Helping Unaccompanied Minors and Alleviating National Emergency Act or the HUMANE Act - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality or of last habitual residence shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries that are contiguous to the United States.)
Directs the Secretary of State to negotiate agreements regarding the repatriation of children with Canada, El Salvador, Guatemala, Honduras, Mexico, and any other appropriate foreign country. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.)
Requires a UAC to be placed within seven days of initial screening in a proceeding to expedite due process and screening.
Prohibits a UAC to be removed from U.S. custody during preliminary proceedings until repatriation or unless placed in removal proceedings.
Amends the Immigration and Nationality Act to establish a proceeding to expedite due process and screening for UACs. Requires an immigration judge to:
States that:
Sets forth due process protections for UACs, including protective HHS custody.
Directs the Attorney General (DOJ) to hire or reassign up to 40 immigration judges to conduct expedited inspection and screening of UACs.
Prohibits the Secretary of HHS from placing a UAC in the custody of an individual who has been convicted of a sex offense or a crime involving a severe form of trafficking in persons. Requires related biometric criminal background checks.
Requires the Secretary of Homeland Security (DHS) to submit to Congress a comprehensive strategy for: (1) gaining and maintaining situational awareness and operational control of high traffic areas along the U.S. southern and northern borders within two years, and (2) gaining and maintaining operational control along the southwest border of the United States not later than five years. Requires the Secretary to submit a related implementation plan to Congress and the Government Accountability Office (GAO).
Requires the Secretary of DHS to implement metrics to measure the effectiveness of security at and between ports of entry and in the maritime environment.
Prohibits the Secretary of DHS from conducting any study relating to the imposition of a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the U.S. southern and northern borders.
Directs the Secretary of DHS to: (1) upgrade technological assets and equipment and physical and tactical infrastructure on the southern border, and (2) increase the number of trained active-duty U.S. Customs and Border Protection (CBP) officers on the southern border.
Authorizes funds under this Act to be expended, with the approval of the Secretary of Defense (DOD) and the Secretary of HHS, for the governor of a state to order any units or personnel of the state's National Guard to perform specified operations on the southern border.
Directs the Federal Emergency Management Agency (FEMA) to enhance law enforcement preparedness, humanitarian responses, and operational readiness along the southern border through Operation Stonegarden.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2611 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2611
To facilitate the expedited processing of minors entering the United
States across the southern border and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2014
Mr. Cornyn (for himself, Mr. Burr, Mr. Isakson, and Mr. Wicker)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To facilitate the expedited processing of minors entering the United
States across the southern border and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Unaccompanied Minors and
Alleviating National Emergency Act'' or the ``HUMANE Act''.
TITLE I--PROTECTING CHILDREN
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as
follows: ``Rules for unaccompanied alien children'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``who is a national or habitual
resident of a country that is contiguous with the
United States''; and
(C) in subparagraph (C)--
(i) by amending the subparagraph heading to
read as follows: ``Agreements with foreign
countries''; and
(ii) in the matter preceding clause (i), by
striking ``countries contiguous to the United
States'' and inserting ``Canada, El Salvador,
Guatemala, Honduras, Mexico, and any other
foreign country that the Secretary determines
appropriate''; and
(2) in paragraph (5)(D)--
(A) in the subparagraph heading, by striking
``Placement in removal proceedings'' and inserting
``Expedited due process and screening for unaccompanied
alien children'';
(B) in the matter preceding clause (i), by striking
``, except for an unaccompanied alien child from a
contiguous country subject to the exceptions under
subsection (a)(2), shall be--'' and inserting ``who
does not meet the criteria listed in paragraph (2)(A)--
'';
(C) by striking clause (i) and inserting the
following:
``(i) shall be placed in a proceeding in
accordance with section 235B of the Immigration
and Nationality Act, which shall commence not
later than 7 days after the screening of an
unaccompanied alien child described in
paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of
a nongovernmental sponsor or otherwise released
from the custody of the United States
Government until the child is repatriated
unless the child is the subject of an order
under section 235B(e)(1) of the Immigration and
Nationality Act;'';
(F) in clause (iii), as redesignated, by inserting
``is'' before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting
``shall be'' before ``provided''.
SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF UNACCOMPANIED ALIEN
CHILDREN .
(a) Amendments to Immigration and Nationality Act.--
(1) In general.--Chapter 4 of the Immigration and
Nationality Act is amended by inserting after section 235A the
following:
``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.
