by situational awareness. 
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(B) 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 five fiscal years. 
(C) A cocaine seizure effectiveness rate 
measured as a percentage that results from di-
viding the amount of cocaine seized by the Bor-
der Patrol by the total documented cocaine flow 
rate as contained in Federal drug databases. 
(D) Estimates, using alternative meth-
odologies, including recidivism data, survey 
data, known-flow data, and technologically 
measured data, of total attempted illegal border 
crossings, total deaths and injuries resulting 
from such attempted illegal border crossings, 
the rate of apprehension of attempted illegal 
border crossers, and the inflow into the United 
States of illegal border crossers who evade ap-
prehension. 
(E) Estimates of the impact of the Border 
Patrol’s Consequence Delivery System on the 
rate of recidivism of illegal border crossers. 
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(2) METRICS FOR SECURING THE BORDER AT 
PORTS OF ENTRY.— 
(A) 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 secu-
rity at ports of entry, which shall include, at a 
minimum, the following: 
(i) An inadmissible border crossing 
rate which measures the number of known 
inadmissible border crossers who are ap-
prehended, 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. 
(ii) 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 
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Protection for the immediately preceding 
five fiscal years. 
(iii) A cocaine seizure effectiveness 
rate measured as a percentage that results 
from dividing the amount of cocaine seized 
by U.S. Customs and Border Protection by 
the total documented cocaine flow rate as 
contained in Federal drug databases. 
(iv) 
Estimates, 
using 
alternative 
methodologies, including survey data and 
randomized secondary screening data, of 
total attempted inadmissible border cross-
ers, the rate of apprehension of attempted 
inadmissible border crossers, and the in-
flow into the United States of inadmissible 
border crossers who evade apprehension. 
(v) 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. 
(vi) A measurement of how border se-
curity operations affect crossing times. 
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(B) COVERT
TESTING.—The Inspector 
General of the Department of Homeland Secu-
rity shall carry out covert testing at ports of 
entry and submit to the Secretary of Homeland 
Security and the appropriate congressional com-
mittees a report that contains the results of 
such testing. The Secretary shall use such re-
sults to inform activities under this subsection. 
(3) METRICS
FOR
SECURING
THE
MARITIME 
BORDER.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Home-
land Security shall implement metrics, informed by 
situational awareness, to measure the effectiveness 
of security in the maritime environment, which shall 
include, at a minimum, the following: 
(A) An estimate of the total number of un-
documented migrants the Department of Home-
land Security’s maritime security components 
fail to interdict. 
(B) An undocumented migrant interdiction 
rate which measures the number of undocu-
mented migrants interdicted against the total 
estimated number of undocumented migrants 
the Department of Homeland Security’s mari-
time security components fail to interdict. 
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(C) An illicit drugs removal rate which 
measures the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components inside a 
transit zone in any fiscal year compared to an 
average of the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components inside a 
transit zone for the immediately preceding five 
fiscal years. 
(D) An illicit drugs removal rate which 
measures the amount of illicit drugs removed by 
the Department of Homeland Security’s mari-
time security components outside a transit zone 
in any fiscal year compared to an average of 
the amount of illicit drugs removed by the De-
partment of Homeland Security’s maritime se-
curity components outside a transit zone for the 
immediately preceding five fiscal years. 
(E) A cocaine removal effectiveness rate 
inside a transit zone. 
(F) A cocaine removal effectiveness rate 
outside a transit zone. 
(G) A response rate which measures the 
Department of Homeland Security’s ability to 
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respond to and resolve known maritime threats, 
both inside and outside a transit zone, by plac-
ing assets on-scene, compared to the total num-
ber of events with respect to which the Depart-
ment has known threat information. 
(4) COLLABORATION.—The Secretary of Home-
land Security shall collaborate with the head of a na-
tional laboratory within the Department of Home-
land Security laboratory network with prior exper-
tise in border security and the head of a border se-
curity university-based center within the Department 
of Homeland Security centers of excellence network 
to develop the metrics required under paragraphs 
(1), (2), and (3) to ensure the suitability and statis-
tical validity of each such metric. Such collaboration 
shall also include consultation by the Secretary with 
the Governors of every border State and representa-
tives of the Border Patrol and U.S. Customs and 
Border Protection. 
(5) RECOMMENDATIONS RELATING TO CERTAIN 
OTHER METRICS.—In carrying out paragraph (4), 
the head of the national laboratory and the head of 
a border security university-based center referred to 
in such subsection shall make recommendations to 
the Secretary of Homeland Security for other suit-
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able metrics that may be used to measure the effec-
tiveness of border security. 
(6) EVALUATION
BY
THE
GOVERNMENT
AC-
COUNTABILITY OFFICE.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security shall make available to the 
Government Accountability Office the data and 
methodology used to develop the metrics imple-
mented under paragraphs (1), (2), and (3). 
(B) REPORT.—Not later than 270 days 
after receiving the data and methodology re-
ferred to in subparagraph (A), the Comptroller 
General of the United States shall submit to 
the appropriate congressional committees a re-
port on the suitability and statistical validity of 
such data and methodology. 
(7) CERTIFICATIONS AND REPORTS RELATING 
TO OPERATIONAL CONTROL.— 
(A) BY
THE
SECRETARY
OF
HOMELAND 
SECURITY.— 
(i) TWO YEARS.—If the Secretary of 
Homeland Security determines that situa-
tional awareness and operational control of 
high traffic areas have been achieved by 
the date that is not later than two years 
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after the date of the submission of the im-
plementation plan required under section 
6(c), the Secretary shall submit to the ap-
propriate congressional committees and the 
Comptroller General of the United States a 
certification that so attests. 
(ii) FIVE YEARS.—If the Secretary of 
Homeland Security determines that oper-
ational control along the southwest border 
of the United States has been achieved by 
the date that is not later than five years 
after the date of the submission of the im-
plementation plan required under section 
6(c), the Secretary shall submit to the ap-
propriate congressional committees and the 
Comptroller General of the United States a 
certification that so attests. 
(iii) ANNUAL UPDATES.—Every year 
beginning with the year after the Secretary 
of Homeland Security submits the certifi-
cation under clause (ii), if the Secretary 
determines that operational control along 
the southwest border of the United States 
is being maintained, the Secretary shall 
submit to the appropriate congressional 
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committees and the Comptroller General of 
the United States a certification that so 
attests. 
(B) BY THE COMPTROLLER GENERAL.— 
(i) REVIEWS.—The Comptroller Gen-
eral of the United States shall review the 
certifications of the Secretary of Homeland 
Security under clauses (i), (ii), and (iii) of 
subparagraph (A) to assess the certifi-
cations of the Secretary relating to the 
achievement of situational awareness, oper-
ational control, or both, as the case may 
be, in accordance with such clauses. 
(ii) REPORTS.—Not later than 120 
days after conducting the reviews described 
in clause (i), the Comptroller General of 
the United States shall submit to the ap-
propriate congressional committees a re-
port on the results of each such review. 
(8) FAILURE TO ACHIEVE SITUATIONAL AWARE-
NESS 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 clauses (i) and (ii) of paragraph (7)(A), as the 
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case may be, or if the Secretary determines that 
operational control is not being annually maintained 
pursuant to clause (iii) of such paragraph, the Sec-
retary shall, not later than 60 days after such dates, 
submit to the appropriate congressional committees 
a report that describes why situational awareness or 
operational control, or both, as the case may be, was 
not achieved. Such report shall include, at a min-
imum, impediments incurred, potential remedies, 
and recommendations to achieve situational aware-
ness, operational control, or both, as the case may 
be. 
(9) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT
ON
BORDER
SECURITY
DUPLICATION
AND 
COST
EFFECTIVENESS.—Not later than one year 
after the date of the enactment of this Act, the 
Comptroller General of the United States shall sub-
mit to the appropriate congressional committees a 
report addressing areas of overlap in responsibilities 
within the border security functions of the Depart-
ment of Homeland Security and the relative cost ef-
fectiveness of border security strategies, including 
deployment of additional personnel and technology, 
and construction of virtual and physical barriers. 
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SEC. 5. SOUTHERN BORDER SECURITY COMMISSION. 
(a) ESTABLISHMENT.—If the Secretary certifies that 
the Department has not achieved the border security goal 
described in section 4(b) during any fiscal year beginning 
before the date that is 5 years after the date of the enact-
ment of this Act, not later than 60 days after such certifi-
cation, there shall be established a commission to be 
known as the ‘‘Southern Border Security Commission’’ 
(referred to in this section as the ‘‘Commission’’). 
(b) COMPOSITION.— 
(1) IN
GENERAL.—The Commission shall be 
composed of— 
(A) 2 members who shall be appointed by 
the President; 
(B) 2 members who shall be appointed by 
the President pro tempore of the Senate, of 
which— 
(i) 1 shall be appointed upon the rec-
ommendation of the leader in the Senate of 
the political party that is not the political 
party of the President; and 
(ii) 1 shall be appointed upon the rec-
ommendation of the leader in the Senate of 
the other political party; 
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later than 60 days after the Secretary makes a cer-
tification described in subsection (a). 
(4) CHAIR.—At the first meeting of the Com-
mission, a majority of the members of the Commis-
sion present and voting shall elect the Chair of the 
Commission. 
(5) VACANCIES.—Any vacancy of the Commis-
sion shall not affect its powers, but shall be filled in 
the manner in which the original appointment was 
made. 
(6) RULES.—The Commission shall establish 
the rules and procedures of the Commission which 
shall require the approval of at least 6 members of 
the Commission. 
(c) DUTIES.—The Commission’s primary responsi-
bility shall be to make recommendations to the President, 
the Secretary, and Congress on policies to achieve and 
maintain the border security goal specified in section 3(b) 
by achieving and maintaining— 
(1) the capability to engage in, and engaging in, 
persistent surveillance in border sectors along the 
Southern border; and 
(2) an effectiveness rate of 90 percent or higher 
in all border sectors along the Southern border. 
