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Title I — Border Security and other provisions

S. 744 · 113th Congress · Jun 27, 2013 · Lineage

I Border Security and other provisions

A 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. Border Patrol and U.S. Customs and Border Protection officers

(a)
U.S. Border Patrol— Not later than September 30, 2021, the Secretary shall increase the number of trained full-time active duty U.S. Border Patrol agents deployed to the Southern border to 38,405.
(b)
U.S. Customs and Border Protection— Not later than September 30, 2017, the Secretary shall increase the number of trained U.S. Customs and Border Protection officers by 3,500, compared to the number of such officers as of the date of the enactment of this Act. In allocating any new officers to international land ports of entry and high volume international airports, the primary goals shall be to increase security and reduce wait times of commercial and passenger vehicles at international land ports of entry and primary processing wait times at high volume international airports by 50 percent by fiscal year 2104 and screening all air passengers within 45 minutes under normal operating conditions or 80 percent of passengers within 30 minutes by fiscal year 2016. The Secretary shall make progress in increasing such number of officers during each of the fiscal years 2014 through 2017.
(c)
Air and Marine unmanned aircraft systems crew— Not later than September 30, 2015, the Secretary shall increase the number of trained U.S. Customs and Border Protection Air and Marine unmanned aircraft systems crew, marine agent, and personnel by 160 compared to the number of such officers as of the date of the enactment of this Act. The Secretary shall increase and maintain Customs and Border Protection Office of Air and Marine flight hours to 130,000 annually.
(d)
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.
(e)
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 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 under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act, for the purpose of implementing section 1102(b) of such Act. Amounts collected under clause (i)(III)”; and
(3)
by striking clause (iii).
(f)
Corporation for Travel Promotion— Section 9(d)(2)(B) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)(2)(B)) is amended by striking “For each of fiscal years 2012 through 2015,” and inserting “For each fiscal year after 2012,”.
(g)
Recruitment of former members of the Armed Forces and members of reserve components of the armed forces—
(1)
Requirement for program— The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit members of the reserve components of the Armed Forces and former members of the Armed Forces, including the reserve components, to serve in United States Customs and Border Protection and United States Immigration and Customs Enforcement.
(2)
Recruitment incentives—
(A)
Student loan repayments for United States border patrol agents with a three-year commitment— Section 5379(b) of title 5, United States Code, is amended by adding at the end the following new paragraph:

“(4) In the case of an employee who is otherwise eligible for benefits under this section and who is serving as a full-time active-duty United States border patrol agent within the Department of Homeland Security—

“(A) paragraph (2)(A) shall be applied by substituting “$20,000” for “$10,000”; and

“(B) paragraph (2)(B) shall be applied by substituting “$80,000” for “$60,000”.”

(B)
Recruitment and relocation bonuses and retention allowances for personnel of the department of homeland security— The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.
(3)
Report on recruitment incentives—
(A)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report including an assessment of the desirability and feasibility of offering incentives to members of the reserve components of the Armed Forces and former members of the Armed Forces, including the reserve components, for the purpose of encouraging such members to serve in United States Customs and Border Protection and Immigration and Customs Enforcement.
(B)
Content— The report required by subparagraph (A) shall include—
(i)
a description of various monetary and non-monetary incentives considered for purposes of the report; and
(ii)
an assessment of the desirability and feasibility of utilizing any such incentive.
(4)
Appropriate Committees of Congress Defined— The term appropriate committees of Congress means—
(A)
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.
(h)
Report— Prior to the hiring and training of additional U.S. Customs and Border Protection officers under subsection (a), the Secretary shall submit to Congress a report on current wait times at land, air, and sea ports of entry, officer staffing at land, air, and sea ports of entry and projections for new officer allocation at land, air, and sea ports of entry designed to implement subsection (a), including the need to hire non-law enforcement personnel for administrative duties.

