S.Amdt. 3738

1. Adds CHAPTER 6--BORDER SECURITY ENHANCEMENTS on page 15, line 22

   Adds a sectionPrinted page

   Inserted: CHAPTER 6--BORDER SECURITY ENHANCEMENTS

   Inserted: SEC. 1601. MEASURES USED TO EVALUATE BORDER SECURITY.

   Inserted: (a) Border Security Review.--

   Inserted: (1) In general.--The Secretary shall conduct an annual comprehensive review of the following:

   Inserted: (A) The security conditions in each of the following 9 Border Patrol sectors along the Southwest border:

   Inserted: (i) The Rio Grande Valley Sector.

   Inserted: (ii) The Laredo Sector.

   Inserted: (iii) The Del Rio Sector.

   Inserted: (iv) The Big Bend Sector.

   Inserted: (v) The El Paso Sector.

   Inserted: (vi) The Tucson Sector.

   Inserted: (vii) The Yuma Sector.

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   Inserted: (viii) The El Centro Sector.

   Inserted: (ix) The San Diego Sector.

   Inserted: (B) Update on the new and existing double layered fencing built and in place, broken down on an annual basis since the date of the enactment of the Secure Fence Act of 2006 (Public Law 109-367), with the goal of completing the fence not later than 5 years after the date of the enactment of this Act.

   Inserted: (C) Progress towards the completion of an effective exit and entry program at all points of entry that tracks visa holders.

   Inserted: (D) Progress towards the goal of a 95 percent apprehension or turn back rate.

   Inserted: (E) A 100 percent incarceration until trial rate for newly captured illegal entrants and overstays.

   Inserted: (F) Progress towards the goal ending of illegal immigration, as measured by census data and the Department.

   Inserted: (2) Report.--Not later than July 1, 2015, and annually thereafter, the Secretary shall submit a report to Congress containing specific results of the review conducted under paragraph (1).

   Inserted: (3) Rule of construction.--

   Inserted: (A) In general.--Except as provided in subparagraph (B), nothing in paragraph (1) may be construed as prohibiting the Secretary from proposing--

   Inserted: (i) alterations to boundaries of the Border Patrol sectors; or

   Inserted: (ii) a different number of sectors to be operated on the Southern border.

   Inserted: (B) Reporting.--The Secretary may not make any alteration to the Border Patrol sectors in operation or the boundaries of such sectors as of the date of the enactment of this Act unless the Secretary submits, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, a written notification and description of the proposed change not later than 120 days before any such change would take effect.

   Inserted: (b) Unqualified Opinion.--

   Inserted: (1) In general.--The Secretary shall submit a report to Congress that contains--

   Inserted: (A) an unqualified opinion of whether each of the sectors referred to in subsection (a)(1)(A) has achieved "total operational control" of the border within its jurisdiction; and

   Inserted: (B) the following criteria and goals of the Department:

   Inserted: (i) Transparent data relating to the success of border security and immigration enforcement policies.

   Inserted: (ii) Improved accountability to the people of the United States.

   Inserted: (iii) 100 percent surveillance capability on the border not later than 2 years after the date of the enactment of this Act.

   Inserted: (iv) An apprehension or turn back rate of more than 95 percent not later than 5 years after the date of the enactment of this Act.

   Inserted: (v) Increasing annual targets for apprehensions, which shall be adapted to the unique conditions of each Border Patrol sector.

   Inserted: (vi) Uniformity in data collection and analysis for each Border Patrol sector.

   Inserted: (vii) An update on the new and existing double layered fencing built and in place, broken down on an annual basis since the date of the enactment of the Secure Fence Act of 2006.

   Inserted: (2) Total operational control defined.--In this chapter, the term "total operational control", with respect to a border sector, occurs if--

   Inserted: (A) the fence construction requirements required under this chapter have been completed;

   Inserted: (B) the infrastructure enhancements required under this chapter have been completed and deployed;

   Inserted: (C) there has been verifiable increases in personnel dedicated to patrols, inspections, and interdiction;

   Inserted: (D) U.S. Customs and Border Protection has achieved 100 percent surveillance capacity throughout the entire sector;

   Inserted: (E) U.S. Customs and Border Protection has achieved an apprehension rate of at least 95 percent for all attempted unauthorized crossings;

   Inserted: (F) uniform data collection standards have been adopted across all sectors; and

   Inserted: (G) U.S. Customs and Border Protection is tracking the exits of 100 percent of the visitors to the United States visitors through land points of entry.