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(d) REPORT.—Not later than 180 days after the end 
of the 5-year period described in subsection (a), the Com-
mission shall submit to the President, the Secretary, and 
Congress a report setting forth specific recommendations 
for policies for achieving and maintaining the border secu-
rity goals specified in subsection (c). The report shall in-
clude, at a minimum, recommendations for the personnel, 
infrastructure, technology, and other resources required to 
achieve and maintain an effectiveness rate of 90 percent 
or higher in all border sectors. 
(e) TRAVEL EXPENSES.—Members of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or reg-
ular places of business in the performance of services for 
the Commission. 
(f) ADMINISTRATIVE SUPPORT.—The Secretary shall 
provide the Commission such staff and administrative 
services as may be necessary and appropriate for the Com-
mission to perform its functions. Any employee of the ex-
ecutive branch of Government may be detailed to the Com-
mission without reimbursement to the agency of that em-
ployee and such detail shall be without interruption or loss 
of civil service or status or privilege. 
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(g) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall review the rec-
ommendations in the report submitted under subsection 
(d) in order to determine— 
(1) whether any of the recommendations are 
likely to achieve effective control in all border sec-
tors; 
(2) which recommendations are most likely to 
achieve effective control; and 
(3) whether such recommendations are feasible 
within existing budget constraints. 
(h) TERMINATION.—The Commission shall terminate 
30 days after the date on which the report is submitted 
under subsection (d). 
SEC. 6. BORDER SECURITY RESULTS STRATEGY. 
(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 gaining and maintaining situational aware-
ness, and operational control of high traffic areas, by the 
date that is not later than two years after the date of the 
submission of the implementation plan required under 
subsection (c), and operational control along the southwest 
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border of the United States by the date that is not later 
than five years after such date of submission. 
(b) CONTENTS
OF STRATEGY.—The strategy re-
quired under subsection (a) shall include, at a minimum, 
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 De-
partment of Homeland Security border security com-
ponents and with other appropriate Federal depart-
ments 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, includ-
ing 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. 
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(4) Efforts to detect and prevent terrorists and 
instruments of terrorism from entering the United 
States. 
(5) Efforts to ensure that any new border secu-
rity technology can be operationally integrated with 
existing technologies in use by the Department of 
Homeland Security. 
(6) An assessment of existing efforts and tech-
nologies used for border security and the effect of 
the use 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 tech-
nology that the Secretary of Homeland Security de-
termines necessary. 
(8) Operational coordination of Department of 
Homeland Security border security components. 
(9) Lessons learned from Operation Jumpstart 
and Operation Phalanx. 
(10) Cooperative agreements and information 
sharing with State, local, tribal, territorial, and 
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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 State, local, tribal, and Federal 
law enforcement agencies that have jurisdiction on 
the northern or southern border, or in the maritime 
environment, and from border community stake-
holders (including through public meetings with such 
stakeholders), including representatives from border 
agricultural and ranching organizations and rep-
resentatives 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 stand-
ardized land border inspection technology, such as li-
cense plate readers and RFID readers. 
(13) Staffing requirements for all border secu-
rity functions. 
(14) A prioritized list of research and develop-
ment objectives to enhance the security of the inter-
national land and maritime borders of the United 
States. 
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(15) An assessment of training programs, in-
cluding 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 enforce-
ment 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 op-
erations affect crossing times. 
(18) Metrics required under paragraphs (1), 
(2), and (3) of section 4(c). 
(c) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than 90 days after 
the submission of the strategy required under sub-
section (a), the Secretary of Homeland Security 
shall submit to the appropriate congressional com-
mittees and the Government Accountability Office 
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an implementation plan for each of the Department 
of Homeland Security border security components to 
carry out such strategy. Such implementation plan 
shall, at a minimum— 
(A) specify what protections will be put in 
place to ensure that staffing and resources nec-
essary for the maintenance of operations at 
ports of entry are not diverted to the detriment 
of such operations in favor of operations be-
tween ports of entry; 
(B) include— 
(i) an integrated master schedule and 
cost estimate, including lifecycle costs, for 
the activities contained in such implemen-
tation plan; and 
(ii) a comprehensive border security 
technology plan to improve surveillance ca-
pabilities 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; 
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(V) estimates of operation and 
maintenance costs; 
(VI) an identification of any im-
pediments to the deployment of such 
technologies; and 
(VII) estimates of the relative 
cost effectiveness of various border se-
curity strategies and operations, in-
cluding deployment of personnel and 
technology, and construction of new 
physical and virtual barriers; and 
(C) require consultation with the Secretary 
of the Interior, the Secretary of Agriculture, 
States, local governments, and property owners 
in the United States to minimize the impact on 
the environment, culture, commerce, and qual-
ity of life for the communities and residents lo-
cated near implementation sites. 
(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEW.—Not later than 90 days after receiving the 
implementation plan in accordance with paragraph 
(1), the Comptroller General of the United States 
shall submit to the appropriate congressional com-
mittees a report on such plan. 
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(3) SAVINGS
PROVISION.—Nothing in para-
graph (1) may be construed to— 
(A) create or negate any right of action for 
a State or local government or other person or 
entity affected by that paragraph; or 
(B) affect the eminent domain laws of the 
United States or of any State. 
(4) LIMITATION ON REQUIREMENTS.—Notwith-
standing paragraph (1)(B)(ii)(VII) of this sub-
section, nothing in this subsection shall require the 
Secretary to install fencing, or infrastructure that 
directly results from the installation of such fencing, 
in a particular location along the Southern border, 
if the Secretary determines that the use or place-
ment of such resources is not the most appropriate 
means to achieve and maintain effective control over 
the Southern border at such location. 
(d) PERIODIC UPDATES.—Not later than 180 days 
after the submission of each Quadrennial Homeland Secu-
rity 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 con-
gressional committees an updated— 
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(1) strategy under subsection (a); and 
(2) implementation plan under subsection (c). 
(e) 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 to the appro-
priate congressional committees a report on the following: 
(1) A resource allocation model for current and 
future year staffing requirements that includes opti-
mal staffing levels at all land, air, and sea ports of 
entry, and an explanation of U.S. Customs and Bor-
der Protection methodology for aligning staffing lev-
els 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 man-
power available at all land, air, and sea ports of 
entry and between ports of entry, including the num-
ber of canine and agricultural specialists assigned to 
each such port of entry. 
(3) Detailed information that describes the dif-
ference between the staffing the model suggests and 
the actual staffing at each port of entry and between 
the ports of entry. 
(4) Detailed information that examines both the 
security impacts and competitive impacts of entering 
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into a reimbursement agreement with foreign gov-
ernments for U.S. Customs and Border Protection 
preclearance facilities. 
(f) DEFINITIONS.—The terms in this section have the 
meanings given those terms in section 4. 
SEC. 7. US–VISIT IMPLEMENTATION. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a plan 
to implement immediately a biometric exit capability at 
ports of entry under the US–VISIT program, in accord-
ance with the Enhanced Security and Visa Entry Reform 
Act of 2002 (Public Law 107–173). If the Secretary deter-
mines that development of such a system is not feasible, 
the Secretary shall, not later than 180 days after the date 
of the enactment of this Act, submit to the appropriate 
congressional committees a plan to implement, not later 
than two years after such date of enactment, an alter-
native program to provide the same level of security. 
SEC. 8. ALTERNATE MODEL FOR BORDER SECURITY STRAT-
EGY DEVELOPMENT. 
(a) EFFECTIVE DATE TRIGGERS.— 
(1) DEFINITIONS.—In this section: 
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(A) COMMISSION.—The term ‘‘Commis-
sion’’ means the Southern Border Security 
Commission established pursuant to section 5. 
(B) COMPREHENSIVE SOUTHERN BORDER 
SECURITY STRATEGY.—The term ‘‘Comprehen-
sive Southern Border Security Strategy’’ means 
the strategy established by the Secretary pursu-
ant to subsection (b)(1) to achieve and main-
tain an effectiveness rate of 90 percent or high-
er in all border sectors. 
(C) EFFECTIVE CONTROL.—The term ‘‘ef-
fective control’’ means the ability to achieve and 
maintain, in a Border Patrol sector— 
(i) persistent surveillance; and 
(ii) an effectiveness rate of 90 percent 
or higher. 
(D) EFFECTIVENESS
RATE.—The term 
‘‘effectiveness rate’’, in the case of a border sec-
tor, is the percentage calculated by dividing the 
number of apprehensions and turn backs in the 
sector during a fiscal year by the total number 
of illegal entries in the sector during such fiscal 
year. 
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(E) 
SOUTHERN
BORDER.—The 
term 
‘‘Southern border’’ means the international bor-
der between the United States and Mexico. 
(F) SOUTHERN BORDER FENCING STRAT-
EGY.—The term ‘‘Southern Border Fencing 
Strategy’’ means the strategy established by the 
Secretary pursuant to subsection (b)(2) that 
identifies where fencing (including double-layer 
fencing), infrastructure, and technology, includ-
ing at ports of entry, should be deployed along 
the Southern border. 
(2) BORDER
SECURITY
GOAL.—The Depart-
ment’s border security goal is to achieve and main-
tain effective control in all border sectors along the 
Southern border. 
(3) TRIGGERS.— 
(A) PROCESSING
OF
APPLICATIONS
FOR 
REGISTERED
PROVISIONAL
IMMIGRANT
STA-
TUS.—Not earlier than the date upon which the 
Secretary has submitted to Congress the Notice 
of Commencement of implementation of the 
Comprehensive Southern Border Security Strat-
egy and the Southern Border Fencing Strategy 
under section 5 of this Act, the Secretary may 
commence processing applications for registered 
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provisional immigrant status pursuant to sec-
tion 245B of the Immigration and Nationality 
Act, as added by section 2101 of this Act. 