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 unit or personnel of the National Guard of such State to perform operations and missions under section 502(f) of title 32, United States Code, in the Southwest Border 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 made available pursuant to the appropriations in paragraph (3), funds shall be made available—
(A)
to increase the number of border crossing prosecutions in the Tucson Sector of the Southwest border region to up to 210 prosecutions per day through increasing funding available for—
(i)
attorneys and administrative support staff in the Office of the United States Attorney for Tucson;
(ii)
support staff and interpreters in the Office of the Clerk of the Court for Tucson;
(iii)
pre-trial services;
(iv)
activities of the Federal Public Defender Office for Tucson; and
(v)
additional personnel, including Deputy United States Marshals in the United States Marshals Office for Tucson to perform intake, coordination, transportation, and court security; and
(B)
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 Court for the District of Arizona is authorized to appoint additional full-time magistrate judges, who, consistent with the Constitution and laws of the United States, shall 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 under section 6(a)(1), such sums as may be necessary to carry out this subsection.
(b)
Operation Stonegarden—
(1)
In general— The Federal Emergency Management Agency shall enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden. The amounts available under this paragraph are in addition to any other amounts otherwise made available for Operation Stonegarden. Grants under this subsection shall be allocated based on sector-specific border risk methodology, based on factors including threat, vulnerability, miles of border, and other border-specific information. 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.
(2)
Funding— There are authorized to be appropriated, from the amounts made available under section 6(a)(3)(A)(i), such sums as may be necessary to carry out this subsection.
(c)
Infrastructure improvements—
(1)
Border patrol stations— The Secretary shall—
(A)
construct additional Border Patrol stations in the Southwest border region that U.S. Border Patrol determines are needed to provide full operational support in rural, high-trafficked areas; and
(B)
analyze the feasibility of creating additional Border Patrol sectors along the Southern border to interrupt drug trafficking operations.
(2)
Forward operating bases— The Secretary shall enhance the security of the Southwest border region by—
(A)
establishing additional permanent forward operating bases for the U.S. Border Patrol, as needed;
(B)
upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and
(C)
ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such individuals cross the Southern border.
(3)
Safe and secure border infrastructure— The Secretary and the Secretary of Transportation, in consultation with the governors of the States in the Southwest border region and the Northern border region, shall establish a grant program, which shall be administered by the Secretary of Transportation and 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.
(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:
(B)
by striking the item relating to California and inserting the following:
(C)
by striking the item relating to Texas and inserting the following:
(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 “Judiciary Filing Fee” special fund of the Treasury established under section 1931 of title 28, United States Code. Such amounts shall be available solely for the 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 international border between the United States and Mexico.
(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 Commissioner of U.S. Customs and Border Protection, working through U.S. Border Patrol, 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 rotorcraft 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.
(b)
Limitation—
(1)
In general— Notwithstanding paragraphs (1) and (2) of subsection (a), and except as provided in paragraph (2), U.S. Border Patrol may not 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.
(c)
Authorization of appropriations— In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to U.S. Customs and Border Protection such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.

Sec. 1107 Access to emergency personnel

(a)
Southwest border region emergency 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;
(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—
(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.
(c)
Distress beacons—
(1)
In general— The Commissioner of U.S. Customs and Border Protection, working through U.S. Border Patrol, shall—
(A)
identify areas near the Northern border and the Southern border where migrant deaths are occurring due to climatic and environmental conditions; and
(B)
deploy up to 1,000 beacon stations in the areas identified pursuant to subparagraph (A).
(2)
Features— Beacon stations deployed pursuant to paragraph (1) should—
(A)
include a self-powering mechanism, such as a solar-powered radio button, to signal U.S. Border Patrol personnel or other emergency response personnel that a person at that location is in distress;
(B)
include a self-powering cellular phone relay limited to 911 calls to allow persons in distress in the area who are unable to get to the beacon station to signal their location and access emergency personnel; and
(C)
be movable to allow U.S. Border Patrol to relocate them as needed—
(i)
to mitigate migrant deaths;
(ii)
to facilitate access to emergency personnel; and
(iii)
to address any use of the beacons for diversion by criminals.

Sec. 1108 Southwest Border Region Prosecution Initiative

(a)
Reimbursement to State and local prosecutors for federally initiated criminal cases— The Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution, pretrial services and detention, clerical support, and public defenders’ services associated with the prosecution of federally initiated immigration-related 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 such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.

Sec. 1109 Interagency collaboration

The Assistant Secretary of Defense for Research and Engineering shall collaborate with the Under Secretary of Homeland Security for Science and Technology to identify equipment and technology used by the Department of 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 “2015.”.
(b)
SCAAP assistance for States—
(1)
Assistance for States incarcerating undocumented aliens charged with certain crimes— Section 241(i)(3)(A) (8 U.S.C. 1231(i)(3)(A)) is amended by inserting “charged with or” before “convicted”.
(2)
Assistance for States incarcerating unverified aliens— Section 241(i) (8 U.S.C. 1231(i)), as amended by subsection (a), is further amended—
(A)
by redesignating paragraphs (4), (5), and (6), as paragraphs (5), (6), and (7), 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).”

