Requiring Enforcement, Security and safety while Upgrading Lawful Trade and travel Simultaneously (RESULTS).

SA 1251. Mr. CORNYN (for himself, Mr. Crapo, Mr. Blunt, Mr. Kirk, Mr.
Hatch, Mr. Alexander, Mr. Isakson, Mr. Roberts, Mr. Burr, Mr.
Chambliss, Mr. Johanns, and Mr. Barrasso) submitted an amendment
intended to be proposed by him to the bill S. 744, to provide for
comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:

Strike section 2 and all that follows through the end of
title I inserting the following:

SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

Congress makes the following findings:
(1) Every sovereign nation has an unconditional right and
duty to secure its territory and people, which right depends
on control of its international borders. The sovereign people
and several states of the United States have delegated these
sovereign functions to the Federal Government (United States
Constitution, article I, section 8, clause 4). The liberty
and prosperity of the people depends on the execution of this
duty.
(2) The passage of this Act recognizes that the Federal
Government must secure the sovereignty of the United States
of America and establish a coherent and just system for
integrating those who seek to join American society.
(3) The United States has failed to control its Southern
border. The porousness of that border has contributed to the
proliferation of the narcotics trade and its attendant
violent crime. The trafficking and smuggling of persons
across the border is an ongoing human rights scandal.
(4) We have always welcomed immigrants to the United States
and will continue to do so, but in order to qualify for the
honor and privilege of eventual citizenship, our laws must be
followed. The world depends on America to be strong
economically, 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 establish clear
and just rules for seeking citizenship, to control the flow
of legal immigration, and to eliminate illegal immigration,
which in some cases has become a threat to our national
security.
(5) Throughout our long history, many lawful immigrants
have assimilated into American society and contributed to our
strength and prosperity. Our immigration policy strives to
welcome those who share the values of the United States
Constitution and seek to contribute to our nation's
greatness. But no person has a right to enter the United
States unless by its express permission and in accordance
with the procedures established by law.
(6) This Act is 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. EFFECTIVE DATE TRIGGERS.

(a) Definitions.--In this section and sections 4 through 8
of this Act:
(1) Commission.--The term ``Commission'' means the Southern
Border Security Commission established pursuant to section 4.
(2) Comprehensive southern border security strategy.--The
term ``Comprehensive Southern Border Security Strategy''
means the strategy established by the Secretary pursuant to
section 5(a) to achieve and maintain operational control and
full situational awareness of the Southern border.
(3) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied to
persons illegally entering the United States by U.S. Border
Patrol to prevent illegal border crossing recidivism.
(4) Effectiveness rate.--The term ``effectiveness rate''
means a metric, informed by situational awareness, that
measures the percentage calculated by dividing--
(A) the number of illegal border crossers who are
apprehended or turned back during a fiscal year (excluding
those who are believed to have turned back for the purpose of
engaging in criminal activity), by
(B) the total number of illegal entries in the sector
during such fiscal year.
(5) Full situational awareness.--The term ``full
situational awareness'' means situational awareness of the
entire Southern border, including the functioning and
operational capability to conduct continuous and integrated
manned or unmanned, monitoring, sensing, or surveillance of
100 percent of Southern border mileage or the immediate
vicinity of the Southern border .
(6) Major violator.--The term ``major violator'' means a
person or entity that has engaged in serious criminal
activities at any port of entry along the Southern border,
including possession of narcotics, smuggling of prohibited
products, human smuggling, human trafficking, weapons
possession, use of fraudulent United States documents, or
other offenses serious enough to result in arrest.
(7) Northern border.--The term ``Northern border'' means
the international border between the United States and
Canada.
(8) Operational control.--The term ``operational control''
means that, within each and every sector of the Southern
border, a condition exists in which there is an effectiveness
rate, informed by situational awareness, of not lower than 90
percent.
(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
predict future shifts in such threats and trends.
(10) Southern border.--The term ``Southern border'' means
the international border between the United States and
Mexico.
(b) Border Security Goals.--The border security goals of
the Department shall be--
(1) to achieve and maintain operational control of the
Southern border within 5 years of the date of the enactment
of this Act;
(2) to achieve and maintain full situational awareness of
the Southern border within 5 years of the date of the
enactment of this Act;
(3) to fully implement a biometric entry and exit system at
all land, air, and sea ports of entry in accordance with the
requirements set forth in section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b)
within 5 years of the date of the enactment of this Act; and
(4) to implement a mandatory employment verification system
required by section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a), as amended by section 3101 of this Act,
within 5 years of the date of the enactment of this Act.
(c) Triggers.--
(1) Processing of applications for registered provisional
immigrant status.--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 Strategy required by section 5 of this Act,
the Secretary may commence processing applications for
registered provisional immigrant status pursuant to section
245B of the Immigration and Nationality Act, as added by
section 2111 of this Act.
(2) Adjustment of status of registered provisional
immigrants.--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 2211 of this Act or described in section 245D(b) of
the Immigration and Nationality Act, as added by section 2103
of this Act, until--
(A) not earlier than 9 years and 6 months after the date of
the enactment of this Act, the Secretary and the Commissioner
of United States Customs and Border Protection jointly submit
to the President and Congress a written certification,
including a comprehensive report detailing the data,
methodologies, and reasoning justifying such certification,
that certifies, under penalty of perjury, that--
(i) the Secretary has achieved and maintained full
situational awareness of the Southern border for the 12-month
period immediately preceding such certification;
(ii) the Secretary has achieved and maintained operational
control of the Southern border for the 12-month period
immediately preceding such certification;
(iii) the Secretary has implemented the mandatory
employment verification system required by section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a), as
amended by section 3101 of this Act, for use by all employers
to prevent unauthorized workers from obtaining employment in
the United States; and
(iv) the Secretary has implemented a biometric entry and
exit data system at all airports and seaports at which U.S.
Customs

[[Page S4417]]

and Border Protection personnel were deployed on the date of
the enactment of this Act, and in accordance with the
requirements set forth in section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b);
and
(B) not earlier than 60 days after the submission of a
certification under paragraph (A), the Inspector General of
the Department of Homeland Security, who has been appointed
by the President, by and with the advice and consent of the
Senate, in consultation with the Comptroller General of the
United States, reviews the reliability of the data,
methodologies, and conclusions of a certification under
subparagraph (A) and submits to the President and Congress a
written certification and report attesting that each of the
requirements of clauses (i), (ii), (iii), and (iv) of
subparagraph (A) have been achieved.
(d) Protecting Constitutional Separation of Powers Against
Abuses of Discretion.--
(1) Emergency comptroller general report.--Not later than
30 days after the submission of a certification by the
Secretary under subsection (c)(2)(A), the Comptroller General
of the United States shall review such certification and
provide Congress with a written report reviewing the
reliability of such certification, and expressing the
conclusion of the Comptroller General as to whether or not
the requirements of clauses (i), (ii), (iii), and (iv) of
subsection (c)(2)(A) have been achieved.
(2) Sense of congress.--It is the sense of Congress that
the United States Senate should use its powers of advice and
consent under section 102(a)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 112(a)(1)) and section 3(a) of the
Inspector General Act of 1978 (5 U.S.C. App.) to ensure that
the triggers contained in subsection (c) have been fully
achieved.

SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

(a) Establishment.--Not later than 60 days after the date
of the enactment of this Act, there shall be established a
commission to be known as the ``Southern Border Security
Commission'' (in this section referred to as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of up to
8 members as follows:
(A) The Governor of the State of Arizona, or the designee
of the Governor.
(B) The Governor of the State of California, or the
designee of the Governor.
(C) The Governor of the State of New Mexico, or the
designee of the Governor.
(D) The Governor of the State of Texas, or the designee of
the Governor.
(E) One designee of the Governor of the State of Arizona
who is not such official or such official's designee under
subparagraph (A).
(F) One designee of the Governor of the State of California
who is not such official or such official's designee under
subparagraph (B).
(G) One designee of the Governor of the State of New Mexico
who is not such official or such official's designee under
subparagraph (C).
(H) One designee of the Governor of the State of Texas who
is not such official or such official's designee under
subparagraph (D).
(2) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
(3) Rules.--The Commission shall establish the rules and
procedures of the Commission which shall require the approval
of a majority of members of the Commission.
(4) Meetings.--Members of the Commission shall meet at the
times and places of their choosing.
(5) Nature of requirements.--The tenure and terms of
participation as a member of the Commission of any Governor
or designee of a Governor under this subsection shall be
subject to the sole discretion of such Governor.
(c) Consultation; Federalism Protections.--
(1) Consultation.--The Secretary shall regularly consult
with members of the Commission as to the substance and
contents of any strategy, plan, or report required by section
5 of this Act.
(2) Federalism protections.--The Secretary may make no
rules, regulations, or conditions regarding the operation of
the Commission, or the terms of service of members of the
Commission.
(d) Transition.--The Secretary shall no longer be required
to consult with the Commission under subsection (d)(1) on the
date which is the earlier of--
(1) 30 days after the date on which a certification is made
by the Secretary and Comptroller General of the United States
under section 3(c)(2)(A) of this Act; or
(2) 10 years after the date of the enactment of this Act.

SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.