(B) ADJUSTMENT
OF
STATUS
OF
REG-
ISTERED PROVISIONAL IMMIGRANTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Secretary may not adjust 
the status of aliens who have been granted 
registered provisional immigrant status, 
except for aliens granted blue card status 
under section 2201 of this Act or described 
in section 245D(b) of the Immigration and 
Nationality Act, until the Secretary, after 
consultation with the Comptroller General 
of the United States, submits to the Presi-
dent and Congress a written certification 
that— 
(I) the Comprehensive Southern 
Border Security Strategy has been 
submitted to Congress and is substan-
tially deployed and substantially oper-
ational; 
(II) the Southern Border Fenc-
ing Strategy has been submitted to 
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Congress, implemented, and is sub-
stantially completed; 
(III) the Secretary has imple-
mented the mandatory employment 
verification system required by section 
274A of the Immigration and Nation-
ality Act (8 U.S.C.1324a), as amend-
ed by section 3101, for use by all em-
ployers to prevent unauthorized work-
ers from obtaining employment in the 
United States; and 
(IV) the Secretary is using an 
electronic exit system at air and sea 
ports of entry that operates by col-
lecting machine readable visa or pass-
port information from air and vessel 
carriers. 
(ii) EXCEPTION.—The Secretary shall 
permit registered provisional immigrants to 
apply for an adjustment to lawful perma-
nent resident status if— 
(I)(aa) litigation or a force 
majeure has prevented 1 or more of 
the conditions described in subclauses 
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(I) through (IV) of clause (i) from 
being implemented; or 
(bb) the implementation of clause 
(i) has been held unconstitutional by 
the Supreme Court of the United 
States or the Supreme Court has 
granted certiorari to the litigation on 
the constitutionality of implementa-
tion of clause (i); and 
(II) 10 years have elapsed since 
the date of the enactment of this Act. 
(4) WAIVER
OF
LEGAL
REQUIREMENTS
NEC-
ESSARY FOR IMPROVEMENT AT BORDERS.—Notwith-
standing any other provision of law, the Secretary is 
authorized to waive all legal requirements that the 
Secretary determines to be necessary to ensure expe-
ditious construction of the barriers, roads, or other 
physical tactical infrastructure needed to fulfill the 
requirements under this section. Any determination 
by the Secretary under this section shall be effective 
upon publication in the Federal Register of a notice 
that specifies each law that is being waived and the 
Secretary’s explanation for the determination to 
waive that law. The waiver shall expire on the later 
of the date on which the Secretary submits the writ-
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ten certification that the Southern Border Fencing 
Strategy is substantially completed as specified in 
paragraph (3)(B)(i)(II) or the date that the Sec-
retary submits the written certification that the 
Comprehensive Southern Border Security Strategy is 
substantially deployed and substantially operational 
as specified in paragraph (3)(B)(i)(I). 
(5) FEDERAL COURT REVIEW.— 
(A) IN GENERAL.—The district courts of 
the United States shall have exclusive jurisdic-
tion to hear all causes or claims arising from 
any action undertaken, or any decision made, 
by the Secretary under paragraph (4). A cause 
of action or claim may only be brought alleging 
a violation of the Constitution of the United 
States. The court does not have jurisdiction to 
hear any claim not specified in this subpara-
graph. 
(B) TIME FOR FILING COMPLAINT.—If a 
cause or claim under subparagraph (A) is not 
filed within 60 days after the date of the con-
tested action or decision by the Secretary, the 
claim shall be barred. 
(C) APPELLATE
REVIEW.—An interlocu-
tory or final judgment, decree, or order of the 
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district court may be reviewed only upon peti-
tion for a writ of certiorari to the Supreme 
Court of the United States. 
(b) COMPREHENSIVE SOUTHERN BORDER SECURITY 
STRATEGY AND SOUTHERN BORDER FENCING STRAT-
EGY.— 
(1) COMPREHENSIVE SOUTHERN BORDER SECU-
RITY STRATEGY.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall submit a strategy, to be 
known as the ‘‘Comprehensive Southern Border 
Security Strategy’’, for achieving and maintain-
ing effective control between the ports of entry 
in all border sectors along the Southern border, 
to— 
(i) the Committee on Homeland Secu-
rity and Governmental Affairs of the Sen-
ate; 
(ii) the Committee on Homeland Se-
curity of the House of Representatives; 
(iii) the Committee on Appropriations 
of the Senate; 
(iv) the Committee on Appropriations 
of the House of Representatives; 
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(v) the Committee on the Judiciary of 
the Senate; 
(vi) the Committee on the Judiciary of 
the House of Representatives; and 
(vii) the Comptroller General of the 
United States. 
(B) 
ELEMENTS.—The 
Comprehensive 
Southern Border Security Strategy shall speci-
fy— 
(i) the priorities that must be met for 
the strategy to be successfully executed; 
(ii) the capabilities that must be ob-
tained to meet each of the priorities re-
ferred to in clause (i), including— 
(I) surveillance and detection ca-
pabilities developed or used by the De-
partment of Defense to increase situa-
tional awareness; and 
(II) the requirement for sta-
tioning 
sufficient 
Border 
Patrol 
agents and Customs and Border Pro-
tection officers between and at ports 
of entry along the Southern border; 
and 
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(iii) the resources, including per-
sonnel, infrastructure, and technology that 
must be procured and successfully de-
ployed to obtain the capabilities referred to 
in clause (ii), including— 
(I) fixed, mobile, and agent port-
able surveillance systems; and 
(II) unarmed, unmanned aerial 
systems and unarmed, fixed-wing air-
craft and necessary and qualified staff 
and equipment to fully utilize such 
systems. 
(C) ADDITIONAL
ELEMENTS
REGARDING 
EXECUTION.—The 
Comprehensive 
Southern 
Border Security Strategy shall describe— 
(i) how the resources referred to in 
subparagraph (B)(iii) will be properly 
aligned with the priorities referred to in 
subparagraph (B)(i) to ensure that the 
strategy will be successfully executed; 
(ii) the interim goals that must be ac-
complished to successfully implement the 
strategy; and 
(iii) the schedule and supporting mile-
stones under which the Department will 
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accomplish the interim goals referred to in 
clause (ii). 
(D) IMPLEMENTATION.— 
(i) IN GENERAL.—The Secretary shall 
commence the implementation of the Com-
prehensive 
Southern 
Border 
Security 
Strategy immediately after submitting the 
strategy under subparagraph (A). 
(ii) NOTICE
OF
COMMENCEMENT.— 
Upon commencing the implementation of 
the strategy, the Secretary shall submit a 
notice of commencement of such implemen-
tation to— 
(I) Congress; and 
(II) the Comptroller General of 
the United States. 
(E) SEMIANNUAL REPORTS.— 
(i) IN GENERAL.—Not later than 180 
days after the Comprehensive Southern 
Border Security Strategy is submitted 
under subparagraph (A), and every 180 
days thereafter, the Secretary shall submit 
a report on the status of the Department’s 
implementation of the strategy to— 
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(I) the Committee on Homeland 
Security and Governmental Affairs of 
the Senate; 
(II) the Committee on Homeland 
Security of the House of Representa-
tives; 
(III) the Committee on Appro-
priations of the Senate; 
(IV) the Committee on Appro-
priations of the House of Representa-
tives; 
(V) the Committee on the Judici-
ary of the Senate; 
(VI) the Committee on the Judi-
ciary of the House of Representatives; 
and 
(VII) the Comptroller General of 
the United States. 
(ii) ELEMENTS.—Each report sub-
mitted under clause (i) shall include— 
(I) a detailed description of the 
steps the Department has taken, or 
plans to take, to execute the strategy 
submitted under subparagraph (A), 
including the progress made toward 
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achieving the interim goals and mile-
stone schedule established pursuant to 
clauses (ii) and (iii) of subparagraph 
(C); 
(II) a detailed description of— 
(aa) any impediments identi-
fied in the Department’s efforts 
to execute the strategy; 
(bb) the actions the Depart-
ment has taken, or plans to take, 
to address such impediments; 
and 
(cc) any additional measures 
developed by the Department to 
measure the state of security 
along the Southern border; and 
(III) for each Border Patrol sec-
tor along the Southern border— 
(aa) the effectiveness rate 
for each individual Border Patrol 
sector and the aggregated effec-
tiveness rate; 
(bb) the number of recidivist 
apprehensions, sorted by Border 
Patrol sector; and 
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(cc) the recidivism rate for 
all unique subjects that received. 
(iii) ANNUAL
REVIEW.—The Comp-
troller General of the United States shall 
conduct an annual review of the informa-
tion contained in the semiannual reports 
submitted by the Secretary under this 
paragraph and submit an assessment of 
the status and progress of the Southern 
Border Security Strategy to the commit-
tees set forth in clause (i). 
(2) SOUTHERN BORDER FENCING STRATEGY.— 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall establish a strategy, to 
be known as the ‘‘Southern Border Fencing 
Strategy’’, to identify where fencing (including 
double-layer fencing), infrastructure, and tech-
nology, including at ports of entry, should be 
deployed along the Southern border. 
(B) SUBMISSION.—The Secretary shall 
submit the Southern Border Fencing Strategy 
to Congress and the Comptroller General of the 
United States for review. 
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(C) NOTICE
OF
COMMENCEMENT.—Upon 
commencing the implementation of the South-
ern Border Fencing Strategy, the Secretary 
shall submit a notice of commencement of the 
implementation of the Strategy to Congress and 
the Comptroller General of the United States. 
(D) CONSULTATION.— 
(i) IN
GENERAL.—In implementing 
the Southern Border Fencing Strategy re-
quired by this paragraph, the Secretary 
shall consult with the Secretary of the In-
terior, the Secretary of Agriculture, States, 
local governments, Indian tribes, and prop-
erty owners in the United States to mini-
mize the impact on the environment, cul-
ture, commerce, and quality of life for the 
communities and residents located near the 
sites at which such fencing is to be con-
structed. 
(ii) SAVINGS PROVISION.—Nothing in 
this subparagraph may be construed to— 
(I) create or negate any right of 
action for a State or local government 
or other person or entity affected by 
this subsection; or 
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(II) affect the eminent domain 
laws of the United States or of any 
State. 