Sec. 1111 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. 1112 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, and agriculture specialists 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 1111;
(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 Border Patrol sectors along the international borders between the United States and Mexico and between the United States and Canada 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, when 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. 1113 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 and tribal 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 international borders between the United States and Mexico and between the United States and Canada 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 1112.
(3)
Membership—
(A)
In general— The DHS Task Force shall be composed of 33 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)
14 members shall be from the Northern border region and shall include—
(I)
2 local government elected officials;
(II)
2 local law enforcement officials;
(III)
2 tribal government officials;
(IV)
2 civil rights advocates;
(V)
1 business representative;
(VI)
1 higher education representative;
(VII)
1 private land owner representative;
(VIII)
1 representative of a faith community; and
(IX)
2 representatives of U.S. Border Patrol; and
(ii)
19 members shall be from the Southern border region and include—
(I)
3 local government elected officials;
(II)
3 local law enforcement officials;
(aa)
(III)
2 tribal government officials;
(IV)
3 civil rights advocates;
(V)
2 business representatives;
(VI)
1 higher education representative;
(VII)
2 private land owner representatives;
(VIII)
1 representative of a faith community; and
(IX)
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 16 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 the 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 a final report to the President, Congress, and the Secretary 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 for which the DHS Task Force should be responsible after the termination date described in subsection (e).
(d)
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2017.
(e)
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).

Sec. 1114 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:

“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 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:
(2)
by striking the item relating to section 452.

Sec. 1115 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—
(1)
Procedures— In any migration deterrence program carried out at a border, the Secretary and cooperating entities shall for each apprehended individual—
(A)
as soon as practicable after such individual is apprehended—
(i)
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
(ii)
ascertain whether repatriation of the apprehended individual presents any humanitarian concern or concern related to such individual’s physical safety; and
(B)
ensure that, with respect to a decision related to the repatriation or referral for prosecution of the apprehended individual, due consideration is given—
(i)
to the best interests of such individual’s child, if any;
(ii)
to family unity whenever possible; and
(iii)
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.
(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. 1116 Oversight of power to enter private land and stop vehicles without a warrant at the Northern border

(a)
In general— Section 287(a) (8 U.S.C. 1357(a)) is amended—
(1)
in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(2)
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
(3)
by redesignating paragraphs (4) and (5) as subparagraphs (F) and (G), respectively;
(4)
in the matter preceding subparagraph (A), as so redesignated—
(A)
by inserting “(1)” before “Any officer”;
(B)
by striking “Service” and inserting “Department of Homeland Security”; and
(C)
by striking “Attorney General” and inserting “Secretary of Homeland Security”;
(5)
in paragraph (1)(C), as so redesignated, by inserting the following at the beginning: “except as provided in subparagraphs (D) and (E),”;
(6)
by inserting after paragraph (1)(C) the following:

“(D) with respect to the Northern border, as defined in section 1101 of the Border Security, Economic Opportunity, and Immigration Enforcement Act, within a distance of 25 air miles from the Northern border, or such distance from the Northern border as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

“(E) with respect to the Northern border, as defined in section 1101 of the Border Security, Economic Opportunity, and Immigration Enforcement Act, within a distance of 10 air miles from the Northern border, or such distance from the Northern border as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;”

(7)
by inserting after the flush text at the end of subparagraph (F), as so redesignated, the following:

“(2)

“(A)

“(i) The Secretary of Homeland Security may establish for a Northern border sector or district a distance less than or greater than 25 air miles, but in no case greater than 100 air miles, as the maximum distance from the Northern border in which the authority described in paragraph (1)(C) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the Northern border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

“(ii) The Secretary of Homeland Security may establish for a Northern border sector or district a distance less than or greater than 10 air miles, but in no case greater than 25 air miles, as the maximum distance from the Northern border of the United States in which the authority described in paragraph (1)(D) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the Northern border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

“(B) In making the certifications described in subparagraph (A), the Secretary shall consider, as appropriate, land topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, reliable information as to movements of persons effecting illegal entry into the United States, effects on private property and quality of life for relevant communities and residents, consultations with affected State, local, and tribal governments, including the governor of any relevant State, and other factors that the Secretary considers appropriate.

“(C) A certification made under subparagraph (A) shall be valid for a period of 5 years and may be renewed for additional 5-year periods. If the Secretary finds at any time that circumstances no longer justify a certification, the Secretary shall terminate the certification.