(a) Comprehensive Southern Border Security Strategy.--
(1) In general.--Not later than 120 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'' (in this section referred to as the
``Strategy)'', for achieving and maintaining operational
control and full situational awareness of the Southern
border, to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on the Judiciary of the House;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Appropriations of the House of
Representatives; and
(G) the Comptroller General of the United States.
(2) Elements.--The Strategy shall include, at a minimum, a
consideration of the following:
(A) The state of operational control and situational
awareness of the Southern border, including a sector-by-
sector analysis.
(B) An assessment of principal Southern border security
threats.
(C) Efforts to analyze and disseminate Southern border
security and Southern border threat information between
Department border security components.
(D) Efforts to increase situational awareness of the
Southern border in accordance with privacy, civil liberties,
and civil rights protections, including--
(i) surveillance capabilities developed or utilized by the
Department of Defense, including any technology determined to
be excess by the Department of Defense; and
(ii) use of manned aircraft and unmanned aerial systems,
including the camera and sensor technology deployed on such
assets.
(E) A Southern border fencing strategy that identifies
where fencing, including double-layer fencing,
infrastructure, and technology should be deployed along the
Southern border.
(F) A comprehensive Southern border security technology
plan for detection technology capabilities, including a
documented justification and rationale for the technologies
selected, deployment locations, fixed versus mobile assets,
and a timetable for procurement and deployment.
(G) Technology required to both enhance security and
facilitate trade at Southern border ports of entry, including
nonintrusive detection equipment, radiation detection
equipment, biometric technology, and other sensors and
technology that the Secretary determines necessary.
(H) Operational coordination of Department Southern border
security components, including efforts to ensure that a new
border security technology can be operationally integrated
with existing technologies in use by the Department.
(I) Cooperative agreements other Federal law enforcement
agencies and State, local, tribal, and territorial law
enforcement agencies that have jurisdiction on the Southern
border, or in the maritime environment.
(J) Information received from consultation with other
Federal law enforcement agencies and State, local, tribal,
and territorial law enforcement agencies that have
jurisdiction on the Southern border, or the maritime
environment, and from Southern border community stakeholders,
including representatives from border agricultural and
ranching organizations and representatives from business
organizations within close proximity of the Southern border.
(K) Agreements with foreign governments that support the
border security efforts of the United States.
(L) Efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States.
(M) Staffing requirements for all Southern border security
functions.
(N) Metrics required by section 6 of this Act.
(O) An assessment of existing efforts and technologies 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.
(P) 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.
(Q) A prioritized list of research and development
objectives to enhance the security of the Southern border.
(R) A strategy to reduce passenger wait times and cargo
screening times at airports that serve as ports of entry.
(3) Implementation plan.--Not later than 60 days after the
submission of the Strategy under paragraph (1), the Secretary
shall submit to the committees of Congress specified in
paragraph (1) an implementation plan for each of the border
security components of the Department to carry out the
Strategy. The plan shall include, at a minimum--
(A) a comprehensive border security technology plan for
continuous and systematic surveillance of the Southern
border, including a documented justification and rationale
for the technologies selected, deployment locations, fixed
versus mobile assets, and a timetable for procurement and
deployment;
(B) the resources, including personnel, infrastructure, and
technologies that must be developed, procured, and
successfully deployed, to achieve and maintain operational
control and full situational awareness of the Southern
border; and
(C) a set of interim goals and supporting milestones
necessary for the Department to achieve and maintain
operational control and full situational awareness of the
Southern border.
(4) Semiannual reports.--

[[Page S4418]]

(A) In general.--After the Strategy is submitted under
paragraph (1), the Secretary shall submit to the committees
of Congress specified in paragraph (1), not later than May 15
and November 15 each year, a report on the status of the
implementation of the Strategy by the Department, including a
report on the state of operational control of the Southern
border and the metrics required by section 6 of this Act.
(B) Elements.--Each report submitted under subparagraph (A)
shall include--
(i) a detailed description of the steps the Department has
taken, or plans to take, to execute the Strategy;
(ii) a detailed description of--

(I) any impediments identified in the Department's efforts
to execute the strategy;
(II) the actions the Department has taken, or plans to
take, to address such impediments; and
(III) any additional measures developed by the Department
to measure the state of security along the Southern border;

(iii) for each U.S. Border Patrol sector along the Southern
border--

(I) the effectiveness rate for such sector;
(II) the number of recidivist apprehensions; and
(III) the recidivism rate for all unique subjects that
received a criminal consequence through the Consequence
Delivery System process;

(iv) the aggregate effectiveness rate of all U.S. Border
Patrol sectors along the Southern border;
(v) a resource allocation model for current and future year
staffing requirements that includes optimal staffing levels
at Southern border land, air, and sea ports of entry, and an
explanation of U.S. Customs and Border Protection methodology
for aligning staffing levels and workload to threats and
vulnerabilities across all mission areas;
(vi) detailed information on the level of manpower
available at all Southern border land, air, and sea ports of
entry and between Southern border ports of entry, including
the number of canine and agricultural officers assigned to
each such port of entry;
(vii) detailed information that describes the difference
between the staffing the model suggests and the actual
staffing at each Southern border port of entry and between
the ports of entry; and
(viii) monthly per passenger wait times, including data on
peaks, for crossing the Southern border and the Northern
border, per passenger processing wait times at air and sea
ports of entry, and the staffing levels at all ports of
entry.

SEC. 6. BORDER SECURITY METRICS.

(a) Metrics for Securing the Southern Border Between Ports
of Entry.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall implement metrics
to measure the effectiveness of security between ports of
entry along the Southern border. The metrics shall address,
at a minimum, the following:
(1) The effectiveness rate for the areas covered.
(2) Estimates, using alternate methodologies, including
recidivism and survey data, of total attempted illegal border
crossings, the rate of apprehension of attempted illegal
border crossings, and the inflow into the United States of
illegal border crossers who evade apprehension.
(3) Estimates of the impacts of the Consequence Delivery
System of U.S. Border Patrol on the rate of recidivism of
illegal border crossers.
(4) The current level of situational awareness.
(5) Amount of narcotics seized between ports of entry.
(6) A narcotics interdiction rate which measures the amount
of narcotics seized against the total estimated amount of
narcotics U.S. Border Patrol fails to seize.
(b) Metrics for Securing the Border at Ports of Entry.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall implement
metrics to measure the effectiveness of security at Southern
border ports of entry. The metrics shall address, at a
minimum, the following:
(A) The effectiveness rate for such ports of entry.
(B) Estimates, using alternative methodologies, including
recidivism data, survey data, known-flow data, and randomized
secondary screening data, of total attempted inadmissible
border crossers, the rate of apprehension of attempted
inadmissible border crossers, and the inflow into the United
States of inadmissible border crossers who evade
apprehension.
(C) A narcotics interdiction rate which measures the amount
of narcotics seized against the total estimated amount of
narcotics U.S. Customs and Border Protection fails to seize.
(D) The number of infractions related to personnel and
cargo committed by major violators who are apprehended by
U.S. Customs and Border Protection at such ports of entry,
and the estimated number of such infractions committed by
major violators who are not so apprehended.
(E) The effect of the border security apparatus on crossing
times.
(2) Covert testing.--The Inspector General of the
Department of Homeland Security shall carry out covert
testing at ports of entry along the Southern border and
submit to the Secretary and the committees of Congress
specified in section 5(a)(1) of this Act a report that
contains the results of such tests. The Secretary shall use
such results to assess activities under this subsection.
(c) Independent Assessment by National Laboratory Within
Department of Homeland Security Laboratory Network.--The
Secretary shall request the head of a national laboratory
within the Department laboratory network with prior expertise
in border security to--
(1) provide an independent assessment of the metrics
implemented in accordance with subsections (a) and (b) to
ensure each such metric's suitability and statistical
validity; and
(2) make recommendations for other suitable metrics that
may be used to measure the effectiveness of border security
along the Southern border.
(d) Evaluation by Government Accountability Office.--
(1) In general.--The Secretary shall make available to the
Government Accountability Office the data and methodology
used to develop the metrics implemented under subsections (a)
and (b) and the independent assessment described under
subsection (c).
(2) Report.--Not later than 270 days after receiving the
data and methodology described in paragraph (1), the
Comptroller General of the United States shall submit to the
committees of Congress specified in section 5(a)(1) of this
Act a report on the suitability and statistical validity of
such data and methodology.
(e) GAO Report on Border Security Duplication.--Not later
than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
committees of Congress specified in section 5(a)(1) of this
Act a report addressing areas of overlap in responsibilities
within the border security functions of the Department.

SEC. 7. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.

(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
(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 October 1, 2013, $8,300,000,000
shall be transferred 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 subparagraph (A), and subject to paragraphs (3)(B) and
(4), the following amounts shall be deposited in the Trust
Fund:
(i) Electronic travel authorization system fees.--Fees
collected under section 217(h)(3)(B)(i)(II) of the
Immigration and Nationality Act, as added by section 1102(c).
(ii) Registered provisional immigrant penalties.--Penalties
collected under section 245B(c)(10)(C) of the Immigration and
Nationality Act, as added by section 2101.
(iii) Blue card penalty.--Penalties collected under section
2211(b)(9)(C).
(iv) Fines for adjustment from blue card status.--Fines
collected under section 245F(a)(5) of the Immigration and
Nationality Act, as added by section 2212(a).
(v) Penalties for false statements 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 Nationality Act, as
amended by section 2301(a)(2).
(vii) H-1B and l visa fees.--Fees collected under section
281(d) of the Immigration 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 Nationality Act, as
amended by section 4211(d).
(ix) H-1B nonimmigrant dependent 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 collected under section
214(w)(1)(B) of the Immigration and Nationality Act, as added
by section 4504(b).
(xiv) Visitor visa fees.--Fees collected under section
281(g) of the Immigration and Nationality Act, as added by
section 4509.
(xv) H-2B visa fees.--Fees collected 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) Penalties for adjustment from registered
provisional immigrant status.--Penalties collected under
section

[[Page S4419]]

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 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) $6,500,000,000 shall be made available to the Secretary
for carrying out the Comprehensive Southern Border Security
Strategy, including the Southern border fencing strategy;
(ii) $750,000,000 shall remain available 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
Nationality Act (8 U.S.C. 1324a), as amended by section 3101;
(iii) $900,000,000 shall remain available 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 implement this Act; and
(iv) $150,000,000 shall remain available for the 2-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary for transfer to the Secretary of
Labor, the Secretary of Agriculture, or the Attorney General,
for initial costs of implementing this Act.
(B) Repayment of trust fund expenses.--The first
$8,300,000,000 collected pursuant to the fees, penalties, and
fines referred 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 pursuant to paragraph (2)(B) shall be available
during each of fiscal years 2014 through 2018 as follows:
(i) $50,000,000 to carry out the activities referenced in
section 1104(a)(1).
(ii) $50,000,000 to carry out the activities referenced in
section 1104(b).
(D) Ongoing funding.--Subject to the availability of
appropriations, amounts deposited in the Trust Fund pursuant
to paragraph (2)(B) are authorized to be appropriated as
follows:
(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
enforcement investments described in subparagraph (A).
(E) Expenditure plan.--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, in conjunction with the
Comprehensive Southern Border Strategy, a plan for
expenditure that describes--
(i) the types and planned deployment of fixed, mobile,
video, and agent and officer portable surveillance and
detection equipment, including those recommended or provided
by the Department of Defense;
(ii) the number of Border Patrol agents and U.S. Customs
and Border Protection officers to be hired, including a
detailed description of which Border Patrol sectors and which
land border ports of entry such agents and officers will be
stationed;
(iii) the numbers and type of unarmed, unmanned aerial
systems and unarmed, fixed-wing and rotary aircraft,
including 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
infrastructure, and technology, including fixed towers,
sensors, cameras, and other detection technology;
(vi) the numbers, types, and planned deployment of ground-
based mobile surveillance systems;
(vii) the numbers, types, and planned deployment of
tactical and other interoperable law enforcement
communications systems 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 attorneys 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 personnel, including Marshals
and Deputy Marshals for the United States Marshals Office for
Tucson;
(xii) the number of additional magistrate judges for the
southern border United States district courts;
(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 transition
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 personnel and other costs
associated with implementing the immigration courts and
removal 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-
resistant, and identity theft-resistant Social Security card,
including--