(E) LIMITATION
ON
REQUIREMENTS.— 
Notwithstanding subparagraph (A), nothing in 
this subsection shall require the Secretary to in-
stall fencing, or infrastructure that directly re-
sults from the installation of such fencing, in a 
particular location along the Southern border, if 
the Secretary determines that the use or place-
ment of such resources is not the most appro-
priate means to achieve and maintain effective 
control over the Southern border at such loca-
tion. 
SEC. 9. COMPREHENSIVE IMMIGRATION REFORM FUNDS. 
(a) COMPREHENSIVE IMMIGRATION REFORM TRUST 
FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury a separate account, to be known as the 
Comprehensive Immigration Reform Trust Fund 
(referred to in this section as the ‘‘Trust Fund’’), 
consisting of— 
(A) amounts transferred from the general 
fund of the Treasury under paragraph (2)(A); 
and 
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(B) proceeds from the fees described in 
paragraph (2)(B). 
(2) DEPOSITS.— 
(A) INITIAL
FUNDING.—On the later of 
the date of the enactment of this Act or Octo-
ber 1, 2013, $8,300,000,000 shall be trans-
ferred from the general fund of the Treasury to 
the Trust Fund. 
(B) ONGOING FUNDING.—Notwithstanding 
section 3302 of title 31, United States Code, in 
addition to the funding described in subpara-
graph (A), and subject to paragraphs (3)(B) 
and (4), the following amounts shall be depos-
ited in the Trust Fund: 
(i) ELECTRONIC TRAVEL AUTHORIZA-
TION SYSTEM FEES.—Fees collected under 
section 217(h)(3)(B)(i)(II) of the Immigra-
tion and Nationality Act, as added by sec-
tion 1102(c). 
(ii) REGISTERED PROVISIONAL IMMI-
GRANT
PENALTIES.—Penalties 
collected 
under section 245B(c)(10)(C) of the Immi-
gration and Nationality Act, as added by 
section 2101. 
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(iii) BLUE CARD PENALTY.—Penalties 
collected under section 2211(b)(9)(C). 
(iv) FINE
FOR
ADJUSTMENT
FROM 
BLUE
CARD
STATUS.—Fines 
collected 
under section 245F(a)(5) of the Immigra-
tion and Nationality Act, as added by sec-
tion 2212(a). 
(v) PENALTIES
FOR
FALSE
STATE-
MENTS IN APPLICATIONS.—Fines collected 
under section 245F(f) of the Immigration 
and Nationality Act, as added by section 
2212(a). 
(vi) MERIT
SYSTEM
GREEN
CARD 
FEES.—Fees 
collected 
under 
section 
203(c)(6) of the Immigration and Nation-
ality 
Act, 
as 
amended 
by 
section 
2301(a)(2). 
(vii) H–1B AND L VISA FEES.—Fees 
collected under section 281(d) of the Immi-
gration and Nationality Act, as added by 
section 4105. 
(viii) H–1B OUTPLACEMENT
FEE.— 
Fees 
collected 
under 
section 
212(n)(1)(F)(ii) of the Immigration and 
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Nationality Act, as amended by section 
4211(d). 
(ix) H–1B NONIMMIGRANT DEPEND-
ENT
EMPLOYER
FEES.—Fees collected 
under section 4233(a)(2). 
(x) L NONIMMIGRANT
DEPENDENT 
EMPLOYER
FEES.—Fees collected under 
section 4305(a)(2). 
(xi) J–1 VISA
MITIGATION
FEES.— 
Fees collected under section 281(e) of the 
Immigration and Nationality Act, as added 
by section 4407. 
(xii) F–1 VISA FEES.—Fees collected 
under section 281(f) of the Immigration 
and Nationality Act, as added by section 
4408. 
(xiii) RETIREE VISA FEES.—Fees col-
lected under section 214(w)(1)(B) of the 
Immigration and Nationality Act, as added 
by section 4504(b). 
(xiv) VISITOR VISA FEES.—Fees col-
lected under section 281(g) of the Immi-
gration and Nationality Act, as added by 
section 4509. 
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(xv) H–2B VISA
FEES.—Fees col-
lected under section 214(x)(5)(A) of the 
Immigration and Nationality Act, as added 
by section 4602(a). 
(xvi) NONIMMIGRANTS
PERFORMING 
MAINTENANCE
ON
COMMON
CARRIERS.— 
Fees collected under section 214(z) of the 
Immigration and Nationality Act, as added 
by section 4604. 
(xvii) X–1 VISA FEES.—Fees collected 
under section 214(s)(6) of the Immigration 
and Nationality Act, as added by section 
4801. 
(xviii) PENALTY
FOR
ADJUSTMENT 
FROM
REGISTERED
PROVISIONAL
IMMI-
GRANT STATUS.—Penalties collected under 
section 245C(c)(5)(B) of the Immigration 
and Nationality Act, as added by section 
2102. 
(C) AUTHORITY
TO
ADJUST
FEES.—As 
necessary to carry out the purposes of this Act, 
the Secretary may adjust the amounts of the 
fees and penalties set out under subparagraph 
(B), except for the fines and penalties referred 
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to in clauses (ii), (iii), (iv), or (xviii) of such 
subparagraph. 
(3) USE OF FUNDS.— 
(A) INITIAL
FUNDING.—Of the amounts 
transferred to the Trust Fund pursuant to 
paragraph (2)(A)— 
(i) $3,000,000,000 shall remain avail-
able for the 5-year period beginning on the 
date specified in paragraph (2)(A) for use 
by the Secretary to carry out the Border 
Security Results Strategy; 
(ii) 
$2,000,000,000 
shall 
remain 
available for the 10-year period beginning 
on the date specified in paragraph (2)(A) 
for use by the Secretary to carry out pro-
grams, 
projects, 
and 
activities 
rec-
ommended by the Commission pursuant to 
section 5(d) to achieve and maintain the 
border security goal specified in section 
4(b); 
(iii) $1,500,000,000 shall be made 
available to the Secretary, during the 5- 
year period beginning on the date of the 
enactment of this Act, to procure and de-
ploy fencing, infrastructure, personnel, and 
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technology in accordance with the Border 
Security Results Strategy established pur-
suant 
to 
section 
6, 
not 
less 
than 
$1,000,000,000 of which shall be used for 
fencing, infrastructure, personnel, and 
technology at ports of entry in accordance 
with section 6(c)(1)(A); 
(iv) $750,000,000 shall remain avail-
able for the 6-year period beginning on the 
date specified in paragraph (2)(A) for use 
by the Secretary to expand and implement 
the mandatory employment verification 
system, which shall be used as required by 
section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a), as amend-
ed by section 3101; 
(v) $900,000,000 shall remain avail-
able for the 8-year period beginning on the 
date specified in paragraph (2)(A) for use 
by the Secretary of State to pay for one- 
time and startup costs necessary to imple-
ment this Act; and 
(vi) $150,000,000 shall remain avail-
able for the 2-year period beginning on the 
date specified in paragraph (2)(A) for use 
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by the Secretary for transfer to the Sec-
retary of Labor, the Secretary of Agri-
culture, or the Attorney General, for initial 
costs of implementing this Act. 
(B) REPAYMENT
OF
TRUST
FUND
EX-
PENSES.—The first $8,300,000,000 collected 
pursuant to the fees, penalties, and fines re-
ferred to in clauses (ii), (iii), (iv), (vi), (xiii), 
(xvii), and (xviii) of paragraph (2)(B) shall be 
collected, deposited in the general fund of the 
Treasury, and used for Federal budget deficit 
reduction. 
Collections 
in 
excess 
of 
$8,300,000,000 shall be deposited into the 
Trust Fund, as specified in paragraph (2)(B). 
(C) 
PROGRAM
IMPLEMENTATION.— 
Amounts deposited into the Trust Fund pursu-
ant to paragraph (2)(B) shall be available dur-
ing each of fiscal years 2014 through 2018 as 
follows: 
(i) $50,000,000 to carry out the ac-
tivities referenced in section 1104(a)(1). 
(ii) $50,000,000 to carry out the ac-
tivities referenced in section 1104(b). 
(D) ONGOING FUNDING.—Subject to the 
availability of appropriations, amounts depos-
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ited in the Trust Fund pursuant to paragraph 
(2)(B) are authorized to be appropriated as fol-
lows: 
(i) Such sums as may be necessary to 
carry out the authorizations included in 
this Act. 
(ii) Such sums as may be necessary to 
carry out the operations and maintenance 
of border security and immigration en-
forcement investments referenced in sub-
paragraph (A). 