   Inserted: (3) Metrics described.--The Secretary shall use specific metrics to assess the progress toward, and maintenance of, total operational control of the border in each Border Patrol sector, including--

   Inserted: (A) with respect to resources and infrastructure--

   Inserted: (i) a description of the infrastructure and resources deployed on the Southwest border, including physical barriers and fencing, surveillance cameras, motion and other ground sensors, aerial platforms, and unmanned aerial vehicles;

   Inserted: (ii) an assessment of the Border Patrol's ability to perform uninterrupted surveillance on the entirety of the border within each sector;

   Inserted: (iii) an assessment of whether the Department of Homeland Security has attained a 100 percent surveillance capability for each sector; and

   Inserted: (iv) a specific analysis detailing the miles of fence built, including double-layered fencing, pursuant to the Secure Fence Act of 2006 (Public Law 109-367), as amended by this chapter.

   Inserted: (B) with respect to illegal entries between ports--

   Inserted: (i) the number of attempted illegal entries, categorized by--

   Inserted: (I) number of apprehensions;

   Inserted: (II) people turned back to country of origin (turn-backs); and

   Inserted: (III) individuals who have escaped (got aways);

   Inserted: (ii) the number of apprehensions, including data on unique apprehensions to capture individuals who attempted to enter multiple times;

   Inserted: (iii) the apprehension rate as a percentage of total attempted illegal entries;

   Inserted: (iv) an estimate of the number of successful illegal entries, based on reliable supporting evidence;

   Inserted: (v) the prevalence of drug and contraband smuggling, categorized by--

   Inserted: (I) the frequency of attempted crossings;

   Inserted: (II) successful evasions of law enforcement;

   Inserted: (III) the value of smuggled contraband;

   Inserted: (IV) successful discoveries and arrests; and

   Inserted: (V) arrest rate trends related to violent criminals crossing the border;

   Inserted: (vi) physical evidence of crossings not otherwise tied to a pursuit, including fence-cuttings; and

   Inserted: (vii) transparent data that reports if the numbers include actual physical capture or turn-backs witnessed by border control and a segregation of data that includes evidence of individuals going back, including but not limited to footprints, food and torn clothing;

   Inserted: (C) with respect to illegal entries at ports--

   Inserted: (i) the number of attempted illegal entries, categorized by the number of apprehensions, turn-backs, and got aways;

   Inserted: (ii) the number of apprehensions, including data on unique apprehensions to capture individuals who attempt to enter multiple times;

   Inserted: (iii) the apprehension rate as a percentage of total attempted illegal entries;

   Inserted: (iv) an estimate of the number of successful illegal entries, based on reliable supporting evidence; and

   Inserted: (v) the prevalence of drug and contraband smuggling, categorized by--

   Inserted: (I) the frequency of attempted entries;

   Inserted: (II) successful discovery methods;

   Inserted: (III) the use of falsified official travel documents;

   Inserted: (IV) evolving evasion tactics; and

   Inserted: (V) arrest rate trends related to persons apprehended attempting to smuggle prohibited items;

   Inserted: (D) with respect to repeat offenders, data and analysis of recidivism trends, including the prevalence of multiple arrests and repeated attempts to enter illegally;

   Inserted: (E) with respect to smuggling--

   Inserted: (i) updated information on U.S. Customs and Border Protection's Consequence Delivery System;

   Inserted: (ii) progress made in creating uniformity in the punishment of unlawful border crossers relative to their crimes for the purposes of deterring smuggling;

   Inserted: (iii) the percentage of unlawful immigrants and smugglers who are subject to a uniform punishment; and

   Inserted: (iv) data breaking down the treatment of, and consequences for, repeat offenders to determine the extent to which the Consequence Delivery System serves as an effective deterrent;

   Inserted: (F) with respect to visa overstays, data for each year, categorized by the type of visa issued to the alien;

   Inserted: (G) with respect to the unlawful presence of aliens--

   Inserted: (i) the total number of individuals present in the United States, which will be correlated in future years with normalization participants;

   Inserted: (ii) net migration into the United States, including legal and illegal immigrants;

   Inserted: (iii) deportation data, categorized by country and the nature of apprehension;

   Inserted: (iv) individuals who have obtained or who seek legal status; and

   Inserted: (v) individuals without legal status who have died while in the United States;

   Inserted: (H) the number of Department agents deployed to the border each year, categorized by staffing assignment and security function;

   Inserted: (I) progress made on the implementation of a full exit tracking capabilities for land, sea, and air points of entry;

   Inserted: (J) progress towards the goal of 100 percent incarceration until trial rate for newly captured illegal entrants and overstays; and

   Inserted: (K) progress towards the goal ending of illegal immigration, as measured by data collected by the United States Census Bureau and the Department.