(I) the types of equipment needed to create the card;
(II) the total estimated costs for completion that clearly
delineates costs associated with the acquisition of equipment
and transition to operation, subdivided by fiscal year and
including a description of the purpose by fiscal year for
design, pre-acquisition activities, production, and
transition to operation;
(III) the number and type of personnel, including contract
personnel, required to research, design, test, and produce
the card; and
(IV) a detailed schedule for production of the card,
including an estimated completion date at the projected
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 submitted 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.
(4) Limitation on collection.--
(A) In general.--No fee deposited in the Trust Fund may be
collected except to the extent 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 collected 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 Startup Account.--
(1) Establishment.--There is established in the Treasury a
separate account, to be known as the ``Comprehensive
Immigration Reform Startup Account,'' (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 remain 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 section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)), 50
percent of fees collected under section 245B(c)(10)(A) of the
Immigration and Nationality Act, as added by section 2101 of
this Act, shall be deposited monthly in the general fund of
the Treasury and used for Federal budget deficit reduction
until the funding provided by paragraph (2) has been repaid.
(B) Deposit in the immigration examinations fee account.--
Fees collected in excess of the amount referenced in
subparagraph (A) shall be deposited in the Immigration
Examinations Fee Account, pursuant to subsection (m) of
section 286 of the Immigration and Nationality Act (8 U.S.C.
1356), and shall remain available until expended pursuant to
subsection (n) of such section.
(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 implement this Act, including--
(A) equipment, information technology systems,
infrastructure, and human resources;
(B) outreach to the public, including development 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 related to
implementation of this Act.
(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
expenditure of the one-time and

[[Page S4420]]

startup funds in the Startup 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 October 1 each year
beginning on or after the date of the enactment of this Act,
the Chief Financial Officer of the Department shall, in
conjunction with the Inspector General of the Department,
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 Inspector 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 statement under
paragraph (2) shall include the following:
(A) The report of an independent certified public
accountant.
(B) A balance sheet reporting admitted assets, liabilities,
capital and surplus.
(C) A statement of cash flow.
(D) Such other information on the Trust Fund as the Chief
Financial Officer, the Inspector General, or the independent
certified public accountant considers appropriate to
facilitate a comprehensive understanding of the Trust Fund
during the year covered by the financial statement.
(d) Determination of Budgetary Effects.--
(1) Emergency designation for congressional 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. 8. GRANT ACCOUNTABILITY.

(a) Definitions.--In this section:
(1) Awarding entity.--The term ``awarding entity'' means
the Secretary, the Director of the Federal Emergency
Management Agency, the Chief of the Office of Citizenship and
New Americans, as designated by this Act, or the Director of
the National Science Foundation.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue 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 General of the Department, or the Inspector
General for the National Science Foundation for grants
awarded by the Director of the National Science Foundation,
that the audited grantee has utilized grant funds for an
unauthorized expenditure 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 an awarding
entity 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 Act, and in each
fiscal year thereafter, the Inspector General of the
Department, or the Inspector General for the National Science
Foundation for grants awarded by the Director of the National
Science Foundation, shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. Such Inspectors General shall determine
the appropriate number of grantees to be audited each year.
(B) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the first 2 fiscal years beginning after the end of
the 1-year period described in subsection (a)(3).
(C) Priority.--In awarding a grant under this Act, the
awarding entity shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years prior to the date the entity submitted the
application for such grant.
(D) Reimbursement.--If an entity is awarded grant funds
under this Act during the period of 2 fiscal years in which
the entity is barred from receiving grants under subparagraph
(B), the awarding entity shall--
(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to such entity into the
general fund of the Treasury; and
(ii) seek to recover the costs of the repayment under
clause (i) from such entity.
(2) Nonprofit organization requirements.--
(A) Prohibition.--An awarding entity may not award a grant
under this Act to a nonprofit organization that holds money
in offshore accounts for the purpose of avoiding the tax
imposed by section 511(a) of the Internal Revenue Code of
1986.
(B) Disclosure.--Each nonprofit organization that is
awarded a grant under this Act and uses the procedures
prescribed in regulations to create a rebuttable presumption
of reasonableness for the compensation of its officers,
directors, trustees and key employees, shall disclose to the
awarding entity, in the application for the grant, the
process for determining such compensation, including the
independent persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the awarding entity shall make the
information disclosed under this subparagraph available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department or the National Science Foundation 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 available by the Department 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 expended to host the
conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C) Report.--The Deputy Secretary of Homeland Security and
the Deputy Director of the National Science Foundation shall
submit to Congress an annual report on all conference
expenditures approved under this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this Act,
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.

SEC. 9. REFERENCE TO THE IMMIGRATION AND NATIONALITY 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 provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).

SEC. 10. DEFINITIONS.

In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.

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 Commissioner 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 Southern border.

SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
OFFICERS.

(a) In General.--Not later than September 30, 2017, the
Secretary shall increase the number of trained full-time
active duty U.S. Border Patrol agents deployed to the
Southern border by 5,000, compared to the number of such
officers as of the date of the enactment of this Act. The
Secretary shall make progress in increasing such number of
officers during each of 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 officers 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

[[Page S4421]]

Promotion Act of 2009, the'' and inserting ``The'';
(B) in subclause (I), by striking ``and'' at the end;
(C) by redesignating subclause (II) as subclause (III); and
(D) by inserting after subclause (I) the following:

``(II) $16 for border processing; and'';

(2) in clause (ii), by striking ``Amounts collected under
clause (i)(II)'' and inserting ``Amounts collected under
clause (i)(II) shall be deposited into the Comprehensive
Immigration Reform Trust Fund established by section 7(a)(1)
of the Border Security, Economic Opportunity, and Immigration
Modernization Act. Amounts collected under clause (i)(III)'';
and
(3) by striking clause (iii).

SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN
BORDER.

(a) In General.--With the approval of the Secretary of
Defense, the Governor of a State may 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, in the Southwest border region for the
purposes of assisting U.S. Customs and Border 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 assigned such operations
and missions specified in subsection (c) as may be necessary
to secure the Southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations 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 systems 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. Customs 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-trafficked 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 equipment 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 Personnel Strength
Limitations.--National Guard personnel deployed under
subsection (a) shall not be included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; 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 available pursuant to the
authorization of appropriations in paragraph (3), funds shall
be available--
(A) to increase the number of border crossing prosecutions
in each and every sector of the Southwest border region by at
least 50 percent per day, as calculated by the previous
yearly average on the date of the enactment of this Act,
through increasing the funding available for--
(i) attorneys and administrative support staff in offices
of United States attorneys;
(ii) support staff and interpreters in Court Clerks'
Offices;
(iii) pre-trial services;
(iv) activities of the Federal Public Defenders Office; and
(v) additional personnel, including Deputy U.S. Marshals in
United States Marshals' Offices to perform intake,
coordination, transportation, and court security; and
(B) to reimburse Federal, State, local, and tribal law
enforcement agencies for any detention costs related to the
border crossing prosecutions carried out pursuant to
subparagraph (A).
(2) Additional magistrate judges to assist with increased
caseload.--The chief judge of the United States district
courts within sectors of the Southwest border region are
authorized to appoint additional full-time magistrate judges,
who, consistent with the Constitution and laws of the United
States, shall 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 appropriated from
the Comprehensive Immigration Reform Trust Fund established
by section 7(a)(1) of this Act 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.
(2) Grants and reimbursements.--
(A) In general.--For purposes of paragraph (1), not less
than 90 percent of the amounts made available pursuant to the
authorization of appropriations in paragraph (3) shall be
allocated for grants and reimbursements to law enforcement
agencies in the States in the Southwest border region for
personnel, overtime, travel, and other costs related to
combating illegal immigration and drug smuggling in the
Southwest border region.
(B) Grants to law enforcement agencies.--Allocations for
grants and reimbursements to law enforcement agencies under
this paragraph shall be made by the Federal Emergency
Management Agency through a competitive process.
(3) Funding.--There are authorized to be appropriated from
the Comprehensive Immigration Reform Trust Fund pursuant to
section 7(a)(3)(C)(ii) of this Act such sums as may be
necessary to carry out this subsection.
(c) Physical and Tactical Infrastructure Improvements.--
(1) Construction, upgrade, and acquisition of border
control facilities.--The Secretary shall, consistent with the
Southern Border Security Strategy required by section 5 of
this Act, upgrade existing physical and tactical
infrastructure of the Department, and construct and acquire
additional physical and tactical infrastructure, 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) Field offices.
(G) All-weather roads.
(H) Lighting.
(I) Real property.
(J) Land border port of entry improvements.
(K) Other necessary facilities, structures, and properties.
(2) Required uses of funds.--The Secretary, consistent with
the Southern Border Security Strategy, shall do the
following:
(A) U.S. border patrol stations.--
(i) Construct additional U.S. Border Patrol stations in the
Southwest border region that U.S. Customs and Border
Protection determines are needed to provide full operational
support in rural, high-trafficked areas.
(ii) Analyze the feasibility of creating additional U.S.
Border Patrol sectors along the Southern border to interrupt
drug trafficking operations.
(B) U.S. border patrol checkpoints.--Operate and maintain
additional temporary or permanent checkpoints on roadways in
the Southwest border region in order to deter, interdict, and
apprehend terrorists, human traffickers, drug traffickers,
weapons traffickers, and other criminals before they enter
the interior of the United States.
(C) U.S. border patrol forward operating bases.--
(i) Establish additional permanent forward operating bases
for U.S. Border Patrol, as needed.
(ii) Upgrade existing forward operating bases to include
modular buildings, electricity, and potable water.
(iii) Ensure 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 infrastructure.--The Secretary
and the Secretary of Transportation, in consultation with the
Governors of the States in the Southwest border region or the
region along the Northern border, shall establish a grant
program, which shall be administered by the Secretary of
Transportation and the Administrator of the General Services
Administration, 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.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the district 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
Authorization 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.