(E) EXPENDITURE PLAN.—The Secretary, 
in consultation with the Attorney General and 
the Secretary of Defense, shall submit to the 
Committee on Appropriations of the Senate, the 
Committee on the Judiciary of the Senate, the 
Committee on Appropriations of the House of 
Representatives, and the Committee on the Ju-
diciary of the House of Representatives, in con-
junction with the Border Security Results 
Strategy, a plan for expenditure that de-
scribes— 
(i) the types and planned deployment 
of fixed, mobile, video, and agent and offi-
cer portable surveillance and detection 
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equipment, including those recommended 
or provided by the Department of Defense; 
(ii) the number of Border Patrol 
agents and Customs and Border Protection 
officers to be hired, including a detailed 
description of which Border Patrol sectors 
and which land border ports of entry they 
will be stationed; 
(iii) the numbers and type of un-
armed, unmanned aerial systems and un-
armed, fixed-wing and rotary aircraft, in-
cluding pilots, air interdiction agents, and 
support staff to fly or otherwise operate 
and maintain the equipment; 
(iv) the numbers, types, and planned 
deployment of marine and riverine vessels, 
if any, including marine interdiction agents 
and support staff to operate and maintain 
the vessels; 
(v) 
the 
locations, 
amount, 
and 
planned deployment of fencing, including 
double layer fencing, tactical and other in-
frastructure, and technology, including but 
not limited to fixed towers, sensors, cam-
eras, and other detection technology; 
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(vi) the numbers, types, and planned 
deployment of ground-based mobile surveil-
lance systems; 
(vii) the numbers, types, and planned 
deployment of tactical and other interoper-
able law enforcement communications sys-
tems and equipment; 
(viii) required construction, including 
repairs, expansion, and maintenance, and 
location of additional checkpoints, Border 
Patrol stations, and forward operating 
bases; 
(ix) the number of additional attor-
neys and support staff for the Office of the 
United States Attorney for Tucson; 
(x) the number of additional support 
staff and interpreters in the Office of the 
Clerk of the Court for Tucson; 
(xi) the number of additional per-
sonnel, including Marshals and Deputy 
Marshals for the United States Marshals 
Office for Tucson; 
(xii) the number of additional mag-
istrate judges for the southern border 
United States District Courts; 
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(xiii) activities to be funded by the 
Homeland Security Border Oversight Task 
Force; 
(xiv) amounts and types of grants to 
States and other entities; 
(xv) amounts and activities necessary 
to hire additional personnel and for start- 
up costs related to upgrading software and 
information technology necessary to transi-
tion from a voluntary E-Verify system to 
mandatory employment verification system 
under section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a) 
within 5 years; 
(xvi) the number of additional per-
sonnel and other costs associated with im-
plementing the immigration courts and re-
moval proceedings mandated in subtitle E 
of title III; 
(xvii) the steps the Commissioner of 
Social Security plans to take to create a 
fraud-resistant, tamper-resistant, wear-re-
sistant, and identity-theft resistant Social 
Security card, including— 
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(I) the types of equipment need-
ed to create the card; 
(II) the total estimated costs for 
completion 
that 
clearly 
delineates 
costs associated with the acquisition 
of equipment and transition to oper-
ation, subdivided by fiscal year and 
including a description of the purpose 
by fiscal year for design, pre-acquisi-
tion activities, production, and transi-
tion to operation; 
(III) the number and type of per-
sonnel, including contract personnel, 
required to research, design, test, and 
produce the card; and 
(IV) a detailed schedule for pro-
duction of the card, including an esti-
mated completion date at the pro-
jected funding level provided in this 
Act; and 
(xviii) the operations and maintenance 
costs associated with the implementation of 
clauses (i) through (xvii). 
(F) ANNUAL REVISION.—The expenditure 
plan required in (E) shall be revised and sub-
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mitted with the President’s budget proposals 
for fiscal year 2016, 2017, 2018, and 2019 
pursuant to the requirements of section 1105(a) 
of title 31, United States Code. 
(G) COMMISSION EXPENDITURE PLAN.— 
(i) REQUIREMENT FOR PLAN.—South-
ern Border Security Commission ref-
erenced in section 5 is established, the Sec-
retary shall submit to the appropriate com-
mittees of Congress, not later than 60 days 
after the submission of the review required 
by section 5(g), a plan for expenditure that 
achieves the recommendations in the report 
required by section 5(d) and the review re-
quired by section 5(g). 
(ii) APPROPRIATE
COMMITTEES
OF 
CONGRESS DEFINED.—clause (i), the term 
‘‘appropriate committees of Congress’’ 
means— 
(I) the Committee on Appropria-
tions, the Committee on the Judiciary, 
and the Committee on Finance of the 
Senate; and 
(II) the Committee on Appropria-
tions, the Committee on the Judiciary, 
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and the Committee on Ways and 
Means of the House of Representa-
tives. 
(4) LIMITATION ON COLLECTION.— 
(A) IN GENERAL.—No fee deposited in the 
Trust Fund may be collected except to the ex-
tent that the expenditure of the fee is provided 
for in advance in an appropriations Act only to 
pay the costs of activities and services for which 
appropriations are authorized to be funded 
from the Trust Fund. 
(B) RECEIPTS COLLECTED AS OFFSETTING 
RECEIPTS.—Until the date of the enactment of 
an Act making appropriations for the activities 
authorized under this Act through September 
30, 2014, the fees authorized by paragraph 
(2)(B) that are not deposited into the general 
fund pursuant to paragraph (3)(B) may be col-
lected and shall be credited as to the Trust 
Fund to remain available until expended only to 
pay the costs of activities and services for which 
appropriations are authorized to be funded 
from the Trust Fund. 
(b) COMPREHENSIVE IMMIGRATION REFORM START-
UP ACCOUNT.— 
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(1) ESTABLISHMENT.—There is established in 
the Treasury a separate account, to be known as the 
‘‘Comprehensive Immigration Reform Startup Ac-
count,’’ (referred to in this section as the ‘‘Startup 
Account’’), consisting of amounts transferred from 
the general fund of the Treasury under paragraph 
(2). 
(2) DEPOSITS.—There is appropriated to the 
Startup Account, out of any funds in the Treasury 
not otherwise appropriated, $3,000,000,000, to re-
main available until expended on the later of the 
date that is— 
(A) the date of the enactment of this Act; 
or 
(B) October 1, 2013. 
(3) REPAYMENT OF STARTUP COSTS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 286(m) of the Immigration and Nationality 
Act (8 U.S.C. 1356(m)), 50 percent of fees col-
lected under section 245B(c)(10)(A) of the Im-
migration and Nationality Act, as added by sec-
tion 2101 of this Act, shall be deposited month-
ly in the general fund of the Treasury and used 
for Federal budget deficit reduction until the 
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funding provided by paragraph (2) has been re-
paid. 
(B) DEPOSIT IN THE IMMIGRATION EXAMI-
NATIONS FEE ACCOUNT.—Fees collected in ex-
cess of the amount referenced in subparagraph 
(A) shall be deposited in the Immigration Ex-
aminations Fee Account, pursuant to section 
286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)), and shall remain available 
until expended pursuant to section 286(n) of 
the Immigration and Nationality Act (8 U.S.C. 
1356(n)). 
(4) USE OF FUNDS.—The Secretary shall use 
the amounts transferred to the Startup Account to 
pay for one-time and startup costs necessary to im-
plement this Act, including— 
(A) equipment, information technology sys-
tems, infrastructure, and human resources; 
(B) outreach to the public, including devel-
opment and promulgation of any regulations, 
rules, or other public notice; 
(C) grants to community and faith-based 
organizations; and 
(D) anti-fraud programs and actions re-
lated to implementation of this Act. 
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(5) EXPENDITURE PLAN.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary, in consultation with the Attorney General 
and the Secretary of Defense, shall submit to the 
Committee on Appropriations and the Committee on 
the Judiciary of the Senate and the Committee on 
Appropriations and the Committee on the Judiciary 
of the House of Representatives, a plan for expendi-
ture of the one-time and startup funds in the Start-
up Account that provides details on— 
(A) the types of equipment, information 
technology systems, infrastructure, and human 
resources; 
(B) the plans for outreach to the public, 
including development and promulgation of any 
regulations, rules, or other public notice; 
(C) the types and amounts of grants to 
community and faith-based organizations; and 
(D) the anti-fraud programs and actions 
related to implementation of this Act. 
(c) ANNUAL AUDITS.— 
(1) AUDITS REQUIRED.—Not later than Octo-
ber 1 each year beginning on or after the date of the 
enactment of this Act, the Chief Financial Officer of 
the Department of Homeland Security shall, in con-
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junction with the Inspector General of the Depart-
ment of Homeland Security, conduct an audit of the 
Trust Fund. 
(2) REPORTS.—Upon completion of each audit 
of the Trust Fund under paragraph (1), the Chief 
Financial Officer shall, in conjunction with the In-
spector General, submit to Congress, and make 
available to the public on an Internet website of the 
Department available to the public, a jointly audited 
financial statement concerning the Trust Fund. 
(3) ELEMENTS.—Each audited financial state-
ment under paragraph (2) shall include the fol-
lowing: 
(A) The report of an independent certified 
public accountant. 
(B) A balance sheet reporting admitted as-
sets, liabilities, capital and surplus. 
(C) A statement of cash flow. 
(D) Such other information on the Trust 
Fund as the Chief Financial Officer, the In-
spector General, or the independent certified 
public accountant considers appropriate to fa-
cilitate a comprehensive understanding of the 
Trust Fund during the year covered by the fi-
nancial statement. 
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(d) DETERMINATION OF BUDGETARY EFFECTS.— 
(1) EMERGENCY DESIGNATION FOR CONGRES-
SIONAL
ENFORCEMENT.—In the Senate, amounts 
appropriated by or deposited in the general fund of 
the Treasury pursuant to this section are designated 
as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
(2) EMERGENCY DESIGNATION FOR STATUTORY 
PAYGO.—Amounts appropriated by or deposited in 
the general fund of the Treasury pursuant to this 
section are designated as an emergency requirement 
under section 4(g) of the Statutory Pay-As-You-Go 
Act of 2010 (Public Law 111–139; 2 U.S.C. 
933(g)). 
SEC. 10. REFERENCE TO THE IMMIGRATION AND NATION-
ALITY ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
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SEC. 11. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—Except as otherwise pro-
vided, the term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
(2) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
SEC. 12. GRANT ACCOUNTABILITY. 
(a) DEFINITIONS.—In this section: 
(1) AWARDING ENTITIES.—The term ‘‘awarding 
entities’’ means the Secretary of Homeland Security, 
the Director of the Federal Emergency Management 
Agency (FEMA), the Chief of the Office of Citizen-
ship and New Americans, as designated by this Act, 
and the Director of the National Science Founda-
tion. 
(2) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization that 
is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and is exempt from taxation 
under section 501(a) of such Code. 
(3) UNRESOLVED AUDIT FINDING.—The term 
‘‘unresolved audit finding’’ means a finding in a 
final audit report conducted by the Inspector Gen-
eral of the Department of Homeland Security, or the 
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Inspector General for the National Science Founda-
tion for grants awarded by the Director of the Na-
tional Science Foundation, that the audited grantee 
has utilized grant funds for an unauthorized expend-
iture or otherwise unallowable cost that is not closed 
or resolved within 1 year from the date when the 
final audit report is issued. 
(b) ACCOUNTABILITY.—All grants awarded by 
awarding entities pursuant to this Act shall be subject to 
the following accountability provisions: 
(1) AUDIT REQUIREMENT.— 
(A) AUDITS.—Beginning in the first fiscal 
year beginning after the date of the enactment 
of this section, and in each fiscal year there-
after, the Inspector General of the Department 
of Homeland Security, or the Inspector General 
for the National Science Foundation for grants 
awarded by the Director of the National 
Science Foundation, shall conduct audits of re-
cipients of grants under this Act to prevent 
waste, fraud, and abuse of funds by grantees. 