``(a) Defined Term.--In this section, the term `asylum officer'
means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208, and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph
(1); and
``(B) has had substantial experience adjudicating
asylum applications.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)),
an immigration judge shall conduct a proceeding to inspect,
screen, and determine the status of an unaccompanied alien
child who is an applicant for admission to the United States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and
any witnesses;
``(B) may issue subpoenas for the attendance of
witnesses and presentation of evidence; and
``(C) is authorized to sanction by civil money
penalty any action (or inaction) in contempt of the
judge's proper exercise of authority under this Act.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in
the absence of the alien;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the alien shall be given the privilege of
being represented, at no expense to the Government, by
counsel of the alien's choosing who is authorized to
practice in such proceedings;
``(B) the alien shall be given a reasonable
opportunity--
``(i) to examine the evidence against the
alien;
``(ii) to present evidence on the alien's
own behalf; and
``(iii) to cross-examine witnesses
presented by the Government;
``(C) the rights set forth in subparagraph (B)
shall not entitle the alien--
``(i) to examine such national security
information as the Government may proffer in
opposition to the alien's admission to the
United States; or
``(ii) to an application by the alien for
discretionary relief under this Act; and
``(D) a complete record shall be kept of all
testimony and evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--In the
discretion of the Attorney General, an alien applying for
admission to the United States may, and at any time, be
permitted to withdraw such application and immediately be
returned to the alien's country of nationality or country of
last habitual residence.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a
proceeding under this section, the immigration judge
shall determine whether an unaccompanied alien child is
likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from
removal under this Act.
``(B) Evidence.--The determination of the
immigration judge under subparagraph (A) shall be based
only on the evidence produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this
section, an alien who is an applicant for admission has
the burden of establishing, by a preponderance of the
evidence, that the alien--
``(i) is likely to be entitled to be
lawfully admitted to the United States or
eligible for any form of relief from removal
under this Act; or
``(ii) is lawfully present in the United
States pursuant to a prior admission.
``(B) Access to documents.--In meeting the burden
of proof under subparagraph (A)(ii), the alien shall be
given access to--
``(i) the alien's visa or other entry
document, if any; and
``(ii) any other records and documents, not
considered by the Attorney General to be
confidential, pertaining to the alien's
admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met the
burden of proof under subsection (d)(2), the judge shall order
the alien to be placed in further proceedings in accordance
with section 240.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under
section 208; or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the officer
shall order the alien referred for an interview by an asylum
officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Defined term.--In this subsection, the term `credible
fear of persecution' means, after taking into account the
credibility of the statements made by the alien in support of
the alien's claim and such other facts as are known to the
officer, there is a significant possibility that the alien
could establish eligibility for asylum under section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct interviews of aliens referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution, the alien shall be held in the
custody of the Secretary of Health and Human Services pursuant
to section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) during further consideration of the application for
asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if
the asylum officer determines that an alien does not
have a credible fear of persecution, the officer shall
order the alien removed from the United States without
further hearing or review.
``(B) Record of determination.--The officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as
stated by the applicant;
``(ii) such additional facts (if any)
relied upon by the officer;
``(iii) the officer's analysis of why, in
light of such facts, the alien has not
established a credible fear of persecution; and
``(iv) a copy of the officer's interview
notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General
shall establish, by regulation, a process by
which an immigration judge will conduct a
prompt review, upon the alien's request, of a
determination under subparagraph (A) that the
alien does not have a credible fear of
persecution.
``(ii) Mandatory components.--The review
described in clause (i)--
``(I) shall include an opportunity
for the alien to be heard and
questioned by the immigration judge,
either in person or by telephonic or
video connection; and
``(II) shall be conducted--
``(aa) as expeditiously as
possible;
``(bb) within the 24-hour
period beginning at the time
the asylum officer makes a
determination under
subparagraph (A), to the
maximum extent practicable; and
``(cc) in no case later
than 7 days after such
determination.
``(D) Mandatory protective custody.--Any alien
subject to the procedures under this paragraph shall be
held in the custody of the Secretary of Health and
Human Services pursuant to Section 235(b) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b))--
``(i) pending a final determination of
credible fear of persecution; and
``(ii) after a determination that the alien
does not such a fear, until the alien is
removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or as
permitted under penalty of perjury under section 1746 of title
28, United States Code, after having been warned of the penal
ties for falsely making such claim under such conditions to
have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 235A
the following:
``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or an order
of removal issued to an unaccompanied alien child after
proceedings under section 235B'' after ``section
235(b)(1)''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after
``section 235(b)(1)'' each place it appears;
and
(ii) in subparagraph (A)--
(I) in the subparagraph heading, by
inserting ``or 235b'' after ``section
235(b)(1)''; and
(II) in clause (iii), by striking
``section 235(b)(1)(B),'' and inserting
``section 235(b)(1)(B) or 235B(f);'';
and
(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or
235B'' after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after
``section 235(b)(1)'' in each place it appears;
(C) in subparagraph (2)(C), by inserting ``or
section 235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or
section 235B'' after ``section 235(b)''.
SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN CHILDREN
PRESENT IN THE UNITED STATES.
(a) Special Motions for Unaccompanied Alien Children.--
(1) Filing authorized.--Beginning on the date that is 60
days after the date of the enactment of this Act, the Secretary
of Homeland Security, notwithstanding any other provision of
law, may, at the sole and unreviewable discretion of the
Secretary, permit an unaccompanied alien child who was issued a
Notice to Appear under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) during the period beginning on
January 1, 2013, and ending on the date of the enactment of
this Act--
(A) to appear, in-person, before an immigration
judge who has been authorized by the Attorney General
to conduct proceedings under section 235B of the
Immigration and Nationality Act, as added by section
102;
(B) to attest to their desire to apply for
admission to the United States; and
(C) to file a motion--
(i) to expunge--
(I) any final order of removal
issued against them between January 1,
2013, and the date of the enactment of
this Act under section 240 of the
Immigration and Nationality Act (8
U.S.C. 1229a); or
(II) any Notice to Appear issued
between January 1, 2013, and the date
of the enactment of this Act under
section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229); and
(ii) to apply for admission to the United
States by being placed in proceedings under
section 235B of the Immigration and Nationality
Act.
(2) Motion granted.--An immigration judge may, at the sole
and unreviewable discretion of the judge, grant a motion filed
under paragraph (1)(C) upon a finding that--
(A) the petitioner was an unaccompanied alien child
(as defined in section 235 of the William Wilberforce
Trafficking Victims Protection Act of 2008 (8 U.S.C.
1232)) on the date on which a Notice to Appear
described in paragraph (1) was issued to the alien;
(B) the Notice to Appear was issued during the
period beginning on January 1, 2013, and ending on the
date of the enactment of this Act;
(C) the unaccompanied alien child is applying for
admission to the United States; and
(D) the granting of such motion would not be
manifestly unjust.
(3) Effect of motion.--Notwithstanding any other provision
of law, upon the granting of a motion to expunge under
paragraph (2)--
(A) the Secretary of Homeland Security shall
immediately expunge any final order of removal
resulting from a proceeding initiated by any Notice to
Appear described in paragraph (1), and such Notice to
Appear; and
(B) the immigration judge who granted such motion
shall, while the petitioner remains in-person,
immediately inspect and screen the petitioner for
admission to the United States by conducting a
proceeding under section 235B of the Immigration and
Nationality Act.
(4) Protective custody.--An unaccompanied alien child who
has been granted a motion under paragraph (2) shall be held in
the custody of the Secretary of Health and Human Services
pursuant to section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.
(a) Designation.--Not later than 14 days after the date of the
enactment of this Act, the Attorney General shall designate up to 40
immigration judges, including through the hiring of retired immigration
judges or magistrate judges, or the reassignment of current immigration
judges, that are dedicated to conducting humane and expedited
inspection and screening for unaccompanied alien children under section
235B of the Immigration and Nationality Act, as added by section 102.
(b) Requirement.--The Attorney General shall ensure that sufficient
immigration judge resources are dedicated to the purpose described in
subsection (a) to comply with the requirement under section 235B(b)(1)
of the Immigration and Nationality Act.
SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX OFFENDERS,
AND OTHER CRIMINALS.
Section 235(c)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is
amended--
(1) in subparagraph (A), by inserting ``, including a
mandatory biometric criminal history check'' before the period
at the end; and
(2) by adding at the end the following--
``(D) Prohibition on placement with sex offenders
and human traffickers.--
``(i) In general.--The Secretary of Health
and Human Services may not place an
unaccompanied alien child in the custody of an
individual who has been convicted of--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (42
U.S.C. 16911)); or
``(II) a crime involving a severe
form of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).
``(ii) Requirements of criminal background
check.--A biometric criminal history check
under subparagraph (A) shall be based on a set
of fingerprints or other biometric identifiers
and conducted through--
``(I) the Identification Division
of the Federal Bureau of Investigation;
and
``(II) criminal history
repositories of all States that the
individual lists as current or former
residences.''.