[[Page S4422]]

(3) Technical and conforming amendments.--The table
contained in section 133(a) of title 28, United States Code,
is amended--
(A) by striking the item relating to the district of
Arizona and inserting the following:

``Arizona...............................................           15'';
(B) by striking the items relating to California and
inserting the following:
``California:
Northern................................................              14
Eastern.................................................               9
Central.................................................              28
Southern................................................           13'';

and
(C) by striking the items relating to Texas and inserting
the following:

Texas:
Northern................................................              12
Southern................................................              20
Eastern.................................................               7
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.--Incremental amounts collected
by reason of the enactment of this paragraph shall be
deposited as offsetting receipts in the special fund of the
Treasury established under section 1931 of title 28, United
States Code. Such amounts shall be available solely for the
purpose of facilitating the processing of civil cases, but
only to the extent specifically appropriated 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 judicial branch may discharge,
demote, threaten, suspend, harass, or in any other manner
discriminate against an employee in the terms and conditions
of employment because of any lawful act done by the employee
to provide information, cause information to be provided, or
otherwise 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 assist 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:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the Southern border.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary 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 provide 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;
(2) the security activities described in paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection personnel on
the natural and cultural resources present on individual
Federal land units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (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 use permits by the Secretaries
concerned for the activities 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 programmatic environmental impact statement
described in subsection (b).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental 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 actions by the
Secretary to achieve effective control 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 Secretary, in consultation with the
Commissioner of U.S. Customs and Border Protection and
consistent with the Southern Border Security Strategy
required by section 5 of this Act, shall upgrade existing
technological assets and equipment, and procure and deploy
additional technological assets and equipment, including the
following:
(1) Unarmed, unmanned aerial vehicles.
(2) Fixed-wing aircraft.
(3) Helicopters.
(4) Remote video surveillance camera systems.
(5) Mobile surveillance systems.
(6) Agent portable surveillance systems.
(7) Radar technology.
(8) Satellite technology.
(9) Fiber optics.
(10) Integrated fixed towers.
(11) Relay towers.
(12) Poles.
(13) Night vision equipment.
(14) Sensors, including imaging sensors and unattended
ground sensors.
(15) Biometric entry-exit systems.
(16) Contraband detection equipment.
(17) Digital imaging equipment.
(18) Document fraud detection equipment.
(19) Land vehicles.
(20) Officer and personnel safety equipment.
(21) Other technologies and equipment.
(b) Required Uses of Funds.--The Secretary, consistent with
the Southern Border Security Strategy, shall--
(1) deploy additional mobile, video, and agent-portable
surveillance systems, and unarmed, unmanned aerial vehicles
in the Southwest border region 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 aircraft and
helicopters along the Southern border;
(4) acquire new rotocraft and make upgrades to the existing
helicopter fleet;
(5) increase horse patrols in the Southwest border region;
and
(6) acquire and deploy watercraft and other equipment to
provide support for border-related maritime anti-crime
activities.
(c) 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 operate unarmed, unmanned aerial
vehicles in the San Diego and El Centro Sectors, except
within 3 miles of the Southern border.
(2) Exception.--The limitation under this subsection shall
not restrict the maritime operations of U.S. Customs and
Border Protection.
(d) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated, there is
authorized to be appropriated for each of fiscal years 2014
through 2018 for U.S. Customs and Border Protection such sums
as may be necessary to carry out this section.

SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

(a) Southwest Border Region Emergency Communications
Grants.--
(1) In general.--The Secretary, in consultation with the
Governors of the States in the Southwest border region, shall
establish a 2-year grant program, to be administered by the
Secretary, to improve 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; and
(B) is at greater risk of border violence due to the lack
of cellular service at his or her 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 established 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--

[[Page S4423]]

(A) to purchase, through a competitive procurement process,
P25-compliant radios, which may include a multi-band option,
for Federal law enforcement agents working in the Southwest
border region in support of the activities of U.S. Customs
and Border Protection and U.S. Immigration and Customs
Enforcement, 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 procurement process,
the communications network of the Department of Justice to
ensure coverage and capacity, particularly when immediate
access is needed in times of crisis, in the Southwest border
region for appropriate law enforcement personnel of the
Department of Justice (including the Drug Enforcement
Administration and the Bureau of Alcohol, Tobacco, Firearms,
and Explosives), the Department (including U.S. Immigration
and Customs Enforcement and U.S. Customs and Border
Protection), the United States Marshals Service, other
Federal agencies, the State of Arizona, tribes, and local
governments.
(2) State and local law enforcement.--
(A) Authorization of appropriations.--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 include a multi-band option, for State and local law
enforcement agents working in the Southwest 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 Interior, or any of their
respective subagencies, such law enforcement agency shall
have access to the spectrum assigned to such Federal agency
for the duration of such emergency situation.

SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

(a) Reimbursement to State and Local Prosecutors for
Federally Initiated Immigration-related Criminal Cases.--The
Attorney General shall reimburse State, county, tribal, and
municipal governments for costs associated with the
prosecution, pre-trial services and detention, clerical
support, and public defenders' services associated with the
prosecution of federally initiated 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 reimbursement has
engaged in unlawful conduct in connection with immigration-
related apprehensions.
(c) 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 section.

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 Defense
that could be used by U.S. Customs and Border Protection to
improve the security of the Southern border by--
(1) detecting border tunnels;
(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
``2016.''.
(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)) is amended--
(A) by redesignating paragraphs (4), (5), and (6), as
paragraphs (5), (6), and (7), respectively;
(B) in paragraph (7), as so redesignated, by striking
``(5)'' and inserting ``(6)''; and
(C) by adding after paragraph (3) the following:
``(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 unlawfully present in the United States, the
Attorney General shall compensate the State or political
subdivision of the State for incarceration of the alien,
consistent with subsection (i)(2).''.
(3) Timely reimbursement.--Section 241(i) (8 U.S.C.
1231(i)), as amended by paragraph (2), is further amended by
adding at the end the following:
``(8) Any funds awarded to a State or a political
subdivision of a State, including a municipality, for a
fiscal year under this subsection shall be distributed to
such State or political subdivision not later than 120 days
after the last day of the application period for assistance
under this subsection for that fiscal year.''.

SEC. 1111. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

(a) Authority.--
(1) In general.--The Secretary, in consultation with State
and local law enforcement agencies, may award border security
assistance grants to law enforcement agencies located in the
Southwest border region for the purposes described in
subsection (b).
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to law enforcement agencies
located in a county that is located within 25 miles of the
Southern border.
(b) Purposes.--Each grant awarded under subsection (a)
shall be used to address drug trafficking, smuggling, and
border violence--
(1) by obtaining law enforcement equipment and tools,
including secure 2-way communication devices, portable
laptops and office computers, license plate readers, unmanned
aerial vehicles, unmanned aircraft systems, manned aircraft,
cameras with night viewing capabilities, and any other
appropriate law enforcement equipment;
(2) by hiring additional personnel, including
administrative support personnel, dispatchers, and jailers,
and to provide overtime pay for such personnel;
(3) by purchasing law enforcement vehicles;
(4) by providing high performance aircraft and helicopters
for border surveillance and other critical mission
applications and paying for the operational and maintenance
costs associated with such craft;
(5) by providing critical power generation systems,
infrastructure, and technological upgrades to support State
and local data management systems and fusion centers; or
(6) by providing specialized training and paying for the
direct operating expenses associated with detecting and
prosecuting drug trafficking, human smuggling, and other
illegal activity or violence that occurs at or near the
Southern border.
(c) Application.--
(1) Requirement.--A law enforcement agency seeking a grant
under subsection (a), or a nonprofit organization or
coalition acting as an agent for 1 or more such law
enforcement entities, shall submit an application to the
Secretary that includes the information described in
paragraph (2) at such time and in such manner as the
Secretary may require.
(2) Content.--Each application submitted under paragraph
(1) shall include--
(A) a description of the activities to be carried out with
a grant awarded under subsection (a);
(B) if equipment will be purchased with the grant, a
detailed description of--
(i) the type and quantity of such equipment; and
(ii) the personnel who will be using such equipment;
(C) a description of the need of the law enforcement agency
or agencies for the grant, including a description of the
inability of the agency or agencies to carry out the proposed
activities without the grant; and
(D) an assurance that the agency or agencies will, to the
extent practicable, seek, recruit, and hire women and members
of racial and ethnic minority groups in law enforcement
positions of the agency or agencies.
(d) Review and Award.--
(1) Review.--Not later than 90 days after receiving an
application submitted under subsection (c), the Secretary
shall review and approve or reject the application.
(2) Award of funds.--Subject to the availability of
appropriations, not later than 45 days after the date an
application is approved under paragraph (1), the Secretary
shall transmit the grant funds to the applicant.
(3) Priority.--In distributing grant funds under this
subsection, priority shall be given to high-intensity areas
for drug trafficking, smuggling, and border violence.
(e) Authorization of Appropriations.--There is authorized
to be appropriated for each of fiscal years 2014 and 2015,
$300,000,000 for grants authorized under this section.

SEC. 1112. USE OF FORCE.