   Inserted: SEC. 1602. REPORTS ON BORDER SECURITY.

   Inserted: (a) Department of Homeland Security Report.--

   Inserted: (1) In general.--Not later than October 1, 2014, and annually thereafter for 5 years, the Secretary shall submit a report to Congress that contains a comprehensive review of the security conditions in each of the Border Patrol sectors along the Southwest border.

   Inserted: (2) Public hearings for report.--Congress shall hold public hearings with the Secretary and other individuals responsible for preparing the report submitted under paragraph (1) to discuss the report and educate the United States public on border security from the perspective of such officials. Congress shall allow differing views on the conclusions of the report to be expressed by outside groups and interested parties for purposes of analyzing data through a transparent and deliberative committee process.

   Inserted: (b) Inspector General's Report.--

   Inserted: (1) In general.--Not later than 30 days after the issuance of each report under subsection (a), the Inspector General of the Department shall submit a report to Congress that provides an independent analysis of the report submitted under subsection (a)(1) to analyze--

   Inserted: (A) the accuracy of the report; and

   Inserted: (B) the validity of the data used by the Department to issue the report.

   Inserted: (2) Participation.--The Inspector General should participate in any hearings relating to the assessment of the border security report of the Department.

   Inserted: (c) Governors Reports.--

   Inserted: (1) In general.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Governor of each of the States along the Southern border may submit an independent report to Congress that provides the perspective of the Governor and other officials of such State tasked to law enforcement on the security conditions along that State's border with Mexico.

   Inserted: (2) Public hearings for state reports.--Congress shall hold public hearings with the Governor and other officials from each State that submits a report under paragraph (1) to discuss the report and educate the United States public on border security from the perspective of such officials.

   Inserted: (d) Public Disclosure of Reports.--Upon the receipt of a report submitted under this section, the Senate and the House of Representatives shall--

   Inserted: (1) provide copies of the report to the Chair and ranking member of each standing committee with jurisdiction under the rules of such House, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate; and

   Inserted: (2) make the report available to the public.

   Inserted: SEC. 1603. REQUIREMENT FOR PHYSICAL BORDER FENCE CONSTRUCTION.

   Inserted: (a) Construction of Border Fencing.--Using funds made available to the Secretary under this Act, and except as provided under subsection (d), the Secretary shall construct not fewer than 140 miles of double-layer fencing on the Southern border during each 1-year period beginning on the date of the enactment of this Act.

   Inserted: (b) Certification.--Except as provided in subsection (d), not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a written certification that construction of not fewer than 140 miles of double-layer fencing has been completed in the preceding year to--

   Inserted: (1) the Committee on the Judiciary of the Senate;

   Inserted: (2) the Committee on Homeland Security and Governmental Affairs of the Senate;

   Inserted: (3) the Committee on the Judiciary of the House of Representatives; and

   Inserted: (4) the Committee on Homeland Security of the House of Representatives.

   Inserted: (c) Determination of Miles of Fencing Constructed.--

   Inserted: (1) Included items.--In determining the number of fencing miles constructed in the preceding year, the Secretary may apply, toward the requirement under subsection (a), the number of miles of--

   Inserted: (A) new double-layer fencing that have been completed; and

   Inserted: (B) a second fencing layer that has been added to an existing, single-layered fence.

   Inserted: (2) Excluded items.--In determining the number of fencing miles constructed in the preceding year, the Secretary may not apply, toward the requirement in subsection (a)--

   Inserted: (A) vehicle barriers;

   Inserted: (B) ground sensors;

   Inserted: (C) motion detectors;

   Inserted: (D) radar-based surveillance;

   Inserted: (E) thermal imaging;

   Inserted: (F) aerial surveillance platforms;

   Inserted: (G) observation towers;

   Inserted: (H) motorized or nonmotorized ground patrols;

   Inserted: (I) existing single-layer fencing; or

   Inserted: (J) new construction of single-layer fencing.

   Inserted: (d) Sunset.--The Secretary shall no longer be required to comply with the requirements under subsection (a) and (b) on the earliest of--

   Inserted: (1) the date on which the Secretary submits the 5th affirmative certification pursuant to subsection (b); or

   Inserted: (2) the date on which the Secretary certifies the completion of not fewer than 700 miles of double-layer fencing on the Southern border.