The Inspector Generals shall determine the ap-
propriate number of grantees to be audited 
each year. 
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(B) MANDATORY EXCLUSION.—A recipient 
of grant funds under this Act that is found to 
have an unresolved audit finding shall not be el-
igible to receive grant funds under this Act dur-
ing the first 2 fiscal years beginning after the 
end of the 1-year period described in subsection 
(a)(3). 
(C) PRIORITY.—In awarding grants under 
this Act, the awarding entities shall give pri-
ority to eligible applicants that did not have an 
unresolved audit finding during the 3 fiscal 
years before submitting an application for a 
grant under this Act. 
(D) REIMBURSEMENT.—If an entity is 
awarded grant funds under this Act during the 
2-fiscal-year period during which the entity is 
barred from receiving grants under subpara-
graph (B), the awarding entity shall— 
(i) deposit an amount equal to the 
amount of the grant funds that were im-
properly awarded to the grantee into the 
General Fund of the Treasury; and 
(ii) seek to recoup the costs of the re-
payment to the fund from the grant recipi-
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ent that was erroneously awarded grant 
funds. 
(2) 
NONPROFIT
ORGANIZATION
REQUIRE-
MENTS.— 
(A) PROHIBITION.—An awarding entity 
may not award a grant under this Act to a non-
profit organization that holds money in offshore 
accounts for the purpose of avoiding paying the 
tax described in section 511(a) of the Internal 
Revenue Code of 1986. 
(B) DISCLOSURE.—Each nonprofit organi-
zation that is awarded a grant under this Act 
and uses the procedures prescribed in regula-
tions to create a rebuttable presumption of rea-
sonableness for the compensation of its officers, 
directors, trustees, and key employees, shall dis-
close to the awarding entity, in the application 
for the grant, the process for determining such 
compensation, including the independent per-
sons involved in reviewing and approving such 
compensation, the comparability data used, and 
contemporaneous substantiation of the delibera-
tion and decision. Upon request, the awarding 
entity shall make the information disclosed 
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under this subparagraph available for public in-
spection. 
(3) CONFERENCE EXPENDITURES.— 
(A) LIMITATION.—No amounts authorized 
to be appropriated to the Department of Home-
land Security or the National Science Founda-
tion for grant programs under this Act may be 
used by an awarding entity or by any individual 
or entity awarded discretionary funds through a 
cooperative agreement under this Act to host or 
support any expenditure for conferences that 
uses more than $20,000 in funds made avail-
able by the Department of Homeland Security 
or the National Science Foundation unless the 
Deputy Secretary for Homeland Security, or 
the Deputy Director of the National Science 
Foundation, or their designee, provides prior 
written authorization that the funds may be ex-
pended to host the conference. 
(B) WRITTEN
APPROVAL.—Written ap-
proval under subparagraph (A) shall include a 
written estimate of all costs associated with the 
conference, including the cost of all food, bev-
erages, audio-visual equipment, honoraria for 
speakers, and entertainment. 
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(C) REPORT.—The Deputy Secretary of 
Homeland Security and the Deputy Director of 
the National Science Foundation shall submit 
an annual report to Congress on all conference 
expenditures approved under this paragraph. 
(4) ANNUAL CERTIFICATION.—Beginning in the 
first fiscal year beginning after the date of the en-
actment of this subsection, each awarding entity 
shall submit to Congress a report— 
(A) indicating whether— 
(i) all audits issued by the Offices of 
the Inspector General under paragraph (1) 
have been completed and reviewed by the 
appropriate individuals; 
(ii) all mandatory exclusions required 
under paragraph (1)(B) have been issued; 
and 
(iii) 
all 
reimbursements 
required 
under paragraph (1)(D) have been made; 
and 
(B) including a list of any grant recipients 
excluded under paragraph (1) from the previous 
year. 
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TITLE I—BORDER SECURITY 
SEC. 1101. DEFINITIONS. 
In this title: 
(1) NORTHERN BORDER.—The term ‘‘Northern 
border’’ means the international border between the 
United States and Canada. 
(2) RURAL, HIGH-TRAFFICKED
AREAS.—The 
term ‘‘rural, high-trafficked areas’’ means rural 
areas through which drugs and undocumented aliens 
are routinely smuggled, as designated by the Com-
missioner of U.S. Customs and Border Protection. 
(3) SOUTHERN BORDER.—The term ‘‘Southern 
border’’ means the international border between the 
United States and Mexico. 
(4) SOUTHWEST BORDER REGION.—The term 
‘‘Southwest border region’’ means the area in the 
United States that is within 100 miles of the South-
ern border. 
SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
TECTION OFFICERS. 
(a) IN GENERAL.—Not later than September 30, 
2017, the Secretary shall increase the number of trained 
U.S. Customs and Border Protection officers by 3,500, 
compared to the number of such officers as of the date 
of the enactment of this Act. The Secretary shall make 
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progress in increasing such number of officers during each 
of the fiscal years 2014 through 2017. 
(b) CONSTRUCTION.—Nothing in subsection (a) may 
be construed to preclude the Secretary from reassigning 
or stationing U.S. Customs and Border Protection Offi-
cers and U.S. Border Patrol Agents from the Northern 
border to the Southern border. 
(c) FUNDING.—Section 217(h)(3)(B) (8 U.S.C. 
1187(h)(3)(B)) is amended— 
(1) in clause (i)— 
(A) by striking ‘‘No later than 6 months 
after the date of enactment of the Travel Pro-
motion Act of 2009, the’’ and inserting ‘‘The’’; 
(B) in subclause (I), by striking ‘‘and’’ at 
the end; 
(C) by redesignating subclause (II) as sub-
clause (III); and 
(D) by inserting after subclause (I) the fol-
lowing: 
‘‘(II) $16 for border processing; 
and’’; 
(2) in clause (ii), by striking ‘‘Amounts col-
lected under clause (i)(II)’’ and inserting ‘‘Amounts 
collected under clause (i)(II) shall be deposited into 
the Comprehensive Immigration Reform Trust Fund 
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established under section 9(a)(1) of the Border Se-
curity, Economic Opportunity, and Immigration 
Modernization Act. Amounts collected under clause 
(i)(III)’’; and 
(3) by striking clause (iii). 
(d) CORPORATION FOR TRAVEL PROMOTION.—Sec-
tion 9(d)(2)(B) of the Travel Promotion Act of 2009 (22 
U.S.C. 2131(d)(2)(B)) is amended by striking ‘‘For each 
of fiscal years 2012 through 2015,’’ and inserting ‘‘For 
each fiscal year after 2012,’’. 
(e) RECRUITMENT OF FORMER MEMBERS OF THE 
ARMED FORCES AND MEMBERS OF RESERVE COMPO-
NENTS OF THE ARMED FORCES.— 
(1) REQUIREMENT FOR PROGRAM.—The Sec-
retary, in conjunction with the Secretary of Defense, 
shall establish a program to actively recruit members 
of the reserve components of the Armed Forces and 
former members of the Armed Forces, including the 
reserve components, to serve in United States Cus-
toms and Border Protection and United States Im-
migration and Customs Enforcement. 
(2) RECRUITMENT INCENTIVES.— 
(A) STUDENT
LOAN
REPAYMENTS
FOR 
UNITED STATES BORDER PATROL AGENTS WITH 
A THREE-YEAR COMMITMENT.—Section 5379(b) 
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of title 5, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(4) In the case of an employee who is otherwise eligi-
ble for benefits under this section and who is serving as 
a full-time active-duty United States border patrol agent 
within the Department of Homeland Security— 
‘‘(A) paragraph (2)(A) shall be applied by sub-
stituting ‘$20,000’ for ‘$10,000’; and 
‘‘(B) paragraph (2)(B) shall be applied by sub-
stituting ‘$80,000’ for ‘$60,000’.’’. 
(B) RECRUITMENT AND RELOCATION BO-
NUSES AND RETENTION ALLOWANCES FOR PER-
SONNEL OF THE DEPARTMENT OF HOMELAND 
SECURITY.—The Secretary of Homeland Secu-
rity shall ensure that the authority to pay re-
cruitment and relocation bonuses under section 
5753 of title 5, United States Code, the author-
ity to pay retention bonuses under section 5754 
of such title, and any other similar authorities 
available under any other provision of law, rule, 
or regulation, are exercised to the fullest extent 
allowable in order to encourage service in the 
Department of Homeland Security. 
(3) REPORT ON RECRUITMENT INCENTIVES.— 
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(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Secretary and the Secretary of Defense shall 
jointly submit to the appropriate committees of 
Congress a report including an assessment of 
the desirability and feasibility of offering incen-
tives to members of the reserve components of 
the Armed Forces and former members of the 
Armed Forces, including the reserve compo-
nents, for the purpose of encouraging such 
members to serve in United States Customs 
and Border Protection and Immigration and 
Customs Enforcement. 
(B) CONTENT.—The report required by 
subparagraph (A) shall include— 
(i) a description of various monetary 
and non-monetary incentives considered for 
purposes of the report; and 
(ii) an assessment of the desirability 
and feasibility of utilizing any such incen-
tive. 
(4) APPROPRIATE COMMITTEES OF CONGRESS 
DEFINED.—The term ‘‘appropriate committees of 
Congress’’ means— 
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(A) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(B) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Homeland Security of the House of 
Representatives. 
SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 
SOUTHERN BORDER. 
(a) IN GENERAL.—With the approval of the Sec-
retary of Defense, the Governor of a State may order any 
unit or personnel of the National Guard of such State to 
perform operations and missions under section 502(f) of 
title 32, United States Code, in the Southwest Border re-
gion for the purposes of assisting U.S. Customs and Bor-
der Protection in securing the Southern border. 