Not later than 180 days after the date of the enactment 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 governing 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 personnel;
(B) disciplining Department personnel who violate any law
or Department policy relating to the use of force; and
(C) reviewing all uses of force by Department 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. 1113. TRAINING FOR BORDER SECURITY AND IMMIGRATION
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 Enforcement officers and
agents, United States Air and Marine Division agents,
agriculture specialists,

[[Page S4424]]

and, in consultation with the Secretary of Defense, National
Guard personnel deployed to assist U.S. Customs and Border
Protection under section 1103(c)(6)) of this Act, stationed
within 100 miles of any land or marine border of the United
States or at any United States port of entry receive
appropriate 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;
(3) the scope of enforcement authorities, including
interrogations, stops, searches, seizures, arrests, and
detentions;
(4) the use of force policies issued by the Secretary
pursuant to section 1112 of this Act;
(5) immigration laws, including screening, identifying, and
addressing vulnerable populations, such as children, victims
of crime and human trafficking, and individuals fleeing
persecution or torture;
(6) social and cultural sensitivity toward border
communities;
(7) the impact of border operations on communities; and
(8) any particular environmental concerns in a particular
area.
(b) Training for Border Community Liaison Officers.--The
Secretary shall ensure that border communities liaison
officers in U.S. Border Patrol sectors along the Southern
border and the Northern border receive training to better--
(1) act as a liaison between border communities and the
Office for Civil Rights and Civil Liberties of the Department
and the Civil Rights Division of the Department of Justice;
(2) foster and institutionalize consultation with border
communities;
(3) consult with border communities on Department programs,
policies, strategies, and directives; and
(4) receive Department performance assessments from border
communities.
(c) Humane Conditions of Confinement for Children in U.S.
Customs and Border Protection Custody.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall establish standards to ensure that children
in the custody of U.S. Customs and Border Protection--
(1) are afforded adequate medical and mental health care,
including emergency medical and mental health care, if
necessary;
(2) receive adequate nutrition;
(3) are provided with climate-appropriate clothing,
footwear, and bedding;
(4) have basic personal hygiene and sanitary products; and
(5) are permitted to make supervised phone calls to family
members.

SEC. 1114. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT
TASK FORCE.

(a) Establishment.--
(1) In general.--There is established an independent task
force, which shall be known as the Department of Homeland
Security Border Oversight Task Force (referred to in this
section as the ``DHS Task Force'').
(2) Duties.--The DHS Task Force shall--
(A) review and make recommendations regarding immigration
and border enforcement policies, strategies, and programs
that take into consideration their impact on border
communities;
(B) recommend ways in which the Border Communities Liaison
Offices can strengthen relations and collaboration between
communities in the border regions and the Department, the
Department of Justice, and other Federal agencies that carry
out such policies, strategies, and programs;
(C) evaluate how the policies, strategies, and programs of
Federal agencies operating along the Southern border and the
Northern border protect the due process, civil, and human
rights of border residents, visitors, and migrants at and
near such borders; and
(D) evaluate and make recommendations regarding the
training of border enforcement personnel described in section
1113 of this Act.
(3) Membership.--
(A) In general.--The DHS Task Force shall be composed of 29
members, appointed by the President, who have expertise in
migration, local crime indices, civil and human rights,
community relations, cross-border trade and commerce, quality
of life indicators, or other pertinent experience, of whom--
(i) 12 members shall be from the Northern border region and
shall include--

(I) 2 local government elected officials;
(II) 2 local law enforcement official;
(III) 2 civil rights advocates;
(IV) 1 business representative;
(V) 1 higher education representative;
(VI) 1 private land owner representative;
(VII) 1 representative of a faith community; and
(VIII) 2 representatives of U.S. Border Patrol; and

(ii) 17 members shall be from the Southern border region
and include--

(I) 3 local government elected officials;
(II) 3 local law enforcement officials;
(III) 3 civil rights advocates;
(IV) 2 business representatives;
(V) 1 higher education representative;
(VI) 2 private land owner representatives;
(VII) 1 representative of a faith community; and
(VIII) 2 representatives of U.S. Border Patrol.

(B) Term of service.--Members of the Task Force shall be
appointed for the shorter of--
(i) 3 years; or
(ii) the life of the DHS Task Force.
(C) Chair, vice chair.--The members of the DHS Task Force
shall elect a Chair and a Vice Chair from among its members,
who shall serve in such capacities for the life of the DHS
Task Force or until removed by the majority vote of at least
14 members.
(b) Operations.--
(1) Hearings.--The DHS Task Force may, for the purpose of
carrying out its duties, hold hearings, sit and act, take
testimony, receive evidence, and administer oaths.
(2) Recommendations.--The DHS Task Force may make findings
or recommendations to the Secretary related to the duties
described in subsection (a)(2).
(3) Response.--Not later than 180 days after receiving
findings and recommendations from the DHS Task Force under
paragraph (2), the Secretary shall issue a response that
describes how the Department has addressed, or will address,
such findings and recommendations. If the Secretary disagrees
with any finding of the DHS Task Force, the Secretary shall
provide an explanation for the disagreement.
(4) Information from federal agencies.--The Chair, or 16
members of the DHS Task Force, may request statistics
relating to the duties described in subsection (a)(2)
directly from any Federal agency, which shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the DHS Task Force.
(5) Compensation.--Members of the DHS Task Force shall
serve without pay, but shall be reimbursed for reasonable
travel and subsistence expenses incurred in the performance
of their duties.
(c) Report.--Not later than 2 years after its first
meeting, the DHS Task Force shall submit to the President,
the Secretary, and Congress a final report that contains--
(1) findings with respect to the duties of the DHS Task
Force; and
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs, including--
(A) a recommendation as to whether the DHS Task Force
should continue to operate; and
(B) a description of any duties the DHS Task Force should
be responsible for after the termination date described in
subsection (e).
(d) Sunset.--The DHS Task Force shall terminate operations
60 days after the date on which the DHS Task Force submits
the report described in subsection (c).
(e) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2014 through 2017
such sums as may be necessary to carry out this section.

SEC. 1115. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE
DEPARTMENT OF HOMELAND SECURITY.

(a) Establishment.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following new section:

``SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS.

``(a) In General.--There shall be within the Department an
Ombudsman for Immigration Related Concerns (in this section
referred to as the `Ombudsman'). The individual appointed as
Ombudsman shall have a background in immigration law as well
as civil and human rights law. The Ombudsman shall report
directly to the Deputy Secretary.
``(b) Functions.--The functions of the Ombudsman shall be
as follows:
``(1) To receive and resolve complaints from individuals
and employers and assist in resolving problems with the
immigration components of the Department.
``(2) To conduct inspections of the facilities or contract
facilities of the immigration components of the Department.
``(3) To assist individuals and families who have been the
victims of crimes committed by aliens or violence near the
United States border.
``(4) To identify areas in which individuals and employers
have problems in dealing with the immigration components of
the Department.
``(5) To the extent practicable, to propose changes in the
administrative practices of the immigration components of the
Department to mitigate problems identified under paragraph
(4).
``(6) To review, examine, and make recommendations
regarding the immigration and enforcement policies,
strategies, and programs of U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and
U.S. Citizenship and Immigration Services.
``(c) Other Responsibilities.--In addition to the functions
specified in subsection (b), the Ombudsman shall--
``(1) monitor the coverage and geographic allocation of
local offices of the Ombudsman, including appointing a local
ombudsman for immigration related concerns; and
``(2) evaluate and take personnel actions (including
dismissal) with respect to any employee of the Ombudsman.
``(d) Request for Investigations.--The Ombudsman shall have
the authority to request the Inspector General of the
Department of Homeland Security to conduct inspections,
investigations, and audits.
``(e) Coordination With Department Components.--The
Director of U.S. Citizenship

[[Page S4425]]

and Immigration Services, the Assistant Secretary of
Immigration and Customs Enforcement, and the Commissioner of
Customs and Border Protection shall each establish procedures
to provide formal responses to recommendations submitted to
such official by the Ombudsman.
``(f) Annual Reports.--Not later than June 30 of each year,
the Ombudsman shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on the objectives of the
Ombudsman for the fiscal year beginning in such calendar
year. Each report shall contain full and substantive
analysis, in addition to statistical information, and shall
set forth any recommendations the Ombudsman has made on
improving the services and responsiveness of U.S. Citizenship
and Immigration Services, U.S. Immigration and Customs
Enforcement, and U.S. Customs and Border Protection and any
responses received from the Department regarding such
recommendations.''.
(b) Repeal of Superseded Authority.--Section 452 of the
Homeland Security Act of 2002 (6 U.S.C. 272) is repealed.
(c) Clerical Amendments.--The table of contents for the
Homeland Security Act of 2002 is amended--
(1) by inserting after the item relating to section 103 the
following new item:

``Sec. 104. Ombudsman for immigration related concerns.''; and
(2) by striking the item relating to section 452.

SEC. 1116. PROTECTION OF FAMILY VALUES IN APPREHENSION
PROGRAMS.

(a) Definitions.--In this section:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating
entity pursuant to a migration deterrence program carried out
at a border.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given to the term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of 1 or more
apprehended individuals for a suspected or confirmed
violation of the Immigration and Nationality Act (8 U.S.C.
1001 et seq.) by the Secretary or a cooperating entity.
(b) Procedures for Migration Deterrence Programs at the
Border.--In any migration deterrence program carried out at a
border, the Secretary and cooperating entities shall for each
apprehended individual--
(1) as soon as practicable after such individual is
apprehended--
(A) inquire as to whether the apprehended individual is--
(i) a parent, legal guardian, or primary caregiver of a
child; or
(ii) traveling with a spouse or child; and
(B) ascertain whether repatriation of the apprehended
individual presents any humanitarian concern or concern
related to such individual's physical safety; and
(2) ensure that, with respect to a decision related to the
repatriation or referral for prosecution of the apprehended
individual, due consideration is given--
(A) to the best interests of such individual's child, if
any;
(B) to family unity whenever possible; and
(C) to other public interest factors, including
humanitarian concerns and concerns related to the apprehended
individual's physical safety.
(c) Mandatory Training.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Attorney
General, the Secretary of State, and independent immigration,
child welfare, family law, and human rights law experts,
shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and
cooperating entities who come into contact with apprehended
individuals in all legal authorities, policies, and
procedures relevant to the preservation of a child's best
interest, family unity, and other public interest factors,
including those described in this Act; and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and
changes in relevant legal authorities, policies, and
procedures pertaining to the preservation of a child's best
interest, family unity, and other public interest factors,
including those described in this Act.
(d) Annual Report on the Impact of Migration Deterrence
Programs at the Border.--
(1) Requirement for annual report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report
that describes the impact of migration deterrence programs on
parents, legal guardians, primary caregivers of a child,
individuals traveling with a spouse or child, and individuals
who present humanitarian considerations or concerns related
to the individual's physical safety.
(2) Contents.--Each report submitted under paragraph (1)
shall include for the previous 1-year period an assessment
of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the parent,
legal guardian, or primary caregiver of a child who is a
citizen of the United States;
(B) the number of occasions in which both parents, or the
primary caretaker of such a child was removed, repatriated,
or referred for prosecution as part of a migration deterrence
program;
(C) the number of apprehended individuals traveling with
close family members who are removed, repatriated, or
referred for prosecution; and
(D) the impact of migration deterrence programs on public
interest factors, including humanitarian concerns and
physical safety.
(e) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to implement this section.

