,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eaad ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjad ,mr4 ,cuellar 7for himself1 ,mr4 ,barber1 and ,mr4 ,farenthold7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,foreign ,affairs1 ,homeland ,security1 ,armed ,services1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to facilitate the expedited processing of minors entering the ,united ,states across the southern border and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,helping ,unaccompanied ,minors and ,alleviating ,national ,emergency ,act or the ,,humane ,act4 ,i ,protecting ,children #aja4 ,repatriation of unaccompanied alien children ,section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by amending the paragraph heading to read as follows3 ,rules for unaccompanied alien children2 7,b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 and 7,c7 in subparagraph 7,c7-- 7i7 by amending the subparagraph heading to read as follows3 ,agreements with foreign countries2 and 7ii7 in the matter preceding clause 7i71 by striking countries contiguous to the ,united ,states and inserting ,canada1 ,el ,salvador1 ,guatemala1 ,honduras1 ,mexico1 and any other foreign country that the ,secretary determines appropriate2 and 7#b7 in paragraph 7#e77;,d7-- 7,a7 in the subparagraph heading1 by striking ,placement in removal proceedings and inserting ,expedited due process and screening for unaccompanied alien children2 7,b7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection 7a77#b71 shall be-- and inserting who does not meet the criteria listed in paragraph 7#b77;,a7--2 7,c7 by striking clause 7i7 and inserting the following3 7i7 shall be placed in a proceeding in accordance with section #bce;,b of the ,immigration and ,nationality ,act1 which shall commence not later than #g days after the screening of an unaccompanied alien child described in paragraph 7#d72 2 7,d7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7,e7 by inserting after clause 7i7 the following3 7ii7 may not be placed in the custody of a nongovernmental sponsor or otherwise released from the custody of the ,united ,states ,government until the child is repatriated unless the child is the subject of an order under section #bce;,b7e77#a7 of the ,immigration and ,nationality ,act2 2 7,f7 in clause 7iii71 as redesignated1 by inserting is before eligible2 and 7,g7 in clause 7iv71 as redesignated1 by inserting shall be before provided4 #ajb4 ,expedited due process and screening of unaccompanied alien children 7a7 ,amendments to ,immigration and ,nationality ,act 7#a7 ,in general ,chapter #d of the ,immigration and ,nationality ,act is amended by inserting after section #bce;,a the following3 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children 7a7 ,defined term ,in this section1 the term asylum officer means an immigration officer who-- 7#a7 has had professional training in country conditions1 asylum law1 and interview techniques comparable to that provided to full-time adjudicators of applications under section #bjh1 and 7#b7 is supervised by an officer who-- 7,a7 meets the condition described in paragraph 7#a72 and 7,b7 has had substantial experience adjudicating asylum applications4 7b7 ,proceeding 7#a7 ,in general ,not later than #g days after the screening of an unaccompanied alien child under section #bce7;a77#d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#d771 an immigration judge shall conduct a proceeding to inspect1 screen1 and determine the status of an unaccompanied alien child who is an applicant for admission to the ,united ,states4 7#b7 ,time limit ,not later than #gb hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section1 the immigration judge who conducted such proceeding shall issue an order pursuant to subsection 7e74 7c7 ,conduct of proceeding 7#a7 ,authority of immigration judge ,the immigration judge conducting a proceeding under this section-- 7,a7 shall administer oaths1 receive evidence1 and interrogate1 examine1 and cross-examine the alien and any witnesses2 7,b7 may issue subpoenas for the attendance of witnesses and presentation of evidence2 and 7,c7 is authorized to sanction by civil money penalty any action 7or inaction7 in contempt of the judge's proper exercise of authority under this ,act4 7#b7 ,form of proceeding ,a proceeding under this section may take place-- 7,a7 in person2 7,b7 at a location agreed to by the parties1 in the absence of the alien2 7,c7 through video conference2 or 7,d7 through telephone conference4 7#c7 ,presence of alien ,if it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding1 the ,attorney ,general shall prescribe safeguards to protect the rights and privileges of the alien4 7#d7 ,rights of the alien ,in a proceeding under this section-- 7,a7 the alien shall be given the privilege of being represented1 at no expense to the ,government1 by counsel of the alien's choosing who is authorized to practice in such proceedings2 7,b7 the alien shall be given a reasonable opportunity-- 7i7 to examine the evidence against the alien2 7ii7 to present evidence on the alien's own behalf2 and 7iii7 to cross-examine witnesses presented by the ,government2 7,c7 the rights set forth in subparagraph 7,b7 shall not entitle the alien-- 7i7 to examine such national security information as the ,government may proffer in opposition to the alien's admission to the ,united ,states2 or 7ii7 to an application by the alien for discretionary relief under this ,act2 and 7,d7 a complete record shall be kept of all testimony and evidence produced at the proceeding4 7#e7 ,withdrawal of application for admission ,in the discretion of the ,attorney ,general1 an alien applying for admission