“(D) The Secretary shall report annually to the Committee on the Judiciary and Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and Committee on Homeland Security of the House of Representatives the number of certifications made under subparagraph (A), and for each such certification, the Northern border sector or district and reasonable distance prescribed, the period of time the certification has been in effect, and the factors justifying the certification.”

(b)
Technical and conforming amendments—
(1)
Authorities without a warrant— In section 287(a) (8 U.S.C. 1357(a)), the undesignated matter following paragraph (2), as added by subsection (a)(5), is amended—
(A)
by inserting “(3)” before “Under regulations”;
(B)
by striking “paragraph (5)(B)” both places that term appears and inserting “subparagraph (F)(ii)”;
(C)
by striking “(i)” and inserting “(A)”;
(D)
by striking “(ii) establish” and inserting “(B) establish”;
(E)
by striking “(iii) require” and inserting “(C) require”; and
(F)
by striking “clause (ii), and (iv)” and inserting “subparagraph (B), and (D)”.
(2)
Conforming amendment— Section 287(e) (8 U.S.C. 1357(e)) is amended by striking “paragraph (3) of subsection (a),” and inserting “subsection (a)(1)(D),”.

Sec. 1117 Reports

(a)
Report on certain border matters— The Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives that sets forth—
(1)
the effectiveness rate (as defined in section 2(a)(4)) for each Border Patrol sector along the Northern border and the Southern border;
(2)
the number of miles along the Southern border that are under persistent surveillance;
(3)
the monthly wait times per passenger, including data on averages and peaks, for crossing the Northern border and the Southern border, and the staffing of such border crossings;
(4)
the allocations at each port of entry along the Northern border and the Southern border; and
(5)
the number of migrant deaths occurring near the Northern border and the Southern border and the efforts that have been undertaken to mitigate such deaths.
(b)
Report on interagency collaboration— The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Homeland Security for Science and Technology shall jointly submit a report on the results of the interagency collaboration under section 1109 to—
(1)
the Committee on Armed Services of the Senate;
(2)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(3)
the Committee on the Judiciary of the Senate;
(4)
the Committee on Armed Services of the House of Representatives;
(5)
the Committee on Homeland Security of the House of Representatives; and
(6)
the Committee on the Judiciary of the House of Representatives.

Sec. 1118 Severability and delegation

(a)
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.
(b)
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. 1119 Prohibition on new land border crossing fees

(a)
In general— Beginning on the date of the enactment of this Act, the Secretary shall not—
(1)
establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or
(2)
conduct any study relating to the imposition of a border crossing fee.
(b)
Border crossing fee defined— In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.

Sec. 1120 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 worldwide.
(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(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).”

Sec. 1121 Rule of construction

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

Sec. 1122 Limitations on dangerous deportation practices

(a)
Certification required—
(1)
In general— Not later than 1 year after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit written certification to Congress that the Department has only deported or otherwise removed a migrant from the United States through an entry or exit point on the Southern border during daylight hours.
(2)
Exception— The certification required under paragraph (1) shall not apply to the deportation or removal of a migrant otherwise described in that paragraph if—
(A)
the manner of the deportation or removal is justified by a compelling governmental interest;
(B)
the manner of the deportation or removal is in accordance with an applicable Local Arrangement for the Repatriation of Mexican Nationals entered into by the appropriate Mexican Consulate; or
(C)
the migrant is not an unaccompanied minor and the migrant—
(i)
is deported or removed through an entry or exit point in the same sector as the place where the migrant was apprehended; or
(ii)
agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal.
(b)
Additional information required— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a study of the Alien Transfer Exit Program, which shall include—
(1)
the specific locations on the Southern border where lateral repatriations have occurred during the 1-year period preceding the submission of the study;
(2)
the performance measures developed by U.S. Customs and Border Protection to determine if the Alien Transfer Exit Program is deterring migrants from repeatedly crossing the border or otherwise reducing recidivism; and
(3)
the consideration given, if any, to the rates of violent crime and the availability of infrastructure and social services in Mexico near such locations.
(c)
Prohibition on confiscation of property— Notwithstanding any other provision of law, lawful, nonperishable belongings of a migrant that are confiscated by personnel operating under Federal authority shall be returned to the migrant before repatriation, to the extent practicable.
(1)

Sec. 1123 Maximum allowable costs of salaries of contractor employees

Section 4304(a)(16) of title 41, United States Code, is amended by inserting before the period at the end the following: “, except that in the case of contracts with the Department of Homeland Security or the National Guard while operating in Federal status that relate to border security, the limit on the costs of compensation of all executives and employees of contractors is the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700)”.