(b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 
(1) IN GENERAL.—National Guard units and 
personnel deployed under subsection (a) may be as-
signed such operations and missions specified in sub-
section (c) as may be necessary to secure the South-
ern border. 
(2) NATURE OF DUTY.—The duty of National 
Guard personnel performing operations and missions 
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described in paragraph (1) shall be full-time duty 
under title 32, United States Code. 
(c) RANGE OF OPERATIONS AND MISSIONS.—The op-
erations and missions assigned under subsection (b) shall 
include the temporary authority— 
(1) to construct fencing, including double-layer 
and triple-layer fencing; 
(2) to increase ground-based mobile surveillance 
systems; 
(3) to deploy additional unmanned aerial sys-
tems and manned aircraft sufficient to maintain 
continuous surveillance of the Southern border; 
(4) to deploy and provide capability for radio 
communications interoperability between U.S. Cus-
toms and Border Protection and State, local, and 
tribal law enforcement agencies; 
(5) to construct checkpoints along the Southern 
border to bridge the gap to long-term permanent 
checkpoints; and 
(6) to provide assistance to U.S. Customs and 
Border Protection, particularly in rural, high-traf-
ficked areas, as designated by the Commissioner of 
U.S. Customs and Border Protection. 
(d) MATERIEL
AND LOGISTICAL SUPPORT.—The 
Secretary of Defense shall deploy such materiel and equip-
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ment and logistical support as may be necessary to ensure 
success of the operations and missions conducted by the 
National Guard under this section. 
(e) 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. 
SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 
OPERATIONS. 
(a) BORDER CROSSING PROSECUTIONS.— 
(1) IN
GENERAL.—From the amounts made 
available pursuant to the appropriations in para-
graph (3), funds shall be made available— 
(A) to increase the number of border cross-
ing prosecutions in the Tucson Sector of the 
Southwest border region to up to 210 prosecu-
tions per day through increasing funding avail-
able for— 
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(i) attorneys and administrative sup-
port staff in the Office of the United 
States Attorney for Tucson; 
(ii) support staff and interpreters in 
the Office of the Clerk of the Court for 
Tucson; 
(iii) pre-trial services; 
(iv) activities of the Federal Public 
Defender Office for Tucson; and 
(v) additional personnel, including 
Deputy United States Marshals in the 
United States Marshals Office for Tucson 
to perform intake, coordination, transpor-
tation, and court security; and 
(B) reimburse Federal, State, local, and 
tribal law enforcement agencies for any deten-
tion costs related to the border crossing pros-
ecutions carried out pursuant to subparagraph 
(A). 
(2) ADDITIONAL MAGISTRATE JUDGES TO AS-
SIST WITH INCREASED CASELOAD.—The chief judge 
of the United States District Court for the District 
of Arizona is authorized to appoint additional full- 
time magistrate judges, who, consistent with the 
Constitution and laws of the United States, shall 
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have the authority to hear cases and controversies in 
the judicial district in which the respective judges 
are appointed. 
(3) FUNDING.—There are authorized to be ap-
propriated, from the Comprehensive Immigration 
Reform Trust Fund established under section 
9(a)(1), such sums as may be necessary to carry out 
this subsection. 
(b) OPERATION STONEGARDEN.— 
(1) IN
GENERAL.—The Federal Emergency 
Management Agency shall enhance law enforcement 
preparedness and operational readiness along the 
borders of the United States through Operation 
Stonegarden. The amounts available under this 
paragraph are in addition to any other amounts oth-
erwise made available for Operation Stonegarden. 
Not less than 90 percent of the amounts made avail-
able under section 9(a)(3)(C)(ii) shall be allocated 
for grants and reimbursements to law enforcement 
agencies in the States in the Southwest border re-
gion for personnel, overtime, travel, and other costs 
related to combating illegal immigration and drug 
smuggling in the Southwest border region. Alloca-
tions for grants and reimbursements to law enforce-
ment agencies under this paragraph shall be made 
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by the Federal Emergency Management Agency 
through a competitive process. 
(2) FUNDING.—There are authorized to be ap-
propriated, from the amounts made available under 
section 9(a)(3)(A)(i), such sums as may be nec-
essary to carry out this subsection. 
(c) INFRASTRUCTURE IMPROVEMENTS.— 
(1) BORDER PATROL STATIONS.—The Secretary 
shall— 
(A) construct additional Border Patrol sta-
tions in the Southwest border region that U.S. 
Border Patrol determines are needed to provide 
full operational support in rural, high-trafficked 
areas; and 
(B) analyze the feasibility of creating addi-
tional Border Patrol sectors along the Southern 
border to interrupt drug trafficking operations. 
(2) FORWARD
OPERATING
BASES.—The Sec-
retary shall enhance the security of the Southwest 
border region by— 
(A) establishing additional permanent for-
ward operating bases for the U.S. Border Pa-
trol, as needed; 
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(B) upgrading the existing forward oper-
ating bases to include modular buildings, elec-
tricity, and potable water; and 
(C) ensuring that forward operating bases 
surveil and interdict individuals entering the 
United States unlawfully immediately after 
such individuals cross the Southern border. 
(3) SAFE AND SECURE BORDER INFRASTRUC-
TURE.—The Secretary and the Secretary of Trans-
portation, in consultation with the governors of the 
States in the Southwest border region and the 
Northern border region, shall establish a grant pro-
gram, which shall be administered by the Secretary 
of Transportation and the General Services Adminis-
tration, to construct transportation and supporting 
infrastructure improvements at existing and new 
international border crossings necessary to facilitate 
safe, secure, and efficient cross border movement of 
people, motor vehicles, and cargo. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for each of 
fiscal years 2014 through 2018 such sums as may 
be necessary to carry out this subsection. 
(d) ADDITIONAL
PERMANENT
DISTRICT
COURT 
JUDGESHIPS IN SOUTHWEST BORDER STATES.— 
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(1) IN GENERAL.—The President shall appoint, 
by and with the advice and consent of the Senate— 
(A) 2 additional district judges for the dis-
trict of Arizona; 
(B) 3 additional district judges for the 
eastern district of California; 
(C) 2 additional district judges for the 
western district of Texas; and 
(D) 1 additional district judge for the 
southern district of Texas. 
(2) CONVERSIONS
OF
TEMPORARY
DISTRICT 
COURT
JUDGESHIPS.—The existing judgeships for 
the district of Arizona and the central district of 
California authorized by section 312(c) of the 21st 
Century Department of Justice Appropriations Au-
thorization Act (28 U.S.C. 133 note; Public Law 
107–273; 116 Stat. 1788), as of the effective date 
of this Act, shall be authorized under section 133 of 
title 28, United States Code, and the incumbents in 
those offices shall hold the office under section 133 
of title 28, United States Code, as amended by this 
Act. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The table contained in section 133(a) of 
title 28, United States Code, is amended— 
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(A) by striking the item relating to the dis-
trict of Arizona and inserting the following: 
‘‘Arizona .........................................................................................
15’’; 
(B) by striking the item relating to Cali-
fornia and inserting the following: 
‘‘California: 
Northern .................................................................
Eastern ...................................................................
Central ....................................................................
Southern .................................................................
13’’; 
and 
(C) by striking the item relating to Texas 
and inserting the following: 
‘‘Texas: 
Northern .................................................................
Southern .................................................................
Eastern ...................................................................
Western ..................................................................
15’’. 
(4) INCREASE IN FILING FEES.— 
(A) IN GENERAL.—Section 1914(a) of title 
28, United States Code, is amended by striking 
‘‘$350’’ and inserting ‘‘$360’’. 
(B) EXPENDITURE
LIMITATION.—Incre-
mental amounts collected by reason of the en-
actment of this paragraph shall be deposited as 
offsetting receipts in the ‘‘Judiciary Filing Fee’’ 
special fund of the Treasury established under 
section 1931 of title 28, United States Code. 
Such amounts shall be available solely for the 
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purpose of facilitating the processing of civil 
cases, but only to the extent specifically appro-
priated by an Act of Congress enacted after the 
date of the enactment of this Act. 
(5) WHISTLEBLOWER PROTECTION.— 
(A) IN
GENERAL.—No officer, employee, 
agent, contractor, or subcontractor of the judi-
cial branch may discharge, demote, threaten, 
suspend, harass, or in any other manner dis-
criminate against an employee in the terms and 
conditions of employment because of any lawful 
act done by the employee to provide informa-
tion, cause information to be provided, or other-
wise assist in an investigation regarding any 
possible violation of Federal law or regulation, 
or misconduct, by a judge, justice, or any other 
employee in the judicial branch, which may as-
sist in the investigation of the possible violation 
or misconduct. 
(B) CIVIL ACTION.—An employee injured 
by a violation of subparagraph (A) may, in a 
civil action, obtain appropriate relief. 
SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND. 
(a) DEFINITIONS.—In this section: 
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(1) FEDERAL
LANDS.—The term ‘‘Federal 
lands’’ includes all land under the control of the Sec-
retary concerned that is located within the South-
west border region in the State of Arizona along the 
international border between the United States and 
Mexico. 
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to land under the jurisdic-
tion of the Secretary of Agriculture, the Sec-
retary of Agriculture; and 
(B) with respect to land under the jurisdic-
tion of the Secretary of the Interior, the Sec-
retary of the Interior. 
(b) SUPPORT FOR BORDER SECURITY NEEDS.—To 
achieve effective control of Federal lands— 
(1) the Secretary concerned, notwithstanding 
any other provision of law, shall authorize and pro-
vide U.S. Customs and Border Protection personnel 
with immediate access to Federal lands for security 
activities, including— 
(A) routine motorized patrols; and 
(B) the deployment of communications, 
surveillance, and detection equipment; 
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(2) the security activities described in para-
graph (1) shall be conducted, to the maximum ex-
tent practicable, in a manner that the Secretary de-
termines will best protect the natural and cultural 
resources on Federal lands; and 
(3) the Secretary concerned may provide edu-
cation and training to U.S. Customs and Border 
Protection personnel on the natural and cultural re-
sources present on individual Federal land units. 