to the ,united ,states may1 and at any time1 be permitted to withdraw such application and immediately be returned to the alien's country of nationality or country of last habitual residence4 7d7 ,decision and burden of proof 7#a7 ,decision 7,a7 ,in general ,at the conclusion of a proceeding under this section1 the immigration judge shall determine whether an unaccompanied alien child is likely to be-- 7i7 admissible to the ,united ,states2 or 7ii7 eligible for any form of relief from removal under this ,act4 7,b7 ,evidence ,the determination of the immigration judge under subparagraph 7,a7 shall be based only on the evidence produced at the hearing4 7#b7 ,burden of proof 7,a7 ,in general ,in a proceeding under this section1 an alien who is an applicant for admission has the burden of establishing1 by a preponderance of the evidence1 that the alien-- 7i7 is likely to be entitled to be lawfully admitted to the ,united ,states or eligible for any form of relief from removal under this ,act2 or 7ii7 is lawfully present in the ,united ,states pursuant to a prior admission4 7,b7 ,access to documents ,in meeting the burden of proof under subparagraph 7,a77ii71 the alien shall be given access to-- 7i7 the alien's visa or other entry document1 if any2 and 7ii7 any other records and documents1 not considered by the ,attorney ,general to be confidential1 pertaining to the alien's admission or presence in the ,united ,states4 7e7 ,orders 7#a7 ,placement in further proceedings ,if an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection 7d77#b71 the judge shall order the alien to be placed in further proceedings in accordance with section #bdj4 7#b7 ,orders of removal ,if an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection 7d77#b71 the judge shall order the alien removed from the ,united ,states without further hearing or review unless the alien claims-- 7,a7 an intention to apply for asylum under section #bjh2 or 7,b7 a fear of persecution4 7#c7 ,claims for asylum ,if an unaccompanied alien child described in paragraph 7#b7 claims an intention to apply for asylum under section #bjh or a fear of persecution1 the officer shall order the alien referred for an interview by an asylum officer under subsection 7f74 7f7 ,asylum interviews 7#a7 ,defined term ,in this subsection1 the term credible fear of persecution means1 after taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer1 there is a significant possibility that the alien could establish eligibility for asylum under section #bjh4 7#b7 ,conduct by asylum officer ,an asylum officer shall conduct interviews of aliens referred under subsection 7e77#c74 7#c7 ,referral of certain aliens ,if the officer determines at the time of the interview that an alien has a credible fear of persecution1 the alien shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 during further consideration of the application for asylum4 7#d7 ,removal without further review if no credible fear of persecution 7,a7 ,in general ,subject to subparagraph 7,c71 if the asylum officer determines that an alien does not have a credible fear of persecution1 the officer shall order the alien removed from the ,united ,states without further hearing or review4 7,b7 ,record of determination ,the officer shall prepare a written record of a determination under subparagraph 7,a71 which shall include-- 7i7 a summary of the material facts as stated by the applicant2 7ii7 such additional facts 7if any7 relied upon by the officer2 7iii7 the officer's analysis of why1 in light of such facts1 the alien has not established a credible fear of persecution2 and 7iv7 a copy of the officer's interview notes4 7,c7 ,review of determination 7i7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process by which an immigration judge will conduct a prompt review1 upon the alien's request1 of a determination under subparagraph 7,a7 that the alien does not have a credible fear of persecution4 7ii7 ,mandatory components ,the review described in clause 7i7-- 7,i7 shall include an opportunity for the alien to be heard and questioned by the immigration judge1 either in person or by telephonic or video connection2 and 7,,ii7 shall be conducted-- 7aa7 as expeditiously as possible2 7bb7 within the #bd-;hour period beginning at the time the asylum officer makes a determination under subparagraph 7,a71 to the maximum extent practicable2 and 7cc7 in no case later than #g days after such determination4 7,d7 ,mandatory protective custody ,any alien subject to the procedures under this paragraph shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77-- 7i7 pending a final determination of credible fear of persecution2 and 7ii7 after a determination that the alien does not such a fear1 until the alien is removed4 7g7 ,limitation on administrative review 7#a7 ,in general ,except as provided in subsection 7f77#d77;,c7 and paragraph 7#b71 a removal order entered in accordance with subsection 7e77#b7 or 7f77#d77;,a7 is not subject to administrative appeal4 7#b7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process for the prompt review of an order under subsection 7e77#b7 against an alien who claims under oath1 or as permitted under penalty of perjury under section #agdf of title #bh1 ,united ,states ,code1 after having been warned of the penal ties for falsely making such claim under such conditions to have been-- 7,a7 lawfully admitted for permanent residence2 7,b7 admitted as a refugee under section #bjg2 or 7,c7 granted asylum under section #bjh4 4 7#b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bce;,a the following3 ,sec4 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children4 4 7b7 ,judicial review of orders of removal ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 or an order of removal issued to an unaccompanied alien child after proceedings under section #bce;,b after section #bce7;b77#a72 and 7,b7 in paragraph 7#b7-- 7i7 by inserting or section #bce;,b after section #bce7;b77#a7 each place it appears2 and 7ii7 in subparagraph 7,a7-- 7,i7 in the subparagraph heading1 by inserting or #bce;,b after section #bce7;b77#a72 and 7,,ii7 in clause 7iii71 by striking section #bce7;b77#a77;,b71 and inserting section #bce7;b77#a77;,b7 or #bce;,b7f722 and 7#b7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting or #bce;,b after section #bce7;b77#a72 7,b7 by inserting or section #bce;,b after section #bce7;b77#a7 in each place it appears2 7,c7 in subparagraph 7#b77;,c71 by inserting or section #bce;,b7g7 after section #bce7;b77#a77;,c72 and 7,d7 in subparagraph 7#c77;,a71 by inserting or section #bce;,b after section #bce7;b74 #ajc4 ,due process protections for unaccompanied alien children present in the ,united ,states 7a7 ,special motions for unaccompanied alien children 7#a7 ,filing authorized ,beginning on the date that is #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 notwithstanding any other provision of law1 may1 at the sole and unreviewable discretion of the ,secretary1 permit an unaccompanied alien child who was issued a ,notice to ,appear under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7 during the period beginning on ,january #a1 #bjac1 and ending on the date of the enactment of this ,act-- 7,a7 to appear1 in-person1 before an immigration judge who has been authorized by the ,attorney ,general to conduct proceedings under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajb2 7,b7 to attest to their desire to apply for admission to the ,united ,states2 and 7,c7 to file a motion-- 7i7 to expunge-- 7,i7 any final order of removal issued against them between ,january #a1 #bjac1 and the date of the enactment of this ,act under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a72 or 7,,ii7 any ,notice to ,appear issued between ,january #a1 #bjac1 and the date of the enactment of this ,act under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi72 and 7ii7 to apply for admission to the ,united ,states by being placed in proceedings under section #bce;,b of the ,immigration and ,nationality ,act4 7#b7 ,motion granted ,an immigration judge may1 at the sole and unreviewable discretion of the judge1 grant a motion filed under paragraph 7#a77;,c7 upon a finding that-- 7,a7 the petitioner was an unaccompanied alien child 7as defined in section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,act of #bjjh 7#h ,u4,s4,c4 #abcb77 on the date on which a ,notice to ,appear described in paragraph 7#a7 was issued to the alien2 7,b7 the ,notice to ,appear was issued during the period beginning on ,january #a1 #bjac1 and ending on the date of the enactment of this ,act2 7,c7 the unaccompanied alien child is applying for admission to the ,united ,states2 and 7,d7 the granting of such motion would not be manifestly unjust4 7#c7 ,effect of motion ,notwithstanding any other provision of law1 upon the granting of a motion to expunge under paragraph 7#b7-- 7,a7 the ,secretary of ,homeland ,security shall immediately expunge any final order of removal resulting from a proceeding initiated by any ,notice to ,appear described in paragraph 7#a71 and such ,notice to ,appear2 and 7,b7 the immigration judge who granted such motion shall1 while the petitioner remains in-person1 immediately inspect and screen the petitioner for admission to the ,united ,states by conducting a proceeding under section #bce;,b of the ,immigration and ,nationality ,act4 7#d7 ,protective custody ,an unaccompanied alien child who has been granted a motion under paragraph 7#b7 shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb74 #ajd4 ,emergency immigration judge resources 7a7 ,designation ,not later than #ad days after the date of the enactment of this ,act1 the ,attorney ,general shall designate up to #dj immigration judges1 including through the hiring of retired immigration judges or magistrate judges1 or the reassignment of current immigration judges1 that are dedicated to conducting humane and expedited inspection and screening for unaccompanied alien children under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajb4 7b7 ,requirement ,the ,attorney ,general shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection 7a7 to comply with the requirement under section #bce;,b7b77#a7 of the ,immigration and ,nationality ,act4 #aje4 ,protecting children from human traffickers1 sex offenders1 and other criminals ,section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#c77 is amended-- 7#a7 in subparagraph 7,a71 by inserting 1 including a mandatory biometric criminal history check before the period at the end2 and 7#b7 by adding at the end the following-- 7,d7 ,prohibition on placement with sex offenders and human traffickers 7i7 ,in general ,the ,secretary of ,health and ,human ,services may not place an unaccompanied alien child in the custody of an individual who has been convicted of-- 7,i7 a sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa772 or 7,,ii7 a crime involving a severe form of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb774 7ii7 ,requirements of criminal background check ,a biometric criminal history check under subparagraph 7,a7 shall be based on a set of fingerprints or other biometric identifiers and conducted through-- 7,i7 the ,identification ,division of the ,federal ,bureau of ,investigation2 and 7,,ii7 criminal history repositories of all ,states that the individual lists as current or former residences4 4 ,,ii ,border ,security and ,trade ,facilitation #bja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,cocaine removal effectiveness rate ,the term cocaine removal effectiveness rate means the percentage that results from dividing the amount of cocaine removed by the ,department of ,homeland ,security's maritime security components inside or outside a transit zone1 as the case may be1 by the total documented cocaine flow rate as contained in ,federal drug databases4 7#c7 ,consequence delivery system ,the term ,consequence ,delivery ,system means the series of consequences applied to persons illegally entering the ,united ,states by the ,border ,patrol to prevent illegal border crossing recidivism4 7#d7 ,got away ,the term got away means an illegal border crosser who1 after making an illegal entry into the ,united ,states1 is not turned back or apprehended4 7#e7 ,high traffic areas ,the term high traffic areas means sectors along the northern and southern borders of the ,united ,states that are within the responsibility of the ,border ,patrol that have the most illicit cross-border activity1 informed through situational awareness4 7#f7 ,illegal border crossing effectiveness rate ,the term illegal border crossing effectiveness rate means the percentage that results from dividing the number of apprehensions and turn backs by the number of apprehensions1 turn backs1 and got aways4 ,the data used by the ,secretary of ,homeland ,security to determine such rate shall be collected and reported in a consistent and standardized manner across all ,border ,patrol sectors4 7#g7 ,major violator ,the term major violator means a person or entity that has engaged in serious criminal activities at any land1 air1 or sea port of entry1 including possession of illicit drugs1 smuggling of prohibited products1 human smuggling1 weapons possession1 use of fraudulent ,united ,states documents1 or other offenses serious enough to result in arrest4 7#h7 ,operational control ,the term operational control means a condition in which there is a not lower than #ij percent illegal border crossing effectiveness rate1 informed by situational awareness1 and a significant reduction in the movement of illicit drugs and other contraband through such areas is being achieved4 7#i7 ,situational awareness ,the term situational awareness means knowledge and an understanding of current illicit cross-border activity1 including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the ,united ,states and in the maritime environment1 and the ability to forecast future shifts in such threats and trends4 7#aj7 ,transit zone ,the term transit zone means the sea corridors of the western ,atlantic ,ocean1 the ,gulf of ,mexico1 the ,caribbean ,sea1 and the eastern ,pacific ,ocean through which undocumented migrants and illicit drugs transit1 either directly or indirectly1 to the ,united ,states4 7#aa7 ,turn back ,the term turn back means an illegal border crosser who1 after making an illegal entry into the ,united ,states1 returns to the country from which such crosser entered4 #bjb4 ,border security results 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 every #ahj days thereafter until the ,comptroller ,general of the ,united ,states reports on the results of the review described in section #bjc7k77#b77;,b71 and annually after the date of such report1 the ,secretary of ,homeland ,security shall submit a report to the appropriate congressional committees and the ,government ,accountability ,office that-- 7#a7 assesses and describes the state of situational awareness and operational control2 and 7#b7 identifies the high traffic areas and the illegal border crossing effectiveness rate for each sector along the northern and southern borders of the ,united ,states that are within the responsibility of the ,border ,patrol4 7b7 ,,gao report ,not later than #ij days after receiving the initial report required under subsection 7a71 the ,comptroller ,general of the ,united ,states shall submit a report to the appropriate congressional committees regarding the verification of the data and methodology used to determine high traffic areas and the illegal border crossing effectiveness rate4 #bjc4 ,strategy to achieve situational awareness and operational control of the border 7a7 ,strategy ,to secure the border ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit1 to the appropriate congressional committees1 a comprehensive strategy for-- 7#a7 gaining and maintaining situational awareness and operational control of high traffic areas not later than #b years after the date of the submission of the implementation plan required under subsection 7c72 and 7#b7 gaining and maintaining operational control along the ,southwest border of the ,united ,states not later than #e years after such date of submission4 7b7 ,contents of strategy ,the strategy required under subsection 7a7 shall include a consideration of the following3 7#a7 ,an assessment of principal border security threats1 including threats relating to the smuggling and trafficking of humans1 weapons1 and illicit drugs4 7#b7 ,efforts to analyze and disseminate border security and border threat information between the border security components of the ,department of ,homeland ,security and with other appropriate ,federal departments and agencies with missions associated with the border4 7#c7 ,efforts to increase situational awareness1 in accordance with privacy1 civil liberties1 and civil rights protections1 including-- 7,a7 surveillance capabilities developed or utilized by the ,department of ,defense1 including any technology determined to be excess by the ,department of ,defense2 and 7,b7 use of manned aircraft and unmanned aerial systems1 