   Inserted: (e) Conforming Amendment.--Section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended by striking subparagraph (D).

   Inserted: SEC. 1604. ONE HUNDRED PERCENT EXIT TRACKING FOR ALL UNITED STATES VISITORS.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) Consistent with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the United States will continue its progress toward full biometric entry-exit capture capability at land, air, and sea points of entry.

   Inserted: (2) No capability exits to fully track whether non-United States persons in the United States on a temporary basis have exited the country consistent with the terms of their visa, whether by land, sea, or air.

   Inserted: (3) No program exists along the Southwest border to track land exits from the United States into Mexico.

   Inserted: (4) Without the ability to capture the full cycle of a visitor's trip to and from the United States, it is possible for persons to remain in the United States unlawfully for years without detection by U.S. Immigration and Customs Enforcement.

   Inserted: (5) Because there is no exit tracking capability, there is insufficient data for an official assessment of the number of persons who have overstayed a visa and that remain in the United States. Studies have estimated that as many as 40 percent of all persons in the United States without lawful immigration status entered the country legally and did not return to their country of origin or follow the terms of their entry.

   Inserted: (6) Despite a legal mandate to track visitor exits, more than a decade without any significant capability to do so has--

   Inserted: (A) degraded the Federal Government's ability to enforce immigration laws;

   Inserted: (B) placed a greater strain on law enforcement resources; and

   Inserted: (C) undermined the legal immigration process in the United States.

   Inserted: (b) Requirement for Outbound Travel Document Capture at Land Points of Entry.--

   Inserted: (1) Outbound travel document capture at foot crossings.--

   Inserted: (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a mandatory exit data system for all outbound lanes at each land point of entry along the Southern border that is only accessible to individuals on foot or by nonmotorized means.

   Inserted: (B) Data collection requirements.--The system established under subparagraph (A) shall require the collection of data from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting the United States through an outbound lane described in subparagraph (A).

   Inserted: (2) Outbound travel document capture at all other land points of entry.--

   Inserted: (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall establish a mandatory exit data system at all outbound lanes not subject to paragraph (1) at each land point of entry along the Southern border.

   Inserted: (B) Data collection requirements.--The system established under subparagraph (A) shall require the collection of data from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting the United States through an outbound lane described in subparagraph (A).

   Inserted: (3) Information required for collection.--While collecting information under paragraphs (1) and (2), the Secretary shall collect identity-theft resistant departure information from the machine-readable visas, passports, and other travel and entry documents.

   Inserted: (4) Recording of exits and correlation to entry data.--The Secretary shall integrate the records collected under paragraphs (1) and (2) into any database necessary to correlate an alien's entry and exit data.

   Inserted: (5) Processing of records.--Before the departure of outbound aliens at each point of entry, the Secretary shall provide for cross-reference capability between databases designated by the Secretary under paragraph (4) to determine and record whether an outbound alien has been in the United States without lawful immigration status.

   Inserted: (6) Records inclusion requirements.--The Secretary shall maintain readily accessible entry-exit data records for immigration and other law enforcement and improve immigration control and enforcement by including information necessary to determine whether an outbound alien without lawful presence in the United States entered the country through--

   Inserted: (A) unauthorized entry between points of entry;

   Inserted: (B) visa or other temporary authorized status;

   Inserted: (C) fraudulent travel documents;

   Inserted: (D) misrepresentation of identity; or

   Inserted: (E) any other method of entry.

   Inserted: (7) Prohibition on collecting exit records for united states citizens.--

   Inserted: (A) Prohibition.--While documenting the departure of outbound individuals at each point of entry along the Southern border, the Secretary may not--

   Inserted: (i) process travel documents of United States citizens;

   Inserted: (ii) log, store, or transfer exit data for United States citizens;

   Inserted: (iii) create, maintain, operate, access, or support any database containing information collected through outbound processing at a point of entry under paragraph (1) or (2) that contains records identifiable to an individual United States citizen.

   Inserted: (B) Exception.--The prohibition set forth in subparagraph (A) does not apply to the records of an individual if an officer processing travel documentation in the outbound lanes at a point of entry along the Southern border--

   Inserted: (i) has a strong suspicion that the individual has engaged in criminal or other prohibited activities; or

   Inserted: (ii) needs to verify an individual's identity because the individual is attempting to exit the United States without approved travel documentation.