B Other matters

Sec. 1201 Removal of nonimmigrants who overstay their visas

(a)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall initiate removal proceedings, in accordance with chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), confirm that immigration relief or protection has been granted or is pending, or otherwise close 90 percent of the cases of nonimmigrants who—
(1)
were admitted to the United States as nonimmigrants after the date of the enactment of this Act; and
(2)
during the most recent 12-month period, have entered the category of having exceeded their authorized period of admission by more than 180 days.
(b)
Semiannual report— Every 6 months after the date of the enactment of this Act, the Secretary shall submit a report to Congress that identifies—
(1)
the total number of nonimmigrants who the Secretary has determined have exceeded their authorized period of admission by more than 180 days after the date of the enactment of this Act, categorized by—
(A)
the type of visa that authorized their entry into the United States;
(B)
their country of origin; and
(C)
the length of time since their visa expired.
(2)
an estimate of the total number of nonimmigrants who are physically present in the United States and have exceeded their authorized period of admission by more than 180 days after the date of the enactment of this Act;
(3)
for the most recent 6-month and 12-month periods—
(A)
the total number of removal proceedings that were initiated against nonimmigrants who were physically present in the United States more than 180 days after the expiration of the period for which they were lawfully admitted; and
(B)
as a result of the removal proceedings described in paragraph (A)—
(i)
the total number of removals pending;
(ii)
the total number of nonimmigrants who were ordered to be removed from the United States;
(iii)
the total number of nonimmigrants whose removal proceedings were cancelled; and
(iv)
the total number of nonimmigrants who were granted immigration relief or protection in removal proceedings.
(c)
Estimated population— Each report submitted under subsection (b) shall include a comprehensive, detailed explanation of and justification for the methodology used to estimate the population described in subsection (a).

Sec. 1202 Visa overstay notification pilot program

(a)
Establishment of pilot program— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to explore the feasibility and effectiveness of notifying individuals who have traveled to the United States from a foreign nation that the terms of their admission to the United States are about to expire, including individuals that entered with a visa or through the visa waiver program.
(b)
Requirements— In establishing the pilot program required under subsection (a), the Secretary shall—
(1)
provide for the collection of contact information, including telephone numbers and email addresses, as appropriate, of individuals traveling to the United States from a foreign nation; and
(2)
randomly select a pool of participants in order to form a statistically significant sample of people who travel to the United States each year to receive notification by telephone, email, or other electronic means that the terms of their admission to the United States is about to expire.
(c)
Report— Not later than 1 year after the date on which the Secretary establishes the pilot program under subsection (a), the Secretary shall submit to Congress a report on whether the telephone or email notifications have a statistically significant effect on reducing the rates of visa overstays in the United States.

Sec. 1203 Preventing unauthorized immigration transiting through Mexico

(a)
In general— The Secretary of State, in coordination with the Secretary of Homeland Security, shall develop, in consultation with the relevant Committees of Congress, a strategy to address the unauthorized immigration of individuals who transit through Mexico to the United States.
(b)
Requirements— The strategy developed under subsection (a) shall include specific steps—
(1)
to enhance the training, resources, and professionalism of border and law enforcement officials in Mexico, Honduras, El Salvador, Guatemala, and other countries, as appropriate; and
(2)
to educate nationals of the countries described in paragraph (1) about the perils of the journey to the United States, including how this Act will increase the likelihood of apprehension, increase criminal penalties associated with illegal entry, and make finding employment in the United States more difficult.
(c)
Implementation of strategy— In carrying out the strategy developed under subsection (a)—
(1)
the Secretary of Homeland Security, in conjunction with the Secretary of State, shall produce an educational campaign and disseminate information about the perils of the journey across Mexico, the likelihood of apprehension, and the difficulty of finding employment in the United States; and
(2)
the Secretary of State, in coordination with the Secretary of Homeland Security, shall offer—
(A)
training to border and law enforcement officials to enable these officials to operate more effectively, by using, to the greatest extent practicable, Department of Homeland Security personnel to conduct the training; and
(B)
technical assistance and equipment to border officials, including computers, document readers, and other forms of technology that may be needed, as appropriate.
(d)
Availability of funds— The Secretary of Homeland Security may use such sums as are necessary from the Comprehensive Immigration Trust Fund established under section 6(a)(1) to carry out this section.