including camera and sensor technology deployed on such assets4 7#d7 ,efforts to detect and prevent terrorists and instruments of terrorism from entering the ,united ,states4 7#e7 ,efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the ,department of ,homeland ,security4 7#f7 ,an assessment of existing efforts and technologies used for border security and the effect of such efforts and technologies on civil rights1 private property rights1 privacy rights1 and civil liberties4 7#g7 ,technology required to maintain1 support1 and enhance security and facilitate trade at ports of entry1 including nonintrusive detection equipment1 radiation detection equipment1 biometric technology1 surveillance systems1 and other sensors and technology that the ,secretary of ,homeland ,security determines to be necessary4 7#h7 ,operational coordination of the border security components of the ,department of ,homeland ,security4 7#i7 ,lessons learned from ,operation ,jumpstart and ,operation ,phalanx4 7#aj7 ,cooperative agreements and information sharing with ,state1 local1 tribal1 territorial1 and other ,federal law enforcement agencies that have jurisdiction on the northern or southern borders1 or in the maritime environment4 7#aa7 ,border security information received from consultation with-- 7,a7 ,state1 local1 tribal1 and ,federal law enforcement agencies that have jurisdiction on the northern or southern border1 or in the maritime environment2 and 7,b7 border community stakeholders 7including through public meetings with such stakeholders71 including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the northern or southern border4 7#ab7 ,agreements with foreign governments that support the border security efforts of the ,united ,states1 including coordinated installation of standardized land border inspection technology1 such as license plate readers and ,,rfid readers4 7#ac7 ,staffing requirements for all border security functions4 7#ad7 ,a prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the ,united ,states4 7#ae7 ,an assessment of training programs1 including training programs regarding-- 7,a7 identifying and detecting fraudulent documents2 7,b7 protecting the civil1 constitutional1 human1 and privacy rights of individuals2 7,c7 understanding the scope of enforcement authorities and the use of force policies2 7,d7 screening1 identifying1 and addressing vulnerable populations1 such as children and victims of human trafficking2 and 7,e7 social and cultural sensitivity toward border communities4 7#af7 ,local crime indices of municipalities and counties along the southern border4 7#ag7 ,an assessment of how border security operations affect crossing times4 7#ah7 ,resources and other measures that are necessary to achieve a #ej-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 border4 7#ai7 ,metrics required under subsections 7e71 7f71 and 7g74 7c7 ,implementation plan 7#a7 ,in general ,not later than #ij days after the submission of the strategy required under subsection 7a71 the ,secretary of ,homeland ,security shall submit1 to the appropriate congressional committees and to the ,government ,accountability ,office1 an implementation plan for each of the border security components of the ,department of ,homeland ,security to carry out such strategy4 7#b7 ,contents of plan ,the implementation plan required under paragraph 7#a7 shall-- 7,a7 specify what protections will be put in place to ensure that staffing and resources necessary for the maintenance of operations at ports of entry are not diverted to the detriment of such operations in favor of operations between ports of entry2 and 7,b7 include-- 7i7 an integrated master schedule and cost estimate1 including lifecycle costs1 for the activities contained in such implementation plan2 and 7ii7 a comprehensive border security technology plan to improve surveillance capabilities that includes-- 7,i7 a documented justification and rationale for technology choices2 7,,ii7 deployment locations2 7,,iii7 fixed versus mobile assets2 7,,iv7 a timetable for procurement and deployment2 7,v7 estimates of operation and maintenance costs2 7,,vi7 an identification of any impediments to the deployment of such technologies2 and 7,,vii7 estimates of the relative cost effectiveness of various border security strategies and operations1 including-- 7aa7 the deployment of personnel and technology2 and 7bb7 the construction of new physical and virtual barriers4 7#c7 ,government accountability office review ,not later than #ij days after receiving the implementation plan in accordance with paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall submit an assessment of such plan to the appropriate congressional committees a report on such plan4 7d7 ,periodic updates ,not later than #ahj days after the submission of each ,quadrennial ,homeland ,security ,review required under section #gjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdg7 beginning with the first such ,review that is due after the implementation plan is submitted under subsection 7c71 the ,secretary of ,homeland ,security shall submit1 to the appropriate congressional committees1 an updated-- 7#a7 strategy under subsection 7a72 and 7#b7 implementation plan under subsection 7c74 7e7 ,metrics for securing the border between ports of entry ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement metrics1 informed by situational awareness1 to measure the effectiveness of security between ports of entry1 including-- 7#a7 an illegal border crossing effectiveness rate1 informed by situational awareness2 7#b7 an illicit drugs seizure rate1 which measures the amount and type of illicit drugs seized by the ,border ,patrol in any fiscal year