TITLE II--BORDER SECURITY AND TRADE FACILITATION
SEC. 201. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Cocaine removal effectiveness rate.--The term ``cocaine
removal effectiveness rate'' means the percentage that results
from dividing the amount of cocaine removed by the Department
of Homeland Security's maritime security components inside or
outside a transit zone, as the case may be, by the total
documented cocaine flow rate as contained in Federal drug
databases.
(3) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied to
persons illegally entering the United States by the Border
Patrol to prevent illegal border crossing recidivism.
(4) Got away.--The term ``got away'' means an illegal
border crosser who, after making an illegal entry into the
United States, is not turned back or apprehended.
(5) High traffic areas.--The term ``high traffic areas''
means sectors along the northern and southern borders of the
United States that are within the responsibility of the Border
Patrol that have the most illicit cross-border activity,
informed through situational awareness.
(6) Illegal border crossing effectiveness rate.--The term
``illegal border crossing effectiveness rate'' means the
percentage that results from dividing the number of
apprehensions and turn backs by the number of apprehensions,
turn backs, and got aways. The data used by the Secretary of
Homeland Security to determine such rate shall be collected and
reported in a consistent and standardized manner across all
Border Patrol sectors.
(7) Major violator.--The term ``major violator'' means a
person or entity that has engaged in serious criminal
activities at any land, air, or sea port of entry, including
possession of illicit drugs, smuggling of prohibited products,
human smuggling, weapons possession, use of fraudulent United
States documents, or other offenses serious enough to result in
arrest.
(8) Operational control.--The term ``operational control''
means a condition in which there is a not lower than 90 percent
illegal border crossing effectiveness rate, informed by
situational awareness, and a significant reduction in the
movement of illicit drugs and other contraband through such
areas is being achieved.
(9) Situational awareness.--The term ``situational
awareness'' means knowledge and an understanding of current
illicit cross-border activity, including cross-border threats
and trends concerning illicit trafficking and unlawful
crossings along the international borders of the United States
and in the maritime environment, and the ability to forecast
future shifts in such threats and trends.
(10) Transit zone.--The term ``transit zone'' means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico,
the Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either
directly or indirectly, to the United States.
(11) Turn back.--The term ``turn back'' means an illegal
border crosser who, after making an illegal entry into the
United States, returns to the country from which such crosser
entered.
SEC. 202. BORDER SECURITY RESULTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, every 180 days thereafter until the Comptroller
General of the United States reports on the results of the review
described in section 203(k)(2)(B), and annually after the date of such
report, the Secretary of Homeland Security shall submit a report to the
appropriate congressional committees and the Government Accountability
Office that--
(1) assesses and describes the state of situational
awareness and operational control; and
(2) identifies the high traffic areas and the illegal
border crossing effectiveness rate for each sector along the
northern and southern borders of the United States that are
within the responsibility of the Border Patrol.
(b) GAO Report.--Not later than 90 days after receiving the initial
report required under subsection (a), the Comptroller General of the
United States shall submit a report to the appropriate congressional
committees regarding the verification of the data and methodology used
to determine high traffic areas and the illegal border crossing
effectiveness rate.
SEC. 203. STRATEGY TO ACHIEVE SITUATIONAL AWARENESS AND OPERATIONAL
CONTROL OF THE BORDER.
(a) Strategy To Secure the Border.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit, to the appropriate congressional committees, a
comprehensive strategy for--
(1) gaining and maintaining situational awareness and
operational control of high traffic areas not later than 2
years after the date of the submission of the implementation
plan required under subsection (c); and
(2) gaining and maintaining operational control along the
Southwest border of the United States not later than 5 years
after such date of submission.
(b) Contents of Strategy.--The strategy required under subsection
(a) shall include a consideration of the following:
(1) An assessment of principal border security threats,
including threats relating to the smuggling and trafficking of
humans, weapons, and illicit drugs.
(2) Efforts to analyze and disseminate border security and
border threat information between the border security
components of the Department of Homeland Security and with
other appropriate Federal departments and agencies with
missions associated with the border.
(3) Efforts to increase situational awareness, in
accordance with privacy, civil liberties, and civil rights
protections, including--
(A) surveillance capabilities developed or utilized
by the Department of Defense, including any technology
determined to be excess by the Department of Defense;
and
(B) use of manned aircraft and unmanned aerial
systems, including camera and sensor technology
deployed on such assets.
(4) Efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States.
(5) Efforts to ensure that any new border security
technology can be operationally integrated with existing
technologies in use by the Department of Homeland Security.
(6) An assessment of existing efforts and technologies used
for border security and the effect of such efforts and
technologies on civil rights, private property rights, privacy
rights, and civil liberties.