SEC. 1117. EMERGENCY PORT OF ENTRY PERSONNEL AND
INFRASTRUCTURE FUNDING.

(a) Staff Enhancements.--In addition to positions
authorized before the date of the enactment of this Act and
any existing officer vacancies within U.S. Customs and Border
Protection on such date, the Secretary shall, subject to the
availability of appropriations for such purpose, hire, train,
and assign to duty, by not later than September 30, 2018--
(1) 5,000 full-time officers of U.S. Customs and Border
Protection to serve--
(A) on all inspection lanes (primary, secondary, incoming,
and outgoing) and enforcement teams at United States land
ports of entry on the Northern border and the Southern
border; and
(B) at airports to implement the biometric entry-exit
system in accordance with the requirements set forth in
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b); and
(2) 350 full-time support staff distributed among all
United States ports of entry.
(b) Waiver of Personnel Limitation.--The Secretary may
waive any limitation on the number of full-time equivalent
personnel assigned to the Department in order to fulfill the
requirements under subsection (a).
(c) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report containing
the Department's plans for ensuring the placement of
sufficient officers of U.S. Customs and Border Protection on
outbound inspections, and adequate outbound infrastructure,
at all Southern and Northern border land ports of entry.
(2) Agricultural specialists.--Not later than 90 days after
the date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, shall submit
to the appropriate committees of Congress a report that
contains the Department's plans for ensuring the placement of
sufficient agriculture specialists at all Southern border and
Northern border land ports of entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) describes in detail the Department's implementation
plan for staff enhancements required under subsection (a);
(B) includes the number of additional personnel assigned to
duty at land ports of entry by location; and
(C) describes the methodology used to determine the
distribution of additional personnel to address northbound
and southbound cross-border inspections.
(4) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(d) Secure Communication.--The Secretary shall ensure that
each officer of U.S. Customs and Border Protection is
equipped with a secure 2-way communication and satellite-
enabled device, supported by system interoperability, that
allows such officers to communicate between ports of entry
and inspection stations, and with other Federal, State,
local, and tribal law enforcement entities.
(e) Border Area Security Initiative Grant Program.--The
Secretary shall establish a grant program for the purchase of
detection equipment at land ports of entry and mobile, hand-
held, 2-way communication and biometric devices for State and
local law enforcement officers serving on the Southern border
and Northern border.
(f) Port of Entry Infrastructure Improvements.--In order to
aid in the enforcement of Federal customs, immigration, and
agriculture laws, the Commissioner of U.S. Customs and Border
Protection may--
(1) design, construct, and modify United States ports of
entry, living quarters for officers, agents, and personnel,
and other structures and facilities, including those owned by
municipalities, local governments, or private entities
located at land ports of entry;
(2) acquire, by purchase, donation, exchange, or otherwise,
land or any interest in land determined to be necessary to
carry out the Commissioner's duties under this section; and

[[Page S4426]]

(3) construct additional ports of entry along the Southern
border and the Northern border.
(g) Consultation.--
(1) Locations for new ports of entry.--The Secretary shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of State, the International
Boundary and Water Commission, the International Joint
Commission, and appropriate representatives of States, local
governments, Indian tribes, and property owners--
(A) to determine locations for new ports of entry; and
(B) to minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce, and
quality of life for the communities and residents located
near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality and validity of any
determination under this Act by the Secretary; or
(C) to affect any consultation requirement under any other
law.
(h) Authority To Acquire Leaseholds.--Notwithstanding any
other provision of law, the Secretary may acquire a leasehold
interest in real property, and may construct or modify any
facility on the leased property, if the Secretary determines
that the acquisition of such interest, and such construction
or modification, are necessary to facilitate the
implementation of this Act.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, for each of the
fiscal years 2014 through 2018, $1,000,000,000, of which
$5,000,000 shall be used for grants authorized under
subsection (e).
(j) Offset; Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation as of the date of the enactment of this Act (other
than the unobligated funds described in paragraph (4)),
amounts determined by the Director of the Office of
Management and Budget such that the aggregate amount of the
rescission equals the amount authorized to be appropriated
under subsection (i).
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(A) the appropriation accounts from which the rescission
under paragraph (1) shall apply; and
(B) the amount of the rescission that shall be applied to
each such account.
(3) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to Congress and
to the Secretary of the Treasury that describes the accounts
and amounts determined and identified under paragraph (2) for
rescission under paragraph (1).
(4) Exceptions.--This subsection shall not apply to
unobligated funds of--
(A) the Department of Defense;
(B) the Department of Veterans Affairs; or
(C) the Department of Homeland Security.

SEC. 1118. CROSS-BORDER TRADE ENHANCEMENT.

(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
General Services Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(3) Person.--The term ``person'' means an individual or any
corporation, partnership, trust, association, or any other
public or private entity, including a State or local
government.
(b) Agreements Authorized.--Notwithstanding any other
provision of law, upon the request of any persons, the
Administrator may, for purposes of facilitating construction,
alteration, operation or maintenance of a new or existing
facility or other infrastructure at a port of entry, enter
into cost-sharing or reimbursement agreements or accept a
donation of real and personal property (including monetary
donations) and nonpersonal services.
(c) Evaluation Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish procedures for evaluating
a proposal submitted by any person under subsection (b)--
(A) to enter into a cost-sharing or reimbursement agreement
with the Administration to facilitate the construction,
alteration, operation, or maintenance of a new or existing
facility or other infrastructure at a land border port of
entry; or
(B) to provide the Administration with a donation of real
and personal property (including monetary donations) and
nonpersonal services to be used in the construction,
alteration, operation, or maintenance of a facility or other
infrastructure at a land border port of entry under the
control of the Administration.
(2) Specification.--Donations made under paragraph (1)(B)
may specify--
(A) the land port of entry facility or facilities in
support of which the donation is being made; and
(B) the time frame in which the donated property or
services shall be used.
(3) Return of donation.--If the Administrator does not use
the property or services donated pursuant to paragraph (1)(B)
for the specific facility or facilities designated pursuant
to paragraph (2)(A) or within the time frame specified
pursuant to paragraph (2)(B), such donated property or
services shall be returned to the person that made the
donation.
(4) Determination and notification.--
(A) In general.--Not later than 90 days after receiving a
proposal pursuant to subsection (b) with respect to the
construction or maintenance of a facility or other
infrastructure at a land border port of entry, the
Administrator shall--
(i) make a determination with respect to whether or not to
approve the proposal; and
(ii) notify the person that submitted the proposal of--

(I) the determination; and
(II) if the Administrator did not approve the proposal, the
reasons for such disapproval.

(B) Considerations.--In determining whether or not to
approve a proposal under this subsection, the Administrator
shall consider--
(i) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same
border;
(ii) the potential of the proposal to increase trade and
travel efficiency through added capacity; and
(iii) the potential of the proposal to enhance the security
of the port of entry.
(d) Delegation.--For facilities where the Administrator has
delegated or transferred to the Secretary, operations,
ownership, or other authorities over land border ports of
entry, the authorities and requirements of the Administrator
under this section shall be deemed to apply to the Secretary.

SEC. 1119. HUMAN TRAFFICKING REPORTING.

(a) Short Title.--This section may be cited as the ``Human
Trafficking Reporting Act of 2013''.
(b) Findings.--Congress finds the following:
(1) Human trafficking is a form of modern-day slavery.
(2) According to the Trafficking Victims Protection Act of
2000 ``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age;
or
(B) the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage,
or slavery.
(3) There is an acute need for better data collection of
incidents of human trafficking across the United States in
order to effectively combat severe forms of trafficking in
persons.
(4) The State Department's 2012 Trafficking in Persons
report found that--
(A) the United States is a ``source, transit and
destination country for men, women, and children, subjected
to forced labor, debt bondage, domestic servitude and sex
trafficking,''; and
(B) the United States needs to ``improve data collection on
human trafficking cases at the Federal, state and local
levels''.
(5) The International Organization for Migration has
reported that in order to effectively combat human
trafficking there must be reliable and standardized data,
however, the following barriers for data collection exist:
(A) The illicit and underground nature of human
trafficking.
(B) The reluctance of victims to share information with
authorities.
(C) Insufficient human trafficking data collection and
research efforts by governments world wide.
(6) A 2009 report to the Department of Health and Human
Services entitled Human Trafficking Into and Within the
United States: A Review of the Literature found that ``the
data and methodologies for estimating the prevalence of human
trafficking globally and nationally are not well developed,
and therefore estimates have varied widely and changed
significantly over time''.
(7) The Federal Bureau of Investigation compiles national
crime statistics through the Uniform Crime Reporting Program.
(8) Under current law, State and local governments
receiving Edward Byrne Memorial Justice Assistance grants are
required to share data on part 1 violent crimes with the
Federal Bureau of Investigation for inclusion in the Uniform
Crime Reporting Program.
(9) The addition of severe forms of trafficking in persons
to the definition of part 1 violent crimes will ensure that
statistics on this heinous crime will be compiled and
available through the Federal Bureau of Investigation's
Uniform Crime Report.
(c) Human Trafficking To Be Included in Part 1 Violent
Crimes for Purposes of Byrne Grants.--Section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3755) is amended by adding at the end the following new
subsection:
``(i) Part 1 Violent Crimes To Include Human Trafficking.--
For purposes of this section, the term `part 1 violent
crimes' shall include severe forms of trafficking in persons,
as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).''.

SEC. 1120. PROHIBITION ON LAND BORDER CROSSING FEES.