compared to an average of the amount and type of illicit drugs seized by the ,border ,patrol for the immediately preceding #e fiscal years2 7#c7 a cocaine seizure effectiveness rate1 which shall be measured by calculating the percentage of the total documented cocaine flow rate 7as contained in ,federal drug databases7 that is seized by the ,border ,patrol2 7#d7 estimates1 using alternative methodologies1 including recidivism data1 survey data1 known-flow data1 and technologically measured data1 of-- 7,a7 total attempted illegal border crossings2 7,b7 total deaths and injuries resulting from such attempted illegal border crossings2 7,c7 the rate of apprehension of attempted illegal border crossers2 and 7,d7 the inflow into the ,united ,states of illegal border crossers who evade apprehension2 and 7#e7 estimates of the impact of the ,border ,patrol's ,consequence ,delivery ,system on the rate of recidivism of illegal border crossers4 7f7 ,metrics for securing the border at ports of entry 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement metrics1 informed by situational awareness1 to measure the effectiveness of security at ports of entry1 which shall include-- 7,a7 an inadmissible border crossing rate1 which measures the number of known inadmissible border crossers who are apprehended1 excluding those border crossers who voluntarily withdraw their applications for admission1 against the total estimated number of inadmissible border crossers ,u4,s4 ,customs and ,border ,protection fails to apprehend2 7,b7 an illicit drugs seizure rate1 which measures the amount and type of illicit drugs seized by ,u4,s4 ,customs and ,border ,protection in any fiscal year compared to an average of the amount and type of illicit drugs seized by ,u4,s4 ,customs and ,border ,protection for the immediately preceding #e fiscal years2 7,c7 a cocaine seizure effectiveness rate1 which shall be measured by calculating the percentage of the total documented cocaine flow rate 7as contained in ,federal drug databases7 that is seized by ,u4,s4 ,customs and ,border ,protection2 7,d7 estimates1 using alternative methodologies1 including survey data and randomized secondary screening data1 of-- 7i7 total attempted inadmissible border crossers2 7ii7 the rate of apprehension of attempted inadmissible border crossers2 and 7iii7 the inflow into the ,united ,states of inadmissible border crossers who evade apprehension2 7,e7 the number of infractions related to personnel and cargo committed by major violators who are apprehended by ,u4,s4 ,customs and ,border ,protection at ports of entry1 and the estimated number of such infractions committed by major violators who are not so apprehended2 and 7,f7 a measurement of how border security operations affect crossing times4 7#b7 ,covert testing ,the ,inspector ,general of the ,department of ,homeland ,security shall carry out covert testing at ports of entry and submit to the ,secretary of ,homeland ,security and the appropriate congressional committees a report that contains the results of such testing4 ,the ,secretary shall use such results to inform activities under this subsection4 7g7 ,metrics for securing the maritime border ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement metrics1 informed by situational awareness1 to measure the effectiveness of security in the maritime environment1 which shall include-- 7#a7 an estimate of the total number of undocumented migrants the ,department of ,homeland ,security's maritime security components fail to interdict2 7#b7 an undocumented migrant interdiction rate1 which measures the number of undocumented migrants interdicted against the total estimated number of undocumented migrants the ,department of ,homeland ,security's maritime security components fail to interdict2 7#c7 an illicit drugs removal rate1 which measures the amount and type of illicit drugs removed by the maritime security components of the ,department of ,homeland ,security inside a transit zone in any fiscal year compared to an average of the amount and type of illicit drugs removed by such components inside a transit zone for the immediately preceding #e fiscal years2 7#d7 an illicit drugs removal rate1 which measures the amount of illicit drugs removed by the maritime security components of the ,department of ,homeland ,security outside a transit zone in any fiscal year compared to an average of the amount of illicit drugs removed by such components outside a transit zone for the immediately preceding #e fiscal years2 7#e7 a cocaine removal effectiveness rate inside a transit zone2 7#f7 a cocaine removal effectiveness rate outside a transit zone2 and 7#g7 a response rate which measures the ,department of ,homeland ,security's ability to respond to and resolve known maritime threats1 both inside and outside a transit zone1 by placing assets on-scene1 compared to the total number of events with respect to which the ,department has known threat information4 7h7 ,collaboration and consultation 7#a7 ,in general ,the ,secretary of ,homeland ,security shall collaborate with the head of a national laboratory within the ,department of ,homeland ,security laboratory network with expertise in border security and the head of a border security university-based center within the ,department of ,homeland ,security centers of excellence network to develop1 and ensure the suitability and statistical validity of1 the metrics required under subsections 7e71 7f71 and 7g74 7#b7 ,recommendations relating to certain other metrics ,in carrying out paragraph 7#a71 the head of the national laboratory and the head of a border security university-based center shall make recommendations to the ,secretary of ,homeland ,security for other suitable metrics that may be used to measure the effectiveness of border security4 7#c7 ,consultation ,in addition to the collaboration described in paragraph 7#a71 the ,secretary shall also consult with the ,governors of every border ,state and the representatives of the ,border ,patrol and ,u4,s4 ,customs and ,border ,protection regarding the development of the metrics required under subsections 7e71 7f71 and 7g74 7i7 ,evaluation by the ,government ,accountability ,office 7#a7 ,in general ,the ,secretary of ,homeland ,security shall provide the ,government ,accountability ,office with the data and methodology used to develop the metrics implemented under subsections 7e71 7f71 and 7g74 7#b7 ,report ,not later than #bgj days after receiving the data and methodology referred to in paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall submit a report to the appropriate congressional committees on the suitability and statistical validity of such data and methodology4 7j7 ,certifications and reports relating to operational control 7#a7 ,by the secretary of homeland security 7,a7 ,two years ,if the ,secretary of ,homeland ,security determines that situational awareness and operational control of high traffic areas have been achieved not later than #b years after the date of the submission of the implementation plan required under subsection 7c71 the ,secretary shall submit an attestation of such achievement to the appropriate congressional committees and the ,comptroller ,general of the ,united ,states4 7,b7 ,five years ,if the ,secretary of ,homeland ,security determines that operational control along the southwest border of the ,united ,states has been achieved not later than #e years after the date of the submission of the implementation plan required under subsection 7c71 the ,secretary shall submit an attestation of such achievement to the appropriate congressional committees and the ,comptroller ,general of the ,united ,states4 7,c7 ,annual updates ,every year beginning with the year after the ,secretary of ,homeland ,security submits the attestation under subparagraph 7,b71 if the ,secretary determines that operational control along the southwest border of the ,united ,states is being maintained1 the ,secretary shall submit an attestation of such maintenance to the appropriate congressional committees and the ,comptroller ,general of the ,united ,states4 7#b7 ,by the comptroller general 7,a7 ,reviews ,the ,comptroller ,general of the ,united ,states shall review and assess the attestations of the ,secretary of ,homeland ,security under subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a74 7,b7 ,reports ,not later than #abj days after conducting the reviews described in subparagraph 7,a71 the ,comptroller ,general of the ,united ,states shall submit a report on the results of each such review to the appropriate congressional committees4 7k7 ,failure ,to achieve situational awareness or operational control ,if the ,secretary of ,homeland ,security determines that situational awareness1 operational control1 or both1 as the case may be1 has not been achieved by the dates referred to in subparagraphs 7,a7 and 7,b7 of subsection 7j77#a71 as the case may be1 or if the ,secretary determines that operational control is not being annually maintained pursuant to subparagraph 7,c7 of such subsection1 the ,secretary shall1 not later than #fj days after such dates1 submit a report to the appropriate congressional committees that-- 7#a7 describes why situational awareness or operational control1 or both1 as the case may be1 was not achieved2 and 7#b7 includes a description of impediments incurred1 potential remedies1 and recommendations to achieve situational awareness1 operational control1 or both1 as the case may be4 7l7 ,government accountability office report on border security duplication and cost effectiveness ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the appropriate congressional committees that addresses-- 7#a7 areas of overlap in responsibilities within the border security functions of the ,department of ,homeland ,security2 and 7#b7 the relative cost effectiveness of border security strategies1 including deployment of additional personnel and technology1 and construction of virtual and physical barriers4 7m7 ,reports ,not later than #fj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to the appropriate congressional committees that contains-- 7#a7 a resource allocation model for current and future year staffing requirements that includes-- 7,a7 optimal staffing levels at all land1 air1 and sea ports of entry2 and 7,b7 an explanation of ,u4,s4 ,customs and ,border ,protection methodology for aligning staffing levels and workload to threats and vulnerabilities and their effects on cross border trade and passenger travel across all mission areas2 7#b7 detailed information on the level of manpower available at all land1 air1 and sea ports of entry and between ports of entry1 including the number of canine and agricultural specialists assigned to each such port of entry2 7#c7 detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry2 and 7#d7 detailed information that examines the security impacts and competitive impacts of entering into a reimbursement agreement with foreign governments for ,u4,s4 ,customs and ,border ,protection preclearance facilities4 #bjd4 ,prohibition on land border crossing fee study ,the ,secretary of ,homeland ,security may not conduct any study relating to the imposition of a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the southern border or the northern border of the ,united ,states4 #bje4 ,border security resources 7a7 ,equipment and technology enhancements ,consistent with the ,southern ,border ,security ,strategy required under section #bjc1 the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall upgrade existing technological assets and equipment1 and procure and deploy additional technological assets and equipment on the southern border4 7b7 ,physical and tactical infrastructure improvements 7#a7 ,construction1 upgrade1 and acquisition of border control facilities ,consistent with the ,southern ,border ,security ,strategy required under section #bjc1 the ,secretary1 shall upgrade existing physical and tactical infrastructure of the ,department of ,homeland ,security1 and construct and acquire additional physical and tactical infrastructure on the southern border1 including the following3 7,a7 ,u4,s4 ,border ,patrol stations4 7,b7 ,u4,s4 ,border ,patrol checkpoints4 7,c7 ,forward operating bases4 7,d7 ,monitoring stations4 7,e7 ,mobile command centers4 7,f7 ,land border port of entry improvements4 7,g7 ,other necessary facilities1 structures1 and properties4 7c7 ,customs and border protection personnel enhancements 7#a7 ,additional officers ,consistent with the ,southern ,border ,security ,strategy required under section #bjc1 the ,secretary is authorized to increase the number of trained active-duty ,u4,s4 ,customs and ,border ,protection officers deployed on the southern border1 including-- 7,a7 officers serving in the ,office of the ,border ,patrol2 7,b7 officers serving in the ,office of ,air and ,marine2 and 7,c7 officers serving in the ,office of ,field ,operations1 including officers stationed at land border ports of entry4 7#b7 ,expedited training and deployment authority ,when exercising authority under this section1 the ,secretary is authorized-- 7,a7 to conduct enhanced recruiting operations for ,u4,s4 ,customs and ,border ,protection personnel2 7,b7 to conduct additional training academies for ,u4,s4 ,customs and ,border ,protection personnel2 and 7,c7 to promulgate regulations allowing for the expedited training of ,u4,s4 ,customs and ,border ,protection personnel4 7d7 ,national ,guard support for operations 7#a7 ,in general ,amounts authorized to be appropriated under this section may be expended1 with the approval of the ,secretary of ,defense and the ,secretary of ,homeland ,security1 for the ,governor of a ,state to order any units or personnel of the ,national ,guard of such ,state to perform operations and missions under section #ejb7;f7 of title #cb1 ,united ,states ,code1 on the southern border4 7#b7 ,assignment of operations and missions 7,a7 ,in general ,national ,guard units and personnel deployed under paragraph 7#a7 may be assigned such operations1 including missions specified in paragraph 7#c71 as may be necessary to provide assistance for operations on the southern border4 7,b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions described in subparagraph 7,a7 shall be full-time duty under title #cb1 ,united ,states ,code4 7#c7 ,range of operations and missions ,the operations and missions assigned under paragraph 7#b7 shall include the temporary authority-- 7,a7 to provide assistance for law enforcement1 including the interdiction of human trafficking1 illicit drugs1 and contraband crossing the border2 7,b7 to assist in the provision of humanitarian relief2 7,c7 to increase ground-based mobile surveillance systems2 7,d7 to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the southern border2 7,e7 to deploy and provide capability for radio communications interoperability between ,u4,s4 ,customs and ,border ,protection and ,state1 local1 and tribal law enforcement agencies2 7,f7 to construct checkpoints along the southern border to bridge the gap to long-term permanent checkpoints2 7,g7 to provide assistance to ,u4,s4 ,customs and ,border ,protection1 particularly in rural1 high-trafficked areas1 as designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,h7 to enhance law enforcement rotary wing operations supporting quick reaction forces1 medical air evacuations1 and incident awareness and assessment operations2 and 7,i7 to provide equipment and training to law enforcement agencies4 7#d7 ,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 subsection4 7#e7 ,exclusion from national guard personnel strength limitations ,national ,guard personnel deployed under paragraph 7#a7 shall not be included in-- 7,a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7,b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 7#f7 ,funding ,there are authorized to be appropriated for fiscal years #bjad and #bjae such sums as may be necessary to carry out this subsection4 7e7 ,state and local assistance 7#a7 ,in general ,the ,federal ,emergency ,management ,agency shall enhance law enforcement preparedness1 humanitarian responses1 and operational readiness along the southern border through ,operation ,stonegarden4 7#b7 ,grants and reimbursements 7,a7 ,in general ,for purposes of paragraph 7#a71 amounts made available under this section shall be allocated for grants and reimbursements to ,state and local governments in ,border ,patrol ,sectors on the southern border for personnel1 overtime1 travel1 costs related to combating illegal immigration and drug smuggling1 and costs related to providing humanitarian relief to unaccompanied alien children who have entered the ,united ,states4 7,b7 ,funding for state and local governments ,allocations for grants and reimbursements to ,state and local governments under this paragraph shall be made by the ,federal ,emergency ,management ,agency through a competitive process4 7#c7 ,funding ,there are authorized to be appropriated for fiscal years #bjad and #bjae such sums as may be necessary to carry out this subsection4