(7) Technology required to maintain, support, and enhance
security and facilitate trade at ports of entry, including
nonintrusive detection equipment, radiation detection
equipment, biometric technology, surveillance systems, and
other sensors and technology that the Secretary of Homeland
Security determines to be necessary.
(8) Operational coordination of the border security
components of the Department of Homeland Security.
(9) Lessons learned from Operation Jumpstart and Operation
Phalanx.
(10) Cooperative agreements and information sharing with
State, local, tribal, territorial, and other Federal law
enforcement agencies that have jurisdiction on the northern or
southern borders, or in the maritime environment.
(11) Border security information received from consultation
with--
(A) State, local, tribal, and Federal law
enforcement agencies that have jurisdiction on the
northern or southern border, or in the maritime
environment; and
(B) border community stakeholders (including
through public meetings with such stakeholders),
including representatives from border agricultural and
ranching organizations and representatives from
business and civic organizations along the northern or
southern border.
(12) Agreements with foreign governments that support the
border security efforts of the United States, including
coordinated installation of standardized land border inspection
technology, such as license plate readers and RFID readers.
(13) Staffing requirements for all border security
functions.
(14) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(15) An assessment of training programs, including training
programs regarding--
(A) identifying and detecting fraudulent documents;
(B) protecting the civil, constitutional, human,
and privacy rights of individuals;
(C) understanding the scope of enforcement
authorities and the use of force policies;
(D) screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking; and
(E) social and cultural sensitivity toward border
communities.
(16) Local crime indices of municipalities and counties
along the southern border.
(17) An assessment of how border security operations affect
crossing times.
(18) Resources and other measures that are necessary to
achieve a 50-percent reduction in the average wait times of
commercial and passenger vehicles at international land ports
of entry along the southern border and the northern border.
(19) Metrics required under subsections (e), (f), and (g).
(c) Implementation Plan.--
(1) In general.--Not later than 90 days after the
submission of the strategy required under subsection (a), the
Secretary of Homeland Security shall submit, to the appropriate
congressional committees and to the Government Accountability
Office, an implementation plan for each of the border security
components of the Department of Homeland Security to carry out
such strategy.
(2) Contents of plan.--The implementation plan required
under paragraph (1) shall--
(A) specify what protections will be put in place
to ensure that staffing and resources necessary for the
maintenance of operations at ports of entry are not
diverted to the detriment of such operations in favor
of operations between ports of entry; and
(B) include--
(i) an integrated master schedule and cost
estimate, including lifecycle costs, for the
activities contained in such implementation
plan; and
(ii) a comprehensive border security
technology plan to improve surveillance
capabilities that includes--
(I) a documented justification and
rationale for technology choices;
(II) deployment locations;
(III) fixed versus mobile assets;
(IV) a timetable for procurement
and deployment;
(V) estimates of operation and
maintenance costs;
(VI) an identification of any
impediments to the deployment of such
technologies; and
(VII) estimates of the relative
cost effectiveness of various border
security strategies and operations,
including--
(aa) the deployment of
personnel and technology; and
(bb) the construction of
new physical and virtual
barriers.
(3) Government accountability office review.--Not later
than 90 days after receiving the implementation plan in
accordance with paragraph (1), the Comptroller General of the
United States shall submit an assessment of such plan to the
appropriate congressional committees a report on such plan.
(d) Periodic Updates.--Not later than 180 days after the submission
of each Quadrennial Homeland Security Review required under section 707
of the Homeland Security Act of 2002 (6 U.S.C. 347) beginning with the
first such Review that is due after the implementation plan is
submitted under subsection (c), the Secretary of Homeland Security
shall submit, to the appropriate congressional committees, an updated--
(1) strategy under subsection (a); and
(2) implementation plan under subsection (c).
(e) Metrics for Securing the Border Between Ports of Entry.--Not
later than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall implement metrics, informed by
situational awareness, to measure the effectiveness of security between
ports of entry, including--
(1) an illegal border crossing effectiveness rate, informed
by situational awareness;
(2) an illicit drugs seizure rate, which measures the
amount and type of illicit drugs seized by the Border Patrol in
any fiscal year compared to an average of the amount and type
of illicit drugs seized by the Border Patrol for the
immediately preceding 5 fiscal years;
(3) a cocaine seizure effectiveness rate, which shall be
measured by calculating the percentage of the total documented
cocaine flow rate (as contained in Federal drug databases) that
is seized by the Border Patrol;
(4) estimates, using alternative methodologies, including
recidivism data, survey data, known-flow data, and
technologically measured data, of--
(A) total attempted illegal border crossings;
(B) total deaths and injuries resulting from such
attempted illegal border crossings;
(C) the rate of apprehension of attempted illegal
border crossers; and
(D) the inflow into the United States of illegal
border crossers who evade apprehension; and
(5) estimates of the impact of the Border Patrol's
Consequence Delivery System on the rate of recidivism of
illegal border crossers.