The Secretary shall not establish, collect, or otherwise
impose a border crossing fee for pedestrians or passenger
vehicles at land

[[Page S4427]]

ports of entry along the Southern border or the Northern
border, nor conduct any study relating to the imposition of
such a fee.

SEC. 1121. DELEGATION.

The Secretary may delegate any authority provided to the
Secretary under this Act or an amendment made by this Act to
the Secretary of Agriculture, the Attorney General, the
Secretary of Defense, the Secretary of Health and Human
Services, the Secretary of State, or the Commissioner of
Social Security.

SEC. 1122. SEVERABILITY.

If any provision of this Act or any amendment made by this
Act, or any application of such provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of the provisions of this Act and the amendments
made by this Act and the application of the provision or
amendment to any other person or circumstance shall not be
affected.

SEC. 1123. RULE OF CONSTRUCTION.

Nothing in this Act may be construed to authorize the
deployment, procurement, or construction of fencing along the
Northern border.

On page 1008, strike line 18 and all that follows through
page 1009, line 22, and insert the following:
``(2) Required disclosures.--The Secretary shall provide
the information furnished in an application filed under
section 245B, 245C, 245D, or 245F or section 2211 of the
Border Security, Economic Opportunity, and Immigration
Modernization Act, and any other information derived from
such furnished information to--
``(A) a law enforcement agency, intelligence agency,
national security agency, a component of the Department of
Homeland Security, court, or grand jury, in each instance
about an individual suspect or group of suspects, consistent
with law, in connection with--
``(i) a criminal investigation or prosecution;
``(ii) a national security investigation or prosecution; or
``(iii) a duly authorized investigation of a civil
violation; and
``(B) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
``(3) Inapplicability after denial.--The limitations set
forth in paragraph (1)--
``(A) shall apply only until--
``(i) an application filed under section 245B, 245C, 245D,
or 245F or section 2211 of the Border Security, Economic
Opportunity, and Immigration Modernization Act is denied; and
``(ii) all opportunities for administrative appeal of the
denial have been exhausted; and
``(B) shall not apply to the use of the information
furnished pursuant to such application in any removal
proceeding or other criminal or civil case or action relating
to an alien whose application has been granted that is based
upon any violation of law committed or discovered after such
grant.
``(4) Criminal convictions.--Notwithstanding any other
provision of this section, information concerning whether the
applicant has, at any time, been convicted of a crime may be
used or released for immigration enforcement and law
enforcement purposes.
``(5) Auditing and evaluation of information.--The
Secretary may--
``(A) audit and evaluate information furnished as part of
any application filed under section 245B, 245C, 245D, or 245F
for purposes of identifying immigration fraud or fraud
schemes; and
``(B) use any evidence detected by means of audits and
evaluations for purposes of investigating, prosecuting,
referring for prosecution, or denying or terminating
immigration benefits.
``(6) Use of information in petitions and applications
subsequent to adjustment of status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 245C,
245D, or 245F, the Secretary, at any time thereafter, may use
the information furnished by the alien in the application for
adjustment of status or in an application for status under
section 245B, 245C, 245D, or 245F to make a determination on
any petition or application.
``(7) Construction.--Nothing in this section may be
construed to limit the use or release, for immigration
enforcement purposes, of information contained in files or
records of the Secretary or the Attorney General pertaining
to applications filed under section 245B, 245C, 245D, or 245F
other than information furnished by an applicant in the
application, or any other information derived from the
application, that is not available from any other source.

Beginning on page 945, strike line 21 and all that follows
through page 946, line 12 and insert the following:

``(III) an offense, unless the applicant demonstrates, by
clear and convincing evidence, that he or she is innocent of
the offense, that he or she is the victim of such offense, or
that no offense occurred, which is classified as a
misdemeanor in the convicting jurisdiction which involved--

``(aa) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
``(bb) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(cc) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
``(dd) the violation of a protection order (as defined in
section 2266 of title 18, United States Code); or
``(ee) driving while intoxicated (as defined in section 164
of title 23, United States Code);

``(IV) 3 or more misdemeanor offenses (other than minor
traffic offenses or State or local offenses for which an
essential element was the alien's immigration status, or a
violation of this Act);
``(V) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) (excluding the paragraphs set forth in
clause (ii)) or removable under section 237(a), except as
provided in paragraph (3) of section 237(a); or

On page 948, beginning on line 14, strike ``subparagraph
(A)(i)(III) or''.

On page 955, strike lines 1 through 5 and insert the
following:
``(C) Interview.--In order to determine whether an
applicant meets the eligibility requirements set forth in
subsection (b), the Secretary--
``(i) shall interview each such applicant who--

``(I) has been convicted of any criminal offense;
``(II) has previously been deported; or
``(III) without just cause, has failed to respond to a
notice to appear as required under section 239; and

``(ii) may, in the Secretary's sole discretion, interview
any other applicant for registered provisional immigrant
status under this section.

Beginning on page 956 strike line 7 and all that follows
through page 961, line 13.

Beginning on page 1014, strike line 1 and all that follows
through page 1020, line 2.

After section 2009 insert the following:

SEC. 2110. VISA INFORMATION SHARING.

Section 222(f) (8 U.S.C. 1202(f)) is amended--
(1) in the matter preceding paragraph (1), by striking
``issuance or refusal'' and inserting ``issuance, refusal, or
revocation''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``discretion and on the basis of reciprocity,'' and inserting
``discretion,'';
(B) by amending subparagraph (A) to read as follows:
``(A) with regard to individual aliens, at any time on a
case-by-case basis for the purpose of--
``(i) preventing, investigating, or punishing acts that
would constitute a crime in the United States, including, but
not limited to, terrorism or trafficking in controlled
substances, persons, or illicit weapons; or
``(ii) determining a person's removability or eligibility
for a visa, admission, or other immigration benefit;''; and
(C) in subparagraph (B)--
(i) by striking ``for the purposes'' and inserting ``for
one of the purposes''; and
(ii) by striking ``or to deny visas to persons who would be
inadmissible to the United States.'' and inserting ``; or'';
and
(D) by adding at the end the following:
``(C) with regard to any or all aliens in the database-
specified data elements from each record, if the Secretary of
State determines that it is in the national interest to
provide such information to a foreign government.''.

On page 1579, line 11, by inserting ``less than 5 years
nor'' after ``not''.

On page 1579, line 15, by inserting ``not less than 10''
after ``years''; and

On page 1579, between lines 15 and 16, insert the
following:
``(8) in the case of a violation that is the third or more
subsequent offense committed by such person under this
section or section 1324, shall be fined under title 18,
imprisoned not less than 5 years nor more than 40 years, or
both; or
``(9) in the case of a violation that negligently,
recklessly, knowingly, or intentionally results in a victim
being involuntarily forced into labor or prostitution, shall
be fined under title 18, imprisoned not less than 5 years nor
more than 40 years, or both.

On page 1582, between lines 14 and 15 insert the following:
(d) Targeting Transnational Criminal Organizations That
Engage in Money Laundering.--Section 1956(c)(7) of title 18,
United States Code is amended--
(1) in subparagraph (E), by striking ``or'' after the
semicolon;
(2) in subparagraph (F), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following--
``(G) any act which is indictable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), including section
274 of such Act (relating to bringing in and harboring
certain aliens), section 277 of such Act (relating to aiding
or assisting certain aliens to enter the United States), or
section 278 of such Act (relating to importation of an alien
for immoral purpose);''.

SEC. 3713. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND
HUMAN RIGHTS VIOLATIONS.

(a) Bringing in and Harboring Certain Aliens.--Section 274
(8 U.S.C. 1324) is amended--
(1) in subsection (a)(1)(B)--
(A) by redesignating clauses (iii) and (iv) as clauses (vi)
and (vii), respectively;
(B) by inserting after clause (ii) the following:

[[Page S4428]]

``(iii) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that is the third or subsequent
offense committed by such person under this section, shall be
fined under title 18, imprisoned not less than 5 years nor
more than 25 years, or both;
``(iv) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that negligently, recklessly,
knowingly, or intentionally results in a victim being
involuntarily forced into labor or prostitution, shall be
fined under title 18, imprisoned not less than 5 years nor
more than 25 years, or both;
``(v) in the case of a violation of subparagraph
(A)(i),(ii),(iii),(iv),or(v) during and in relation to which
any person is subjected to an involuntary sexual act (as
defined in section 2246(2) of title 18), be fined under title
18, imprisoned for not less than 5 years, nor more than 25
years, or both;'' and
(C) in clause (vi), as redesignated, by striking inserting
``and not less than 10'' before ``years''; and
(2) by amending subsection (b)(1) to read as follows:
``(1) In general.--Any property, real or personal, involved
in or used to facilitate the commission of a violation or
attempted violation of subsection (a) of this section, the
gross proceeds of such violation or attempted violation, and
any property traceable to such property or proceeds, shall be
seized and subject to forfeiture.''.

SEC. 3714. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

(a) Victim Remains.--The Attorney General shall appoint an
official to ensure that information regarding missing aliens
and unidentified remains found in the covered area are
included in a database of the National Missing and
Unidentified Persons System.
(b) Reimbursement.--The Secretary shall reimburse county,
municipal, and tribal governments in the United States that
are located in the covered area for costs associated with the
transportation and processing of unidentified remains, found
in the desert or on ranch lands, on the condition that the
remains are transferred either to an official medical
examiner's office, or a local university with the capacity to
analyze human remains using forensic best practices.
(c) Border Crossing Data.--The National Institute of
Justice shall encourage genetic laboratories receiving
Federal grant monies to process samples from unidentified
remains discovered within the covered area and compare the
resulting genetic profiles against samples from the relatives
of any missing individual, including those provided by
foreign consulates or authorized entities.
(d) Covered Area Defined.--In this section, the term
``covered area'' means the area of United States within 200
miles of the international border between the United States
and Mexico.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2014 through 2018 to carry out this section.