   Inserted: (C) Verification of travel documents.--Subject to the prohibition set forth in subparagraph (A), the Secretary may provide for the confirmation of a United States citizen's approved travel documentation validity in the outbound lanes at a point of entry along the Southern border.

   Inserted: (c) Infrastructure Improvements at Land Points of Entry.--

   Inserted: (1) Facilitation of land exit tracking.--The Secretary may improve the infrastructure at, or adjacent to, land points of entry, as necessary, to implement the requirements under paragraphs (1) and (2) of subsection (b), by--

   Inserted: (A) expanding or reconfiguring outbound road or bridge lanes within a point of entry;

   Inserted: (B) improving or reconfiguring public roads or other transportation infrastructure leading into, or adjacent to, the outbound lanes at a point of entry if--

   Inserted: (i) there has been a demonstrated negative impact on transportation in the area adjacent to a point of entry as a result of projects carried out under this section; or

   Inserted: (ii) the Secretary, in consultation with State, local, or tribal officials responsible for transportation adjacent to a point of entry, has submitted a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that projects proposed under this section will have a significant negative impact on transportation adjacent to a point of entry without such transportation infrastructure improvements; and

   Inserted: (iii) the total of funds obligated in any year to meet the requirements of subsection (b)(1)(B) shall not exceed 25 percent of the total funds obligated to meet the requirements under paragraphs (1) and (2) of subsection (b) in the same year;

   Inserted: (C) where possible, construction of, expansion of, or improvement of access to secondary inspection areas;

   Inserted: (D) physical structures to accommodate inspections and processing travel documents described in subsection (b)(3) for outbound aliens, including booths or kiosks at exit lanes;

   Inserted: (E) transfer, installation, use, and maintenance of computers, software or other network infrastructure to facilitate capture and processing of travel documents described in subsection (b)(3) for all outbound aliens; and

   Inserted: (F) performance of outbound inspections outside of secondary inspection areas at a point of entry to detect suspicious activity or contraband.

   Inserted: (2) Report on infrastructure requirements to carry out 100 percent land exit tracking.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, a report that assesses the infrastructure needs for each point of entry along the Southern border to fulfill the requirements under subsection (b), including--

   Inserted: (A) a description of anticipated infrastructure needs within each point of entry;

   Inserted: (B) a description of anticipated infrastructure needs adjacent to each point of entry;

   Inserted: (C) an assessment of the availability of secondary inspection areas at each point of entry;

   Inserted: (D) an assessment of space available at or adjacent to a point of entry to perform processing of outbound aliens; and

   Inserted: (E) an assessment of the infrastructure demands relative to the volume of outbound crossings for each point of entry.

   Inserted: (d) Procedures for Exit Processing and Inspection.--

   Inserted: (1) Individuals subject to outbound secondary inspection.--Officers performing outbound inspection or processing travel documents may send an outbound individual to a secondary inspection area for further inspection and processing if the individual is--

   Inserted: (A) determined or suspected to have been in the United States without lawful status during processing under subsection (b) or at another point during the exit process;

   Inserted: (B) found to be subject to an outstanding arrest warrant;

   Inserted: (C) suspected of engaging in prohibited activities at the point of entry;

   Inserted: (D) traveling without approved travel documentation; or

   Inserted: (E) subject to any random outbound inspection procedures, as determined by the Secretary.

   Inserted: (2) Limitations on outbound secondary inspections.--The Secretary may not designate an outbound United States citizen for secondary inspection or collect biometric information from a United States citizen under outbound inspection procedures unless criminal or other prohibited activity has been detected or is strongly suspected.

   Inserted: (3) Outbound processing of persons in the united states without lawful presence.--

   Inserted: (A) Process for recording unlawful presence.--If the Secretary determines, at a point of entry along the Southern border, that an outbound alien has been in the United States without lawful presence, the Secretary shall--

   Inserted: (i) collect and record biometric data from the individual;

   Inserted: (ii) combine data related to the individual's unlawful presence with any other information related to the individual in the interoperable database, in accordance with paragraphs (4) and (5) of subsection (b); and

   Inserted: (iii) except as provided in clause (ii), permit the individual to exit the United States.

   Inserted: (B) Exception.--An individual shall not be permitted to leave the United States if, during outbound inspection, the Secretary detects previous unresolved criminal activity by the individual.

   Inserted: SEC. 1605. RULE OF CONSTRUCTION.

   Inserted: Nothing in this chapter, or in the amendments made by this chapter, may be construed as replacing or repealing the requirements for biometric entry-exit capture required under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208).

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