(f) Metrics for Securing the Border at Ports of Entry.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall implement metrics, informed by situational awareness, to
measure the effectiveness of security at ports of entry, which
shall include--
(A) an inadmissible border crossing rate, which
measures the number of known inadmissible border
crossers who are apprehended, excluding those border
crossers who voluntarily withdraw their applications
for admission, against the total estimated number of
inadmissible border crossers U.S. Customs and Border
Protection fails to apprehend;
(B) an illicit drugs seizure rate, which measures
the amount and type of illicit drugs seized by U.S.
Customs and Border Protection in any fiscal year
compared to an average of the amount and type of
illicit drugs seized by U.S. Customs and Border
Protection for the immediately preceding 5 fiscal
years;
(C) a cocaine seizure effectiveness rate, which
shall be measured by calculating the percentage of the
total documented cocaine flow rate (as contained in
Federal drug databases) that is seized by U.S. Customs
and Border Protection;
(D) estimates, using alternative methodologies,
including survey data and randomized secondary
screening data, of--
(i) total attempted inadmissible border
crossers;
(ii) the rate of apprehension of attempted
inadmissible border crossers; and
(iii) the inflow into the United States of
inadmissible border crossers who evade
apprehension;
(E) the number of infractions related to personnel
and cargo committed by major violators who are
apprehended by U.S. Customs and Border Protection at
ports of entry, and the estimated number of such
infractions committed by major violators who are not so
apprehended; and
(F) a measurement of how border security operations
affect crossing times.
(2) Covert testing.--The Inspector General of the
Department of Homeland Security shall carry out covert testing
at ports of entry and submit to the Secretary of Homeland
Security and the appropriate congressional committees a report
that contains the results of such testing. The Secretary shall
use such results to inform activities under this subsection.
(g) Metrics for Securing the Maritime Border.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall implement metrics, informed by situational
awareness, to measure the effectiveness of security in the maritime
environment, which shall include--
(1) an estimate of the total number of undocumented
migrants the Department of Homeland Security's maritime
security components fail to interdict;
(2) an undocumented migrant interdiction rate, which
measures the number of undocumented migrants interdicted
against the total estimated number of undocumented migrants the
Department of Homeland Security's maritime security components
fail to interdict;
(3) an illicit drugs removal rate, which measures the
amount and type of illicit drugs removed by the maritime
security components of the Department of Homeland Security
inside a transit zone in any fiscal year compared to an average
of the amount and type of illicit drugs removed by such
components inside a transit zone for the immediately preceding
5 fiscal years;
(4) an illicit drugs removal rate, which measures the
amount of illicit drugs removed by the maritime security
components of the Department of Homeland Security outside a
transit zone in any fiscal year compared to an average of the
amount of illicit drugs removed by such components outside a
transit zone for the immediately preceding 5 fiscal years;
(5) a cocaine removal effectiveness rate inside a transit
zone;
(6) a cocaine removal effectiveness rate outside a transit
zone; and
(7) a response rate which measures the Department of
Homeland Security's ability to respond to and resolve known
maritime threats, both inside and outside a transit zone, by
placing assets on-scene, compared to the total number of events
with respect to which the Department has known threat
information.
(h) Collaboration and Consultation.--
(1) In general.--The Secretary of Homeland Security shall
collaborate with the head of a national laboratory within the
Department of Homeland Security laboratory network with
expertise in border security and the head of a border security
university-based center within the Department of Homeland
Security centers of excellence network to develop, and ensure
the suitability and statistical validity of, the metrics
required under subsections (e), (f), and (g).
(2) Recommendations relating to certain other metrics.--In
carrying out paragraph (1), the head of the national laboratory
and the head of a border security university-based center shall
make recommendations to the Secretary of Homeland Security for
other suitable metrics that may be used to measure the
effectiveness of border security.
(3) Consultation.--In addition to the collaboration
described in paragraph (1), the Secretary shall also consult
with the Governors of every border State and the
representatives of the Border Patrol and U.S. Customs and
Border Protection regarding the development of the metrics
required under subsections (e), (f), and (g).
(i) Evaluation by the Government Accountability Office.--
(1) In general.--The Secretary of Homeland Security shall
provide the Government Accountability Office with the data and
methodology used to develop the metrics implemented under
subsections (e), (f), and (g).