SEC. 3715. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

(a) Short Title.--This section may be cited as the
``Putting the Brakes on Human Smuggling Act''.
(b) First Violation.--Paragraph (1) of section 31310(b) of
title 49, United States Code, is amended--
(1) in subparagraph (D), by striking the ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon and ``or''; and
(3) by adding at the end the following:
``(F) using a commercial motor vehicle in willfully aiding
or abetting an alien's illegal entry into the United States
by transporting, guiding, directing, or attempting to assist
the alien with the alien's entry in violation of section 275
of the Immigration and Nationality Act (8 U.S.C. 1325),
regardless of whether the alien is ultimately fined or
imprisoned for an act in violation of such section.''.
(c) Second or Multiple Violations.--Paragraph (1) of
section 31310(c) of title 49, United States Code, is
amended--
(1) in subparagraph (E), by striking the ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
(3) in subparagraph (G), as so redesignated, by striking
``(E)'' and inserting ``(F)''; and
(4) by inserting after subparagraph (E) the following:
``(F) using a commercial motor vehicle on more than one
occasion in willfully aiding or abetting an alien's illegal
entry into the United States by transporting, guiding,
directing and attempting to assist the alien with alien's
entry in violation of section 275 of the Immigration and
Nationality Act (8 U.S.C. 1325), regardless of whether the
alien is ultimately fined or imprisoned for an act in
violation of such section; or''.
(d) Lifetime Disqualification.--Subsection (d) of section
31310 of title 49, United States Code, is amended to read as
follows:
``(d) Lifetime Disqualification.--The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle--
``(1) in committing a felony involving manufacturing,
distributing, or dispensing a controlled substance, or
possessing with the intent to manufacture, distribute, or
dispense a controlled substance; or
``(2) in committing an act for which the individual is
convicted under--
``(A) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324); or
``(B) section 277 of such Act (8 U.S.C. 1327).''.
(e) Reporting Requirements.--
(1) Commercial driver's license information system.--
Paragraph (1) of section 31309(b) of title 49, United States
Code, is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(C) by adding at the end the following new subparagraph:
``(G) whether the operator was disqualified, either
temporarily or for life, from operating a commercial motor
vehicle under section 31310, including under subsection
(b)(1)(F), (c)(1)(F), or (d) of such section.''.
(2) Notification by the state.--Paragraph (8) of section
31311(a) of title 49, United States Code, is amended by
inserting ``including such a disqualification, revocation,
suspension, or cancellation made pursuant to a
disqualification under subsection (b)(1)(F), (c)(1)(F), or
(d) of section 31310,'' after ``60 days,''.

SEC. 3716. DRUG TRAFFICKING AND CRIMES OF VIOLENCE.

(1) In general.--Title 18, United States Code, is amended
by inserting after chapter 51 the following:

``CHAPTER 52--DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY
ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for drug trafficking and crimes committed by
illegal aliens.

``Sec. 1131 Enhanced penalties for drug trafficking and
crimes committed by illegal aliens

``(a) In General.--Any alien unlawfully present in the
United States, who commits, or conspires or attempts to
commit, a crime of violence or a drug trafficking crime (as
defined in section 924), shall be fined under this title and
sentenced to not less than 5 years in prison.
``(b) Enhance Penalties for Aliens Ordered Removed.--If an
alien who violates subsection (a) was previously ordered
removed under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) on the grounds of having committed a crime, the
alien shall be sentenced to not less than 15 years in prison.
``(c) Requirement for Consecutive Sentences.--A sentence of
imprisonment imposed under this section shall run
consecutively to any other sentence of imprisonment imposed
for any other crime.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part I of title 18, United States Code, is
amended by inserting after the item relating to chapter 51
the following:

``52. Drug Trafficking and Crimes of Violence Committed by Illegal
Aliens..................................................1131''.....

SEC. 3717. ILLEGAL BORDER CROSSING FOR THE PURPOSE OF
TERRORISM.

Section 275(a) (8 U.S.C. 1325(a)) is amended to read as
follows:
``(a) Improper Time or Place; Avoidance of Examination or
Inspection; Misrepresentation and Concealment of Facts.--
``(1) In general.--Except as provided under paragraph (2),
any alien who--
``(A) enters or attempts to enter the United States at any
time or place other than as designated by immigration
officers;
``(B) eludes examination or inspection by immigration
officers; or
``(C) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or
the willful concealment of a material fact, shall, for the
first commission of any such offense, be fined under title
18, United States Code, imprisoned for not more than 6
months, or both, and, for a subsequent commission of any such
offense, be fined under such title 18, imprisoned for not
more than 2 years, or both.
``(2) Enhanced penalties.--Any alien who commits an offense
described in paragraph (1) with the intent to aid, abet, or
engage in any Federal crime of terrorism (as defined in
section 2332b(f) of title 18, United States Code) shall be
imprisoned for not less than 15 years and not more than 30
years.''.

SEC. 3718. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL
ORGANIZATIONS AND MONEY LAUNDERERS.

Section 981(b) of title 18, United States Code, is amended
by adding at the end the following:
``(5)(A) If a person is arrested or charged in connection
with an offense described in subparagraph (C) involving the
movement of funds into or out of the United States, the
Attorney General may apply to any Federal judge or magistrate
judge in the district in which the arrest is made or where
the charges are filed for an ex parte order restraining any
account held by the person arrested or charged for not more
than 30 days, except that such 30-day time period may be
extended for good cause shown at a hearing conducted in the
manner provided in Rule 43(e) of the Federal Rules of Civil
Procedure. The court may receive and consider evidence and
information submitted by the Government that would be
inadmissible under the Federal Rules of Evidence.
``(B) The application for the restraining order referred to
in subparagraph (A) shall--

[[Page S4429]]

``(i) identify the offense for which the person has been
arrested or charged;
``(ii) identify the location and description of the
accounts to be restrained; and
``(iii) state that the restraining order is needed to
prevent the removal of the funds in the account by the person
arrested or charged, or by others associated with such
person, during the time needed by the Government to conduct
such investigation as may be necessary to establish whether
there is probable cause to believe that the funds in the
accounts are subject to forfeiture in connection with the
commission of any criminal offense.
``(C) A restraining order may be issued pursuant to
subparagraph (A) if a person is arrested or charged with any
offense for which forfeiture is authorized under this title,
title 31, or the Controlled Substances Act (21 U.S.C. 801 et
seq.).
``(D) For purposes of this section--
``(i) the term `account' includes any safe deposit box and
any account (as defined in paragraphs (1) and (2) of section
5318A(e) of title 31, United States Code) at any financial
institution; and
``(ii) the term `account held by the person arrested or
charged' includes an account held in the name of such person,
and any account over which such person has effective control
as a signatory or otherwise.
``(E) Restraint pursuant to this paragraph shall not be
deemed a `seizure' for purposes of subsection 983(a) of this
title.
``(F) A restraining order issued pursuant to this paragraph
may be executed in any district in which the subject account
is found, or transmitted to the central authority of any
foreign State for service in accordance with any treaty or
other international agreement.''.

SEC. 3719. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS
DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR
INSTRUMENTS.

(a) In General.--Section 5312(a) of title 31, United States
Code, is amended--
(1) by striking paragraph (2)(K) and inserting the
following:
``(K) an issuer, redeemer, or cashier or travelers' checks,
checks, money orders, prepaid access devices, digital
currencies, or other similar instruments;'';
(2) in paragraph (3)(B), by inserting ``prepaid access
devices,'' after ``delivery,'';
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by inserting after paragraph (5) the following:
``(6) `prepaid access device' means an electronic device or
vehicle, such as a card, plate, code, number, electronic
serial number, mobile identification number, personal
identification number, or other instrument that provides a
portal to funds or the value of funds that have been paid in
advance and can be retrievable and transferable at some point
in the future.''.
(b) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on--
(1) the impact the amendments made by subsection (a) has
had on law enforcement, the prepaid access industry, and
consumers; and
(2) the implementation and enforcement by the Department of
Treasury of the final rule on Definitions and Other
Regulations Relating to Prepaid Access (76 Fed. Reg. 45403),
issued July 26, 2011.
(c) Customs and Border Protection Strategy for Prepaid
Access Devices.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Commission of the U.S. Customs and
Border Protection, shall submit to Congress a report
detailing a strategy to interdict and detect prepaid access
devices, digital currencies, or other similar instruments, at
border crossings and other ports of entry for the United
States. The report shall include an assessment of
infrastructure needs to carry out the strategy detailed in
the report.

SEC. 3720. FIGHTING MONEY SMUGGLING THROUGH BLANK CHECKS IN
BEARER FORM.

Section 5316 of title 31, United States Code, is amended by
adding at the end the following:
``(e) Monetary Instruments With Amount Left Blank.--For
purposes of this section, a monetary instrument in bearer
form that has the amount left blank, such that the amount
could be filled in by the bearer, shall be considered to have
a value in excess of $10,000 if the instrument was drawn on
an account that contained or was intended to contain more
than $10,000 at the time the instrument was transported or
the time period it was negotiated or was intended to be
negotiated.''.

SEC. 3721. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES
ENGAGED IN MONEY LAUNDERING.

(a) Proceeds of a Felony.--Section 1956(c)(1) of title 18,
United States Code, is amended by inserting ``, and
regardless of whether or not the person knew that the
activity constituted a felony'' before the semicolon at the
end.
(b) Intent to Conceal or Disguise.--Section 1956(a) of
title 18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the transaction--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''; and
(2) in paragraph (2)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or transfer
represent the proceeds of some form of unlawful activity, and
knowing that such transportation, transmission, or transfer--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''.

SEC. 3722. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION;
EMERGENCY AUTHORITY.

(a) In General.--The United States Sentencing Commission
shall review and, if appropriate, amend the Federal
sentencing guidelines and policy statements as the Commission
considers appropriate to respond to this Act.
(b) Emergency Authority.--In carrying out subsection (a),
the Commission may promulgate amendments to the Federal
sentencing guidelines and policy statements in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though the
authority under that Act had not expired.

At the appropriate place, insert the following:

SEC. __. PROSECUTING VISA OVERSTAYS.

(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall immediately
initiate removal proceedings against not less than 90 percent
of aliens admitted as nonimmigrants after such date of
enactment who the Secretary has determined have exceeded
their authorized period of admission.
(b) Report.--The Secretary shall submit to Congress a
report on a quarterly basis that sets out the following:
(1) The total number of aliens who the Secretary has
determined in that quarter have exceeded their authorized
period of stay as nonimmigrants.
(2) The total number of aliens described in paragraph (1)
against whom the Secretary has initiated removal proceedings
during that quarter.
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