(c) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.— 
(1) IN
GENERAL.—After implementing sub-
section (b), the Secretary, in consultation with the 
Secretaries concerned, shall prepare and publish in 
the Federal Register a notice of intent to prepare a 
programmatic environmental impact statement in 
accordance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 
impacts of the activities described in subsection (b). 
(2) EFFECT ON PROCESSING APPLICATION AND 
SPECIAL USE PERMITS.—The pending completion of 
a programmatic environmental impact statement 
under this section shall not result in any delay in the 
processing or approving of applications or special 
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use permits by the Secretaries concerned for the ac-
tivities described in subsection (b). 
(3) AMENDMENT OF LAND USE PLANS.—The 
Secretaries concerned shall amend any land use 
plans, as appropriate, upon completion of the pro-
grammatic environmental impact statement de-
scribed in subsection (b). 
(4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL 
IMPACT
STATEMENT.—The programmatic environ-
mental impact statement described in paragraph 
(1)— 
(A) may be used to advise the Secretary on 
the impact on natural and cultural resources on 
Federal lands; and 
(B) shall not control, delay, or restrict ac-
tions by the Secretary to achieve effective con-
trol on Federal lands. 
(d) INTERMINGLED STATE AND PRIVATE LAND.— 
This section shall not apply to any private or State-owned 
land within the boundaries of Federal lands. 
SEC. 1106. EQUIPMENT AND TECHNOLOGY. 
(a) ENHANCEMENTS.—The Commissioner of U.S. 
Customs and Border Protection, working through U.S. 
Border Patrol, shall— 
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(1) deploy additional mobile, video, and agent- 
portable surveillance systems, and unarmed, un-
manned aerial vehicles in the Southwest border re-
gion as necessary to provide 24-hour operation and 
surveillance; 
(2) operate unarmed unmanned aerial vehicles 
along the Southern border for 24 hours per day and 
for 7 days per week; 
(3) deploy unarmed additional fixed-wing air-
craft and helicopters along the Southern border; 
(4) acquire new rotorcraft and make upgrades 
to the existing helicopter fleet; 
(5) increase horse patrols in the Southwest bor-
der region; and 
(6) acquire and deploy watercraft and other 
equipment to provide support for border-related 
maritime anti-crime activities. 
(b) LIMITATION.— 
(1) IN GENERAL.—Notwithstanding paragraphs 
(1) and (2) of subsection (a), and except as provided 
in paragraph (2), U.S. Border Patrol may not oper-
ate unarmed, unmanned aerial vehicles in the San 
Diego and El Centro Sectors, except within 3 miles 
of the Southern border. 
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(2) EXCEPTION.—The limitation under this 
subsection shall not restrict the maritime operations 
of U.S. Customs and Border Protection. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated, 
there is authorized to be appropriated to U.S. Customs 
and Border Protection such sums as may be necessary to 
carry out subsection (a) during fiscal years 2014 through 
2018. 
SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 
(a) SOUTHWEST BORDER REGION EMERGENCY COM-
MUNICATIONS GRANTS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the governors of the States in the South-
west border region, shall establish a 2-year grant 
program, to be administered by the Secretary, to im-
prove emergency communications in the Southwest 
border region. 
(2) ELIGIBILITY FOR GRANTS.—An individual 
is eligible to receive a grant under this subsection if 
the individual demonstrates that he or she— 
(A) regularly resides or works in the 
Southwest border region; 
(B) is at greater risk of border violence 
due to the lack of cellular service at his or her 
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100 
residence or business and his or her proximity 
to the Southern border. 
(3) USE OF GRANTS.—Grants awarded under 
this subsection may be used to purchase satellite 
telephone communications systems and service 
that— 
(A) can provide access to 9–1–1 service; 
and 
(B) are equipped with global positioning 
systems. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out the grant program es-
tablished under this subsection. 
(b) INTEROPERABLE COMMUNICATIONS
FOR LAW 
ENFORCEMENT.— 
(1) FEDERAL LAW ENFORCEMENT.—There are 
authorized to be appropriated, to the Department, 
the Department of Justice, and the Department of 
the Interior, during the 5-year period beginning on 
the date of the enactment of this Act, such sums as 
may be necessary— 
(A) to purchase, through a competitive 
procurement process, P25-compliant radios, 
which may include a multi-band option, for 
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101 
Federal law enforcement agents working in the 
Southwest border region in support of the ac-
tivities of U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforce-
ment, including law enforcement agents of the 
Drug Enforcement Administration, the Bureau 
of Alcohol, Tobacco, Firearms and Explosives, 
the Department of the Interior, and the Forest 
Service; and 
(B) to upgrade, through a competitive pro-
curement process, the communications network 
of the Department of Justice to ensure coverage 
and capacity, particularly when immediate ac-
cess is needed in times of crisis, in the South-
west Border region for appropriate law enforce-
ment personnel of the Department of Justice 
(including the Drug Enforcement Administra-
tion and the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives), the Department (includ-
ing U.S. Immigration and Customs Enforce-
ment and U.S. Customs and Border Protec-
tion), the United States Marshals Service, other 
Federal agencies, the State of Arizona, tribes, 
and local governments. 
(2) STATE AND LOCAL LAW ENFORCEMENT.— 
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102 
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Department of Justice, during the 5-year 
period beginning on the date of the enactment 
of this Act, such sums as may be necessary to 
purchase, through a competitive procurement 
process, P25-compliant radios, which may in-
clude a multi-band option, for State and local 
law enforcement agents working in the South-
west border region. 
(B) ACCESS TO FEDERAL SPECTRUM.—If 
a State, tribal, or local law enforcement agency 
in the Southwest border region experiences an 
emergency situation that necessitates immediate 
communication with the Department of Justice, 
the Department, the Department of the Inte-
rior, or any of their respective subagencies, 
such law enforcement agency shall have access 
to the spectrum assigned to such Federal agen-
cy for the duration of such emergency situation. 
SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 
INITIATIVE. 
(a) REIMBURSEMENT TO STATE AND LOCAL PROS-
ECUTORS
FOR
FEDERALLY
INITIATED
CRIMINAL 
CASES.—The Attorney General shall reimburse State, 
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103 
county, tribal, and municipal governments for costs associ-
ated with the prosecution, pretrial services and detention, 
clerical support, and public defenders’ services associated 
with the prosecution of federally initiated immigration-re-
lated criminal cases declined by local offices of the United 
States Attorneys. 
(b) EXCEPTION.—Reimbursement under subsection 
(a) shall not be available, at the discretion of the Attorney 
General, if the Attorney General determines that there is 
reason to believe that the jurisdiction seeking reimburse-
ment has engaged in unlawful conduct in connection with 
immigration-related apprehensions. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out subsection (a) during fiscal years 2014 
through 2018. 
SEC. 1109. INTERAGENCY COLLABORATION. 
The Assistant Secretary of Defense for Research and 
Engineering shall collaborate with the Under Secretary of 
Homeland Security for Science and Technology to identify 
equipment and technology used by the Department of De-
fense that could be used by U.S. Customs and Border Pro-
tection to improve the security of the Southern border 
by— 
(1) detecting border tunnels; 
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104 
(2) detecting the use of ultralight aircraft; 
(3) enhancing wide aerial surveillance; and 
(4) otherwise improving the enforcement of 
such border. 
SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 
(a) 
SCAAP 
REAUTHORIZATION.—Section 
241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by striking 
‘‘2011.’’ and inserting ‘‘2015.’’. 
(b) SCAAP ASSISTANCE FOR STATES.— 
(1) ASSISTANCE FOR STATES INCARCERATING 
UNDOCUMENTED ALIENS CHARGED WITH CERTAIN 
CRIMES.—Section 
241(i)(3)(A) 
(8 
U.S.C. 
1231(i)(3)(A)) is amended by inserting ‘‘charged 
with or’’ before ‘‘convicted’’. 
(2) ASSISTANCE FOR STATES INCARCERATING 
UNVERIFIED
ALIENS.—Section 241(i) (8 U.S.C. 
1231(i)), as amended by subsection (a), is further 
amended— 
(A) by redesignating paragraphs (4), (5), 
and (6), as paragraphs (5), (6), and (7), re-
spectively; 
(B) in paragraph (7), as so redesignated, 
by striking ‘‘(5)’’ and inserting ‘‘(6)’’; and 
(C) by adding after paragraph (3) the fol-
lowing: 
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105 
‘‘(4) In the case of an alien whose immigration 
status is unable to be verified by the Secretary of 
Homeland Security, and who would otherwise be an 
undocumented criminal alien if the alien is unlaw-
fully present in the United States, the Attorney Gen-
eral shall compensate the State or political subdivi-
sion of the State for incarceration of the alien, con-
sistent with subsection (i)(2).’’. 
SEC. 1111. USE OF FORCE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary, in consultation with the 
Assistant Attorney General for the Civil Rights Division 
of the Department of Justice, shall issue policies gov-
erning the use of force by all Department personnel that— 
(1) require all Department personnel to report 
each use of force; and 
(2) establish procedures for— 
(A) accepting and investigating complaints 
regarding the use of force by Department per-
sonnel; 
(B) disciplining Department personnel who 
violate any law or Department policy relating to 
the use of force; and 
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106 
(C) reviewing all uses of force by Depart-
ment personnel to determine whether the use of 
force— 
(i) complied with Department policy; 
or 
(ii) demonstrates the need for changes 
in policy, training, or equipment. 
SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI-
GRATION ENFORCEMENT OFFICERS. 
(a) IN GENERAL.—The Secretary shall ensure that 
U.S. Customs and Border Protection officers, U.S. Border 
Patrol agents, U.S. Immigration and Customs Enforce-
ment officers and agents, United States Air and Marine 
Division agents, and agriculture specialists stationed with-
in 100 miles of any land or marine border of the United 
States or at any United States port of entry receive appro-
priate training, which shall be prepared in collaboration 
with the Assistant Attorney General for the Civil Rights 
Division of the Department of Justice, in— 
(1) identifying and detecting fraudulent travel 
documents; 
(2) civil, constitutional, human, and privacy 
rights of individuals; 
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