(2) Report.--Not later than 270 days after receiving the
data and methodology referred to in paragraph (1), the
Comptroller General of the United States shall submit a report
to the appropriate congressional committees on the suitability
and statistical validity of such data and methodology.
(j) Certifications and Reports Relating to Operational Control.--
(1) By the secretary of homeland security.--
(A) Two years.--If the Secretary of Homeland
Security determines that situational awareness and
operational control of high traffic areas have been
achieved not later than 2 years after the date of the
submission of the implementation plan required under
subsection (c), the Secretary shall submit an
attestation of such achievement to the appropriate
congressional committees and the Comptroller General of
the United States.
(B) Five years.--If the Secretary of Homeland
Security determines that operational control along the
southwest border of the United States has been achieved
not later than 5 years after the date of the submission
of the implementation plan required under subsection
(c), the Secretary shall submit an attestation of such
achievement to the appropriate congressional committees
and the Comptroller General of the United States.
(C) Annual updates.--Every year beginning with the
year after the Secretary of Homeland Security submits
the attestation under subparagraph (B), if the
Secretary determines that operational control along the
southwest border of the United States is being
maintained, the Secretary shall submit an attestation
of such maintenance to the appropriate congressional
committees and the Comptroller General of the United
States.
(2) By the comptroller general.--
(A) Reviews.--The Comptroller General of the United
States shall review and assess the attestations of the
Secretary of Homeland Security under subparagraphs (A),
(B), and (C) of paragraph (1).
(B) Reports.--Not later than 120 days after
conducting the reviews described in subparagraph (A),
the Comptroller General of the United States shall
submit a report on the results of each such review to
the appropriate congressional committees.
(k) Failure To Achieve Situational Awareness or Operational
Control.--If the Secretary of Homeland Security determines that
situational awareness, operational control, or both, as the case may
be, has not been achieved by the dates referred to in subparagraphs (A)
and (B) of subsection (j)(1), as the case may be, or if the Secretary
determines that operational control is not being annually maintained
pursuant to subparagraph (C) of such subsection, the Secretary shall,
not later than 60 days after such dates, submit a report to the
appropriate congressional committees that--
(1) describes why situational awareness or operational
control, or both, as the case may be, was not achieved; and
(2) includes a description of impediments incurred,
potential remedies, and recommendations to achieve situational
awareness, operational control, or both, as the case may be.
(l) Government Accountability Office Report on Border Security
Duplication and Cost Effectiveness.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate congressional
committees that addresses--
(1) areas of overlap in responsibilities within the border
security functions of the Department of Homeland Security; and
(2) the relative cost effectiveness of border security
strategies, including deployment of additional personnel and
technology, and construction of virtual and physical barriers.
(m) Reports.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit a report to the appropriate
congressional committees that contains--
(1) a resource allocation model for current and future year
staffing requirements that includes--
(A) optimal staffing levels at all land, air, and
sea ports of entry; and
(B) an explanation of U.S. Customs and Border
Protection methodology for aligning staffing levels and
workload to threats and vulnerabilities and their
effects on cross border trade and passenger travel
across all mission areas;
(2) detailed information on the level of manpower available
at all land, air, and sea ports of entry and between ports of
entry, including the number of canine and agricultural
specialists assigned to each such port of entry;
(3) detailed information that describes the difference
between the staffing the model suggests and the actual staffing
at each port of entry and between the ports of entry; and
(4) detailed information that examines the security impacts
and competitive impacts of entering into a reimbursement
agreement with foreign governments for U.S. Customs and Border
Protection preclearance facilities.
SEC. 204. PROHIBITION ON LAND BORDER CROSSING FEE STUDY.
The Secretary of Homeland Security may not conduct any study
relating to the imposition of a border crossing fee for pedestrians or
passenger vehicles at land ports of entry along the southern border or
the northern border of the United States.
SEC. 205. BORDER SECURITY RESOURCES.
(a) Equipment and Technology Enhancements.--Consistent with the
Southern Border Security Strategy required under section 203, the
Secretary of Homeland Security, in consultation with the Commissioner
of U.S. Customs and Border Protection, shall upgrade existing
technological assets and equipment, and procure and deploy additional
technological assets and equipment on the southern border.
(b) Physical and Tactical Infrastructure Improvements.--
(1) Construction, upgrade, and acquisition of border
control facilities.--Consistent with the Southern Border
Security Strategy required under section 203, the Secretary,
shall upgrade existing physical and tactical infrastructure of
the Department of Homeland Security, and construct and acquire
additional physical and tactical infrastructure on the southern
border, including the following:
(A) U.S. Border Patrol stations.
(B) U.S. Border Patrol checkpoints.
(C) Forward operating bases.
(D) Monitoring stations.
(E) Mobile command centers.
(F) Land border port of entry improvements.
(G) Other necessary facilities, structures, and
properties.
(c) Customs and Border Protection Personnel Enhancements.--
(1) Additional officers.--Consistent with the Southern
Border Security Strategy required under section 203, the
Secretary is authorized to increase the number of trained
active-duty U.S. Customs and Border Protection officers
deployed on the southern border, including--
(A) officers serving in the Office of the Border
Patrol;
(B) officers serving in the Office of Air and
Marine; and
(C) officers serving in the Office of Field
Operations, including officers stationed at land border
ports of entry.
(2) Expedited training and deployment authority.--When
exercising authority under this section, the Secretary is
authorized--
(A) to conduct enhanced recruiting operations for
U.S. Customs and Border Protection personnel;
(B) to conduct additional training academies for
U.S. Customs and Border Protection personnel; and
(C) to promulgate regulations allowing for the
expedited training of U.S. Customs and Border
Protection personnel.
(d) National Guard Support for Operations.--
(1) In general.--Amounts authorized to be appropriated
under this section may be expended, with the approval of the
Secretary of Defense and the Secretary of Homeland Security,
for the Governor of a State to order any units or personnel of
the National Guard of such State to perform operations and
missions under section 502(f) of title 32, United States Code,
on the southern border.
(2) Assignment of operations and missions.--
(A) In general.--National Guard units and personnel
deployed under paragraph (1) may be assigned such
operations, including missions specified in paragraph
(3), as may be necessary to provide assistance for
operations on the southern border.
(B) Nature of duty.--The duty of National Guard
personnel performing operations and missions described
in subparagraph (A) shall be full-time duty under title
32, United States Code.
(3) Range of operations and missions.--The operations and
missions assigned under paragraph (2) shall include the
temporary authority--
(A) to provide assistance for law enforcement,
including the interdiction of human trafficking,
illicit drugs, and contraband crossing the border;
(B) to assist in the provision of humanitarian
relief;
(C) to increase ground-based mobile surveillance
systems;
(D) to deploy additional unmanned aerial systems
and manned aircraft sufficient to maintain continuous
surveillance of the southern border;
(E) to deploy and provide capability for radio
communications interoperability between U.S. Customs
and Border Protection and State, local, and tribal law
enforcement agencies;
(F) to construct checkpoints along the southern
border to bridge the gap to long-term permanent
checkpoints;
(G) to provide assistance to U.S. Customs and
Border Protection, particularly in rural, high-
trafficked areas, as designated by the Commissioner of
U.S. Customs and Border Protection;
(H) to enhance law enforcement rotary wing
operations supporting quick reaction forces, medical
air evacuations, and incident awareness and assessment
operations; and
(I) to provide equipment and training to law
enforcement agencies.
(4) Materiel and logistical support.--The Secretary of
Defense shall deploy such materiel and equipment and logistical
support as may be necessary to ensure success of the operations
and missions conducted by the National Guard under this
subsection.
(5) Exclusion from national guard personnel strength
limitations.--National Guard personnel deployed under paragraph
(1) shall not be included in--
(A) the calculation to determine compliance with
limits on end strength for National Guard personnel; or
(B) limits on the number of National Guard
personnel that may be placed on active duty for
operational support under section 115 of title 10,
United States Code.
(6) Funding.--There are authorized to be appropriated for
fiscal years 2014 and 2015 such sums as may be necessary to
carry out this subsection.
(e) State and Local Assistance.--
(1) In general.--The Federal Emergency Management Agency
shall enhance law enforcement preparedness, humanitarian
responses, and operational readiness along the southern border
through Operation Stonegarden.
(2) Grants and reimbursements.--
(A) In general.--For purposes of paragraph (1),
amounts made available under this section shall be
allocated for grants and reimbursements to State and
local governments in Border Patrol Sectors on the
southern border for personnel, overtime, travel, costs
related to combating illegal immigration and drug
smuggling, and costs related to providing humanitarian
relief to unaccompanied alien children who have entered
the United States.
(B) Funding for state and local governments.--
Allocations for grants and reimbursements to State and
local governments under this paragraph shall be made by
the Federal Emergency Management Agency through a
competitive process.
(3) Funding.--There are authorized to be appropriated for
fiscal years 2014 and 2015 such sums as may be necessary to
carry out this subsection.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S4504-4509)
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